7th Circuit Rehears Hively Case

We recently took a close look at Hively v. Ivy Tech Community College, a case where the 7th Circuit Court of Appeals extensively deconstructed the history of Title VII litigation as it pertains to sexual orientation. Ultimately, the Court found against Ms. Hively, even though it noted that it accepted and commended the EEOC’s analysis. It even noted the illogical outcome of the analysis it felt obligated by earlier precedent to apply.

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NLRB Tackles Northwestern University’s Social Media Policy for College Athletes

In an Advice Memorandum issued on September 22, 2016, the Office of the General Counsel for the National Labor Relations Board (“OGC”) found that Northwestern University’s social media policies applicable to its football players were unlawfully broad (the university modified its social media policy after a complaint had been filed with the NLRB but before […]

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Retirement Benefits for International Online Faculty: A Delicate Balance

As our economy becomes increasingly globalized, so must our educational system to keep pace with the demand for highly-qualified faculty and students. Currently, there is a significant demand for online degree programs. Private and public non-profit universities alike have started to respond to this demand by offering their own online degree programs.

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Miami University Agrees to Settle Disability Discrimination Claims by Making Broad Improvements to Accessibility of Campus Technology and Curricular Materials

On October 17, 2016, the Department of Justice announced a proposed consent decree, now pending court approval, that would resolve claims that web content and classroom technologies at Miami University in Oxford, Ohio violated the ADA.

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IRS Expands Safe Harbors for Private Management Contracts

With the recent release of Revenue Procedure 2016-44, the IRS has expanded the safe harbors under which 501(c)(3) institutions can permissively enter into management contracts with private service providers for the use and operation of the institutions’ facilities financed with tax-exempt bonds. Generally, the use or operation of a bond financed facility by a private […]

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Institutions Must Consult The Revised Campus Safety and Security Handbook When Preparing Their Annual Security Report for 2016

In June 2016, the Department of Education released the first revised version of the Handbook for Campus Safety and Security Reporting (“Handbook”) in five years. The Handbook provides institutions with direction and information necessary to comply with the requirements of the Clery Act, including the development and distribution of the Annual Security Report (“ASR”). See […]

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