News & Insight

Six Takeaways from Secretary DeVos’ Title IX Speech

  With Jonathan Helwink On September 7th, Secretary of Education Betsy DeVos delivered an address regarding the Department’s revised approach to Title IX enforcement.  Announcing the goal of “getting it right” on Title IX, DeVos indicated a new phase of Title IX enforcement.  Here are six key takeaways from her […]

  Sep 7, 2017  |  By    |   On Education

When the College Responds to a Crisis: Hurricane Season and Preparing for the Next Disaster

Written with Dennis Cariello. As the U.S. prepares for another hurricane later this week and as residents of Houston begin the long process of recovery, colleges and universities have found themselves in a most difficult situation.  While managing the hurricane’s effects on campus and attempting to account for all of […]

  Sep 5, 2017  |  By    |   On Education

Smart Steps to Take Now to Avoid Title IX Litigation

For those of us who are fans of Game of Thrones, we know that “Winter is Coming.”  The same can be said of federal Title IX policy:  “Change is Coming.”  But as we await further direction from the Trump Administration, change has already arrived in the surge of Title IX […]

  Sep 1, 2017  |  By    |   On Education

Confronting the Past, Preparing for the Future: Best Practices for Colleges with Controversial Statues on Campus

Written with Debbie Osgood Over the past few weeks, colleges across the country have been confronting an issue that vexes even the best academic: the past.  Colleges from Texas to North Carolina are grappling with the issue of monuments and statues that, to some, glorify a racist past in American […]

  Aug 29, 2017  |  By    |   On Education

Upholding Title IX Principles in Collegiate Athletics

Written with Debbie Osgood [1] Title IX of the Educational Amendments of 1972 prohibits sex discrimination, including sexual harassment and sexual violence, in educational institutions that receive federal financial assistance.  Complementing Title IX at the federal level are the Clery Act and the Violence Against Women Act, both of which […]

  Aug 24, 2017  |  By    |   On Education

The Uninvited Speaker On Campus: Successfully Dealing with an Increasing, and Troubling, Trend

Over the past few months, it has become more and more common for high profile racist and neo-Nazi groups to attempt to rent space for rallies and lectures on college campuses.  One of the leaders of the so-called “alt-right” movement, Richard Spencer, recently told the Houston Chronicle that he plans […]

  Aug 18, 2017  |  By    |   On Education

Managing the Speakers and the Stage: Best Practices for Free Expression on Campus

Last Friday, as a preamble to their violent marches and rallies in Charlottesville, VA, neo-Nazis descended upon the University of Virginia.  Carrying torches, around 300 individuals marched through the heart of the UVA campus and towards the Rotunda, the venerable center of the university.  While surrounding the statute of Thomas […]

  Aug 15, 2017  |  By    |   On Education

Out of Bounds? The Reach of NCAA Jurisdiction

The University of Louisville Cardinals and the University of North Carolina Tar Heels – two of the preeminent collegiate basketball programs in this country.  They have collectively appeared in thirty NCAA Tournament Final Fours, hoisting the championship trophy a total of ten times.  Yet, both programs are currently embroiled in […]

  Aug 11, 2017  |  By    |   On Education

Affirmative Action Under Review? A Reminder of a College’s Ongoing Responsibilities

Last week, The New York Times published a report suggesting that the U.S. Department of Justice would start investigating intentional race-based discrimination in university admissions. As the story evolved, it became known that the report was actually an internal job posting that did “not reflect a new policy or program […]

  Aug 11, 2017  |  By    |   On Education

Welcome to the New Higher Ed Law Blog!

Another school year is just around the corner.  Students will return to their dorms later this month.  Professors are busily putting the final touches on their syllabi and finishing off summer writing projects.  Administrators are hurriedly planning budgets, forming strategies, and seeking guidance on what may lie ahead for the […]

  Aug 11, 2017  |  By    |   On Education
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