Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications
Higher Education Law Report
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1M ago
The Second Circuit Court of Appeals released a new decision in the case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims. Here are the key takeaways from this latest ruling: Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications ..read more
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ED Statement Clarifies Cause of Recent Borrower Defense Activity
Higher Education Law Report
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3M ago
The U.S. Department of Education (ED) released a on Nov. 8, 2023, saying that the scores of borrower defense to repayment (BDR) application notifications that institutions of higher education (IHE) have received in recent months are part of its response to the litigation. This statement confirms much of our prior understanding regarding the causes of recent BDR activity by ED, but also provides some additional insights. ED Statement Clarifies Cause of Recent Borrower Defense Activity ..read more
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Colleges and Universities Experience a Surge of Borrower Defense to Repayment Claims
Higher Education Law Report
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4M ago
Student loan borrowers with federal student loans can apply for a BDR loan discharge through the U.S. Department of Education (ED). Generally, in order to be successful, a borrower must demonstrate that they enrolled in an IHE or continued to attend an IHE based on misleading information or other related misconduct covered by the regulation, such as breach of contract.   Colleges and Universities Experience a Surge of Borrower Defense to Repayment Claims ..read more
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Departments of Education and Justice Issue Guidance with Respect to Students for Fair Admissions v. Harvard
Higher Education Law Report
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6M ago
On Aug. 14, 2023, the Office for Civil Rights of the United States Department of Education and the United States Department of Justice issued joint guidance to institutions of higher education with respect to the Supreme Court's recent decision in Departments of Education and Justice Issue Guidance with Respect to The guidance, in the form of a , clarifies the Departments’ position as to practices that are and are not permissible in the wake of the decision, and encourages institutions’ continued use of lawful means to enroll and support a diverse student body. For example: Students for Fair A ..read more
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The De-Evolution of Post-Garcetti Public Employee Speech Regulation in Higher Education
Higher Education Law Report
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7M ago
In 2006, the Supreme Court’s decision in granted public employers’ broad discretion in regulating their employees’ work-related speech. Before 2006, under the so-called Pickering Connick test, employees who were speaking as citizens about “matters of public concern” were only subject to limited restrictions when the government employer’s interest in effective workplace operations outweighed the employee’s free speech rights. The De-Evolution of Post-Garcetti Public Employee Speech Regulation in Higher Education ..read more
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November 3, 2023 Deadline for NCAA Division I DEI Self-Assessment and Attestation
Higher Education Law Report
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7M ago
As part of the NCAA’s efforts to promote diversity and gender equity in intercollegiate athletics, NCAA Bylaw 20.2.4.3 requires that all Division I athletic departments perform a diversity, equity and inclusion (DEI) assessment and file an attestation of completion of the review with the NCAA by November 3, 2023.    November 3, 2023 Deadline for NCAA Division I DEI Self-Assessment and Attestation ..read more
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BREAKING: U.S. Supreme Court Rules on Affirmative Action in Admissions 
Higher Education Law Report
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8M ago
BREAKING: U.S. Supreme Court Rules on Affirmative Action in Admissions  . The decision will have resounding impacts on institutions’ admissions processes. Our higher education attorneys are studying the decision and its implications, and we will be providing commentary and guidance soon.  ..read more
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Race in Admissions after Students for Fair Admissions, Inc. v. Harvard
Higher Education Law Report
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8M ago
On June 29, 2023, the U.S. Supreme Court issued its long-awaited decision in Race in Admissions after The Court considered the admissions practices of Harvard College and University of North Carolina (UNC) and found that neither could withstand the “strict scrutiny” demanded for race-based admissions decisions. Although nominally about these two particular admissions programs, the Court’s rationale for its ruling leaves virtually no possibility that race-based admissions practices will withstand judicial challenge. Students for Fair Admissions, Inc. v. Harvard ..read more
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CBD on Campus: Many Questions, Few Answers
Higher Education Law Report
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10M ago
Although there is clarity under federal law that colleges and universities may not permit marijuana (also known as cannabis) to be used or possessed on campus by either students or employees, there is less clarity about whether colleges and universities can, or should, permit another form of cannabis—cannabidiol (CBD)—to be used or possessed on campus. Although CBD is technically legal under federal law (and the law of many states), its legal status does not tell the whole story. CBD on Campus: Many Questions, Few Answers ..read more
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Yeshiva University Pride Alliance: Case Update
Higher Education Law Report
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1y ago
On Dec. 15, 2022, a New York appellate court unanimously affirmed a lower court’s order, entered June 24, 2022 (discussed ), which had permanently enjoined Yeshiva University (YU) from refusing to recognize the Yeshiva Pride Alliance as an official student organization. Yeshiva University Pride Alliance: Case Update ..read more
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