Online Certification of Necessity for Emotional Support Animals

Under the Fair Housing Act (FHA), institutions are required to allow students to keep untrained emotional support or therapy animals in their dwelling unit as a reasonable accommodation if: (1) the student has a disability; (2) the animal is necessary to afford the student with a disability an equal opportunity to use and enjoy the dwelling and; (3) there is an identifiable nexus between the disability and the assistance the animal provides.

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NLRB General Counsel Issues Memorandum on Rights of Faculty and Students

On January 31, 2017, the Office of the General Counsel of the National Labor Relations Board (“OGC”) issued a memorandum describing its position on the rights of certain individual faculty members and students under the National Labor Relations Act. Drawing on three recent cases decided on union representation issues (Pacific Lutheran University, Columbia University, and Northwestern […]

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Leaked Draft Executive Order Calls for More Monitoring of Foreign Students and More Hurdles to Obtain Post-Graduate Jobs

In the midst of all the coverage surrounding the “Travel Ban,” it is easy to forget that there are more immigration-related executive orders on the way which will also impact our nation’s colleges and universities. Hidden in one leaked draft order, entitled “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of […]

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Response to Discriminatory Conduct is Critical to Avoiding Punitive Damages

In Gyulakian v. Lexus of Watertown, the Massachusetts Supreme Judicial Court (“SJC”) made clear that a plaintiff’s entitlement to an award of punitive damages under the Massachusetts Fair Employment Practices Act, M.G.L. 151B will be determined by his or her employer’s response after being placed on notice of the alleged discriminatory conduct, even where the […]

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Ohio Appellate Court Revives College Football Concussion Suit – More to Follow?

On December 8, 2016, the Eighth District Court of Appeals of Ohio ruled that the widow of a former college football player can proceed in her suit against the University of Notre Dame (“Notre Dame”) and the NCAA for failure to warn of debilitating long-term dangers of repeated concussions.

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Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed to follow through on its contractual promises to provide him and his wife with lifetime pay and benefits.

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Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual harassment complaint against him, in violation of Title IX and his due process rights. The U.S. District Court for the […]

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