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 […]

A high school secretary is charged with statutory rape of a student. Another teacher is found with a student in his motel room. A middle school teacher is convicted of molesting three students. What is happening in our schools? How can school districts protect students, as well as prevent false claims and civil lawsuits? In California, a school district can be found liable for sexual abuse committed by an employee […]

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 […]

Community college employees may be entitled to immunity from liability in the event their actions result in injury to an employee or student. However, immunity does not apply in all circumstances. Community college employees, as public employees, may be held individually liable in some circumstances where private sector employees are not. Accordingly, it is important that employees take steps to avoid being held individually liable. A community college employee’s first step in avoiding […]