The 6th Circuit recently held that in conducting Title IX investigations, colleges and universities must provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on witness credibility.
On July 31, 2018, a New York federal court issued an opinion in favor of NYU, in the first case to reach trial concerning ERISA challenges to fees and investment lineups in school retirement plans.
On April 12, 2018, the United States Department of Labor issued three opinion letters and a new fact sheet providing guidance on various wage and hour issues.
A recent 6th Circuit decision provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.
There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a national priority.
On September 22, 2017, the U.S. Department of Education rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.
On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools.
Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint.
In two recent cases, the NLRB distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious instruction were exempt from NLRA coverage.
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