On December 19, 2016 the Justice Department announced a Settlement Agreement with Princeton University to resolve a compliance review of Princeton’s policies, procedures and practices related to requests for reasonable modifications, withdrawals and leaves of absence by students with disabilities. The compliance review apparently was triggered by a student’s complaint filed in Federal District Court (but unrelated to the Settlement Agreement) alleging discrimination on the basis of disability by Princeton’s imposition of a mandatory leave following the student’s attempted suicide and alleged denials of requested accommodations related to that incident. The resolution of the compliance review emphasizes the university’s obligation under Title III of the ADA to make reasonable modifications in its policies, practices or procedures when the modifications are necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless such modifications would fundamentally alter the nature of the program. The resolution also details specific changes to the published policies and procedures describing the scope of reasonable accommodations available to students with disabilities and the procedures to request modifications of policies, practices and procedures.
In the weeks since Donald Trump won the presidential election there has been considerable discussion and speculation about the future of the 2011 Dear Colleague letter and subsequent guidance documents issued by the Department of Education’s Office for Civil Rights (“OCR”) interpreting the scope of Title IX and the obligations of Institutions with respect to […]
May a college or university stream a video on a school website? It seems like a simple question, but the answer can involve whether the video, or any background music in the video, is subject to copyright protection, if streaming the video is part of teaching activities, or if the video being streamed is part […]
Very soon after the announcement that Donald Trump had won the presidential election, a number of college campuses were abuzz with protest activity. While most of the response was peaceful, some of it was confrontational, leaving school administrators the task of making difficult decisions about how to manage protests.
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. […]
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 […]