Yearly Archives: 2018
Cashing In On Collegiate Sports?
On Monday, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”) in the case of Murphy, Governor of New Jersey, et. al. v. National Collegiate Athletic Assn, et. al. For more than 25 years, PASPA had prohibited all but a handful of grandfathered states from […]
“In the Name of Hate: Examining the Federal Government’s Role in Preventing Hate Crimes”
Debbie Osgood, partner at HMBR, will be speaking as a panelist before the U.S. Commissions on Civil Rights, May 11th, 2018. Debbie will be discussing harassment in education and OCR’s role in addressing harassment. To watch the USCCR session on hate crimes, click here. To read Debbie’s address to the […]
Reclaiming the Amateurism Foundations of College Basketball
Earlier this week, the independent Commission on College Basketball (“Commission”) released its 60-page report containing far-reaching recommendations in furtherance of the sport. The twelve-member Commission, headed by former US Secretary of State Condoleezza Rice, was formed in the aftermath of last year’s FBI investigation into corruption and fraud in college […]
Debbie Osgood Quoted in New York Times on Changes to OCR’s Case Processing Procedures
Debbie Osgood, partner at HMBR, has been quoted in the New York Times April 21, 2018 issue discussing the changes to the Office for Civil Rights case processing procedures. Click here to read the full article.
GDPR and Higher Education in the US: An Overview
Welcome to the first in HMBR’s series of FAQ’s developed to inform colleges and universities in the United States (US) about the GDPR and how various activities may bring them under the jurisdiction of European Union (EU) data protection authorities, even when they have no established presence in the EU. […]
The Return of In Loco Parentis?
In loco parentis (Latin for “in the place of a parent”) is a phrase that refers to the legal responsibility of an individual or organization to assume some of the functions and responsibilities of the parent. In higher education, this doctrine was very much alive and well, and […]
Debbie Osgood discusses Title IX issues on Matter of Fact with Soledad O’Brien
Debbie Osgood, partner at HMBR, appears on the March 18, 2018 airing of Matter of Fact with Soledad O’Brien. Debbie discusses balancing the need to encourage victims of sexual assault to come forward while protecting due process for the accused.
Taking Stock of the Key Changes to OCR’s New Case Processing Manual
The U.S. Department of Education, Office for Civil Rights (OCR) has unveiled its newly-revamped Case Processing Manual. (Find the Manual here.) The procedural changes in the new Manual are critically important for complainants and recipients, including colleges and universities, involved in OCR’s complaint process. The Manual, which takes effect today, will govern how OCR investigates and resolves discrimination complaints going forward.
New Resource: 2017 Respondent Litigation Summary Chart
HMBR is regularly invited to discuss the latest Title IX trends at training, sessions, and workshops with Title IX administrators and higher education leaders. We are often asked: What are the courts doing in student respondent litigation? What steps can we take to lessen our risks in this area?
OCR Snapshot – Greater Transparency: OCR Publishes Online List of All Open Cases
The website for the U.S. Department of Education, Office for Civil Rights (OCR), now includes a complete list of all open cases under investigation at OCR. Unlike the widely-cited “Title IX Tracker,” which includes open OCR sexual violence cases at colleges and universities, OCR’s new list includes: all schools and all of the civil rights laws enforced by OCR. This means that the list includes cases open against colleges, universities, and elementary and secondary school districts and that the issues include alleged discrimination on the basis of sex, race, national origin, color, disability, or age, and under the Boy Scouts of America Equal Access Act.