Court Finds Computer Use Policy May Violate First Amendment

The United States District Court for the Northern District of Illinois recently decided that a university’s Computer Usage Policy may violate professors’ First Amendment right to free speech.  Objecting to a faculty-created blog that was often critical of university administration, Chicago State University sent a cease-and-desist letter to a faculty member, claiming that the blog lacked […]

Court Refuses to Adopt View That Member of a Protected Class Cannot Discriminate Against Other Members of That Class

In an opinion issued on August 22, a federal judge in Washington, D.C., reiterated that a member of a protected class can, in fact, discriminate against members of that class.  In Moore v. Howard University, a former security guard alleged that the university terminated his employment because of his race.  The university sought to dismiss […]

Federal Court Denies Bid to Dismiss Hostile Education Environment Claim Where Student Was Unaware of Remedial Measures Taken

In the recent case of Doe v. University of North Texas Board of Regents, the United States District Court for the Eastern District of Texas denied the University’s motion for summary judgment on a claim of hostile education environment harassment.  The student, Doe, had reported a sexual assault by a former adjunct professor who also […]

DOE Launches New Website for Student Privacy Resources

The U.S. Department of Education’s Privacy Technical Assistance Center (PTAC) and Office of the Chief Privacy Officer (OCPO) have launched a new website to provide resources concerning best practices and technical assistance for institutions navigating their obligations under the Family Educational Rights and Privacy Act (FERPA) and other student privacy matters, including data security.  The new […]

Federal Court Allows FLSA Claim for Salaried Employee to Proceed

In a recent decision, the United States District Court for the Western District of New York denied a college’s motion to dismiss an employee’s claim for unpaid overtime hours under the Fair Labor Standards Act (“FLSA”). Richard Edelmann worked at Keuka College as a Senior Technical Support Technician. When he was hired, the College offered […]

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 […]

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 […]