Compliance in Higher Education: Six Considerations
This article first appeared in Academic Leader on February 1, 2019. © Magna Publications. All rights reserved. In the past year, compliance issues plaguing higher education touched on nearly every area of academic and social life—public space and free speech, harassment and sexual assault, academic integrity, and athletics. Universities and colleges face…
Clery’s October 1 Deadline Has Passed. What Now?
Pursuant to the Clery Act, institutions of higher education participating in Title IV programs are required to publish and distribute an Annual Security Report (and an Annual Fire Safety Report if the institution has on-campus student housing) by Oct. 1 each year. The report must include 50+ statements of policy, procedure, and programming, and statistics for certain reported crimes for the past three calendar years.
Six Practical Solutions for Racial Tensions on Campus
Almost five years ago, the Department of Education issued its “Dear Colleague” letter on Title IX and sexual violence. The letter was a not-so-subtle reminder that Title IX requires federally funded educational institutions to prevent sexual harassment and violence. After that, the day-to-day work of many higher education attorneys and student affairs professionals has never been the same.
Are similar changes on the horizon with respect to considerations of race on campus? There are several signs suggesting the answer very well may be yes, making now an opportune time to evaluate how your campus is handling these issues.
Consumer Liability 101: Six Areas to Watch, Part II
While state consumer protection laws vary, there are certain defenses to liability that are common enough—and powerful enough—that all schools should be familiar with them. These defenses are (i) preserving and protecting your educational mission; (ii) acting in accordance with regulatory requirements; and (iii) for state schools, preserving and protecting sovereign immunity.
Consumer Liability 101: 6 Areas to Watch, Part I
Students considering litigation against colleges and universities have powerful legal tools at their disposal: state consumer protection laws. These laws were designed to empower states and consumers to bring claims against companies that act unfairly or deceptively. Although the requirements of these laws vary from state to state, most allow consumers that prevail in litigation to recover not only compensatory damages but also reasonable attorneys’ fees and double or treble damages. The availability of such remedies makes it easier for consumers to find legal representation and encourages them to bring their claims to court.