The U.S. Department of Education’s Office for Civil Rights (OCR) announced that it has entered into a resolution agreement with Princeton University to ensure compliance with Title IX. The action follows an OCR investigation that found that Princeton was in violation of Title IX for failing to promptly and equitably respond to complaints of sexual misconduct, for failing to end a sexually hostile environment for one student, and for instituting […]

The Department of Education released a Dear Colleague Letter on the implications of laws and regulations that limit the courses that may be offered by a foreign institution as part of an eligible program for students receiving Direct Loan funds. The letter emphasizes that offering ineligible courses makes the program ineligible for Title IV funds, but notes that a foreign institution may remain eligible by offering two versions of a […]

In 2011, the Governor signed into law PA 152 of 2011, known as the Publicly Funded Health Insurance Contributions Act, which caps the amount of money public employers, such as colleges, cities, townships and villages can pay towards employee health care. The law provides employers with two options for cost sharing. The default option is a monetary “hard” cap based on an employee’s marital and family status. Employees would be […]

On January 9, 2015, the U.S. Department of Education issued a Dear Colleague Letter providing guidance to institutions that contract with third-party servicers to administer any aspect of the institution’s participation in Title IV student services programs. Title IV of the Higher Education Act and related regulations require these institutions to report the names of any individual or entity that performs for, or on behalf of, the institution any of […]

Title IX of the Education Amendments of 1972 (Title IX) and the U.S. Department of Education implemented regulations that prohibit discrimination on the basis of gender in federally assisted education programs and activities. Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of a college, whether they take place in the facilities of the college or at a class or training program […]

A Federal Appeals Court ruled that an artist’s use of the University of Alabama’s trademark within his paintings was protected by the U.S. Constitution First Amendment Free Speech Clause. In litigation that cost the University of Alabama an estimated $1.4 million in legal fees, the University claimed the artist’s depictions of Alabama Crimson Tide football team violated the University trademark rights. The Federal Appeals Court disagreed noting that the depiction […]

By taking proactive steps to anticipate legal issues on campus, college administrators can manage risk in the area of student affairs.  Anticipating legal issues can be done in a couple ways. Firstly, many colleges belong to associations that provide updates regarding the status of pending legislation.  Typically these updates are provided to the college’s liaison to the association.  Administrators should seek out these updates as well.  By doing so, administrators […]

Michigan’s Child Protection Law requires certain individuals, called mandated reporters, to report child abuse and neglect.   Mandated reporters are professionals who, in the ordinary course of their work and because they have regular contact with children, are required to report when abuse has been observed or suspected or when there has been evidence of neglect.  Examples of mandated reporters include nurses, physicians, licensed bachelor’s/master’s social workers, dentists, school administrators, school […]

Universities and colleges, although institutions of higher learning, must be prepared to navigate the complicated world of intellectual property, including dealing with their own trademark. A trademark is a name or symbol which identifies a product, service or institution to the general public. Trademarks, while intangible, are considered property, and the rights associated with trademarks are protected by Federal, State and common law. Generally, the first party to use a […]

Patrick Sturdy, an attorney in our Livonia office, has been appointed as the National Legal Counsel of the Ancient Order of Hibernians (AOH). Mr. Sturdy has been with the Firm since 2000 and concentrates his practice on corporate and business law, labor and employment, education law and franchise law. The AOH is America’s oldest Irish Catholic Fraternal Organization founded concurrently in the coal-mining region of Pennsylvania and New York City […]