Blog Archives

NCAA Passes Resolution Seeking To Clarify The Role of Athletic Departments in Campus Sexual Assault Investigations

On August 08, 2014, the Executive Committee of the National Collegiate Athletic Association (“NCAA”) passed a resolution (the “Resolution”) addressing how athletic departments should handle cases of sexual misconduct involving student athletes. “The committee, composed of 20 university presidents and chancellors, passed the resolution addressing sexual violence prevention and response at a time when questions […]

English Teacher’s Blog Post Ruled As Unprotected Speech

A Pennsylvania District Court dismissed teacher Natalie Munroe’s violation of free speech claim against the Central Bucks School District. Ms. Munroe accused the School District and some administrators for violating her free speech when she was fired after her blog posts about her students went public. ​In 2011, Ms. Munroe posted about her students on her blog. Without mentioning any by name, Ms. Munroe referred […]

Title IX Compliance Seminar

In the past few months, we have reported on how sixty-eight higher education institutions throughout the nation have made it onto the U.S. Department of Education’s public list of colleges and universities that are currently under investigation for allegedly mishandling complaints of sexual assault and sexual harassment in violation of Title IX. Their names have […]

U.S Senate Proposes New Bill Aimed at Curbing Campus Sexual Assault

Last week, a bipartisan group of eight U.S. Senators unveiled legislation aimed at decreasing the number of sexual assaults occurring on college and university campuses across the nation. The proposed legislation, titled the “Campus Accountability and Safety Act,” seeks to codify much of the recent White House guidance and comes just weeks after a Senate […]

UPDATE: UConn Settles Sexual Assault Lawsuit for $1.3 Million

We recently reported that five former and current students filed a federal lawsuit against the University of Connecticut (“UConn”) alleging discrimination and that the university failed to properly investigate claims of rape and sexual misconduct in violation of Title IX, a federal law that protects students from sexual discrimination in any education program that receives […]

Appeals Courts Issue Conflicting Decisions on Legality of Subsidies under the Affordable Care Act

On July 22, 2014, the Fourth Circuit Court of Appeals and the Court of Appeals for the District of Columbia handed down conflicting decisions in the matters of King v. Burwell and Halbig v. Burwell. In both of these cases, the plaintiffs were challenging an IRS rule that allows any individual enrolled in a qualified […]

Fifth Circuit Upholds the Use of Race in Admissions at the University of Texas

For a second time, the Fifth Circuit dismissed Abigail Fisher’s claim against the University of Texas at Austin (the “University”), holding that the University’s admissions policy, including the use of race as a factor, passes the strict scrutiny standard and is permissible under the Equal Protection Clause. The case has been in various courts since […]

Christian College Expels Student After Learning of Her Same-sex Marriage

“The honeymoon phase is over” has a whole new meaning for former Southwestern Christian University student, Christian Minard. Ms. Minard married her same-sex partner in Albuquerque, New Mexico in March 2014. Although she was not expecting a congratulatory card from her Christian College, she was surprised to return from her honeymoon to a letter of […]

New York Court of Appeals Upholds Local Fracking Bans

The New York Court of Appeals, in a 5-2 decision, held that the New York State Oil, Gas and Solution Mining Law (“OGSML”) does not preempt municipal zoning authority.  The Court explained that land use regulation is among the most fundamental powers granted to municipalities and thus can be preempted only where there is a […]

The Supreme Court’s Decision in Harris v. Quinn May Change the Landscape of Labor Unions in America

On June 30, 2014, in the matter of Harris v. Quinn, the Supreme Court issued a 5-4 decision holding that the First Amendment prohibits the collection of an agency fee from home health care providers who do not wish to join or a support a union. The plaintiffs in this case were personal assistant health […]