News & Insight

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. […]

  Apr 6, 2018  |  By    |   On Data Privacy and Protection

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 […]

  Mar 29, 2018  |  By    |   On Education

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.  

  Mar 18, 2018  |  By    |   On Firm News

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.

  Mar 5, 2018  |  By    |   On Education

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?

  Feb 19, 2018  |  By    |   On Education

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.

  Feb 9, 2018  |  By    |   On Education

Protection and Disclosure of Decedent’s PHI — Recent changes to HIPAA privacy rules to allow less stringent policies in protecting privacy of deceased individual’s information

  Jan 26, 2018  |  By    |   On Data Privacy and Protection

Risk Assessment – Practical commentary on conducting a risk assessment under HIPAA’s Breach Notification Rule.

  Jan 26, 2018  |  By    |   On Data Privacy and Protection

A Faculty’s Right to Teach: Does Academic Freedom Protect a Teacher’s Techniques in the Classroom?

The story of the UPenn grad student, her twitter account, and her teaching techniques started like many of these stories.  The snowball started to roll when The Daily Caller, a popular conservative news site, ran a story entitled: “Ivy League Teaching Assistant Says She Calls on Black Women First, White […]

  Oct 30, 2017  |  By    |   On Education

Mergers Ahead for the University of Wisconsin System: Do Declining Enrollments and Shifting Demographics Mean Big Changes for UWisc??

Across the nation, college admission boards and administrations are beginning to plan ahead for a, potentially, major crisis on the horizon.  Between 2011 and 2016, college enrollment dropped by 8%.  The declines were concentrated mostly in community colleges and for-profit schools, however, public institutions saw declines as well.  Explanations for […]

  Oct 24, 2017  |  By    |   On Education
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