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President Obama Establishes Task Force To Focus on Campus Sexual Assaults

By Olabisi L. Okubadejo and Dee Spagnuolo President Obama announced in a memorandum the formation of an interagency task force to address incidents of rape and sexual assault at colleges and universities. Citing “uneven” compliance with applicable federal laws, the White House indicated...

New Campus SaVE Act Requirements Effective

By Olabisi L. Okubadejo, Dee Spagnuolo, and Rachel M. Keene Colleges and universities now face new obligations regarding reports of crime statistics, student disciplinary procedures, and policies and procedures to address and prevent sexual violence on campus. The requirements are being imposed...

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Federal Negotiators Allow Lawyers, Other Advisers To Participate in Campus Sexual Assault Hearings

By Dee Spagnuolo, Olabisi L. Okubadejo, and Christopher T. Cognato Negotiators empaneled by the U.S. Department of Education (Department) recently reached consensus on several preliminary campus safety rules that should be published in the coming months under the Campus Sexual Violence Elimination...

White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

By Dee Spagnuolo and Olabisi L. Okubadejo The White House Task Force To Protect Students from Sexual Assault has released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university campuses. The task force, created by...

Massachusetts: University’s Control of Public Street Doesn’t Turn Street Into Its “Premises,” Injury Claim Barred by Going and Coming Rule

In a decision designated as unpublished, the Appeals Court of Massachusetts held that an M.I.T. employee, who sustained injuries in an accident as he drove his motor scooter home from work, did not sustain an injury arising out of and in the course of the employment; his claim was barred by the going...

Department of Education Proposes New Campus Safety Rules

The U.S. Department of Education has proposed a new rule implementing changes to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) under the Violence Against Women Reauthorization Act of 2013 . Colleges and universities would be subject to several new requirements...

Bipartisan Senate Legislation Introduced To Address Campus Sexual Assaults

By Olabisi L. Okubadejo Eight U.S. senators have introduced the Campus Accountability and Safety Act, [ enhanced version available to lexis.com subscribers ], a bill that proposes to amend the Higher Education Act and the Clery Act to include new requirements for addressing sexual violence on campus...

Violence Against Women Act Amendments to The Clery Act

Effective October 1, 2014, colleges and universities have new and expanded responsibilities for reporting complaints of sexual misconduct. The Violence Against Women Act (VAWA), reauthorized in 2013, included amendments to the Clery Act , [ enhanced version available to lexis.com subscribers ], which...

New York's Non-Profit Revitalization Act of 2013 Changes the Governance of Private Colleges, Universities and Schools

New York’s Non-Profit Revitalization Act (the Act) fundamentally changes the governance of non-profit private colleges, universities and schools and other charitable organizations. New York, which labored under cumbersome and antiquated regulatory statutes, has created a simpler method of creating...

Congress and the Higher Education Act: What’s On the Table? What’s To Come? Our Look at the Major Proposals

By Dennis M. Cariello , Lawrence E. Levinson , Nathaniel J. Bell , John A. Miller* Congress is well into the process of passing a reauthorization of the Higher Education Act (HEA), and many members of Congress have introduced bills addressing many aspects of higher education that concern the...

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

By Olabisi L. Okubadejo and Rachel M. Keene In its April 2014 report , the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to increase coordination among campus...

Boston Cracking Down On Overcrowded Undergraduate Student Housing

By Rich Vetstein City Universities Providing ISD With Addresses of Student Apartments In the coming weeks, some Boston college students living off-campus and their landlords may be greeted by city inspection officers at their doors. Shrugging off privacy concerns, pursuant to a new city ordinance...

Department of Education Releases Updated Guidance for Title IX Compliance

On April 24, 2015, the U.S. Department of Education’s Office of Civil Rights (“OCR”) issued a “guidance package” to further assist educational institutions in understanding their Title IX obligations. The package consisted of a Dear Colleague letter, a letter to Title IX...

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in significant changes to the servicing and collection of student loans. In the Memorandum...

Vassar College Prevails in Respondent’s Title IX Lawsuit

By Olabisi L. Okubadejo, Marjorie J. Peerce, and Carolyn A. Pellegrini A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault, [ enhanced version available to lexis.com subscribers ]. The plaintiff...

New Restrictions on Campus Financial Products Proposed by Department of Education

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance funds to students. Credit balances result when the amount of Title IV HEA program...

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The fine will be imposed on May 5, 2015, against San Francisco-based Heald College...

U.S. Department of Education Releases New Title IX Guidance

On April 24, 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) released a guidance package that reminds educational institutions of their responsibilities under Title IX. This guidance package, issued approximately one year after OCR’s lengthy clarification of its April...

U.S. Department of Education Releases Guidance on Title IV Eligibility for Students Without a High School Diploma Who Are Enrolled in Eligible Career Pathway Programs

On May 22, 2015, the U.S. Department of Education ("ED" or "the Department") released guidance regarding a December 2014 amendment to the Higher Education Act of 1965, as amended, that makes an individual without a high school diploma (or its recognized equivalent) or who did not...

State Net Capitol Journal – August 10, 2015; States Embrace Earned Income Tax Credit

Budget & Taxes States Embrace Earned Income Tax Credit As states continue to recover from the Great Recession, several are embracing a tax credit to help bring working families along. This year five states, including California and Massachusetts, where a Democrat and a Republican hold the top...

Ohio High Court Rules College Police Departments Subject to Public Records Act

In a 4 to 3 decision , the Ohio Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], has ruled that private-college police departments are subject to Ohio’s open-records law, codified for purposes of Ohio Revised Code 149.43, [subscribers can...

Deadline Approaching for Compliance with Clery Act Changes

Every college should be reviewing guidance recently released by the Federal Student Aid (FSA) office. The guidance addresses recent and significant changes to the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act). Since every college must comply with the Clery...

Houston, We Have a Problem!

After the South Texas College of Law (defendant) announced on June 22, 2016, that it was changing its name to "Houston College of Law," the University of Houston System (UH) filed a trademark infringement suit against the defendant. On October 14, 2016, Judge Keith P. Ellison of the United...