Yeshiva University Pride Alliance: Case Update
Higher Education Law Report
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2w 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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NLRB Asserts Employment Protections for Student-Athletes and Seeks to Hold the University of Southern California, Pac-12 Conference and NCAA Liable
Higher Education Law Report
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1M ago
The National Labor Relations Board (NLRB) General Counsel has issued a complaint against the University of Southern California (USC), the Pac-12 Conference and the NCAA claiming that certain USC student-athletes are employees under the National Labor Relations Act (NLRA), and that the conference and the NCAA, along with the university, can be held jointly responsible employers for the treatment of those students under the law. This NLRB litigation portends fundamental consequences for private college and university athletic programs. NLRB Asserts Employment Protections for Student-Athletes and ..read more
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CBD on Campus: Many Questions, Few Answers
Higher Education Law Report
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3M 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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New OCR Fact Sheet Reiterates that Terminating a Pregnancy is Protected Under Title IX
Higher Education Law Report
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3M ago
The U.S. Department of Education’s Office for Civil Rights (OCR) released a “ ” on Oct. 4, 2022 reaffirming legal authority that Title IX protects both students and employees from discrimination based upon pregnancy and related conditions. While the new resource is broadly worded, the timing and presentation suggests that it is intended to signal an enforcement agenda targeted toward the protection of abortion rights for students and employees of educational institutions. New OCR Fact Sheet Reiterates that Terminating a Pregnancy is Protected Under Title IX ..read more
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Yeshiva University Pride Alliance—Update
Higher Education Law Report
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4M ago
On Sept. 14, 2022, the U.S. Supreme Court denied Yeshiva University’s application for a stay pending appeal of the permanent injunction issued by a New York State trial court in June. Accordingly, the University must now “immediately grant [ ] YU Pride Alliance the full and equal accommodations, advantages, facilities, and privileges afforded to all other student groups at Yeshiva University,” as directed by the trial court. The Supreme Court’s September 14 decision vacated the temporary stay previously granted to Yeshiva just days earlier by Justice Sotomayor ..read more
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U.S. District Court Holds that Visual Room Scan Prior to Online Exam Violates the Fourth Amendment
Higher Education Law Report
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5M ago
If you have any questions, please contact  489 U.S. 602, 619 (1989) (quoting 440 U.S. 648, 654 (1979)) Skinner v. Railway Labor Execs.' Ass'n ..read more
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Yeshiva University Pride Alliance
Higher Education Law Report
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7M ago
On June 14, the New York State Supreme Court, New York County (a trial level court in New York State), ruled that Yeshiva University (YU) and its president must “immediately grant plaintiff YU Pride Alliance the full and equal accommodations, advantages, facilities and privileges afforded to all other student groups at Yeshiva University ..read more
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Office for Civil Rights Faults College for Failing to Accommodate a Pregnant Student
Higher Education Law Report
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7M ago
A recent finding by the U.S. Department of Education, Office for Civil Rights (OCR) that a college failed to accommodate a pregnant student is a pointed reminder of the obligation of colleges and universities to fully and carefully address accommodation requests from pregnant students.  Office for Civil Rights Faults College for Failing to Accommodate a Pregnant Student ..read more
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Department of Education Releases Proposed Changes to Title IX Regulations
Higher Education Law Report
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7M ago
Announcing it as a commemoration of the 50th Anniversary of the enactment of Title IX (though anticipated for the past 18 months), the U.S. Department of Education (DOE) announced sweeping proposed amendments to the Title IX regulatory scheme that went into effect less than two years ago. Department of Education Releases Proposed Changes to Title IX Regulations ..read more
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Gov. Hochul Signs New State Law Prohibiting the Withholding of Transcripts of Students who are Indebted to the Institution
Higher Education Law Report
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9M ago
On May 4, 2022, Gov. Hochul signed into law A.06938B, which amends New York State Education Law by adding a new Article 13-C; §640, which prohibits degree-granting institutions and licensed private career schools from withholding transcripts of students who owe a debt to the institution. It is also unlawful under §640 for institutions to condition the release of a transcript upon the student’s payment of the debt. Finally, institutions may not charge a higher fee or provide less favorable treatment of a transcript request because a student owes a debt to the institution. Gov. Hochul Signs New ..read more
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