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 […]

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 […]

Patrick Sturdy, an attorney in our Livonia office, was recently elected the Michigan State President for the Ancient Order of Hibernians (AOH).  The AOH is a Catholic, Irish American Fraternal Organization that was formed in 1836 to protect the Clergy and immigrants from anti-Irish sentiment.  Today, the AOH continues to protect the Clergy, but also promotes social welfare through charitable activities.  Mr. Sturdy also serves as Deputy National Council of […]