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|E.M. v. Pajaro Valley USD|
Rutan Tucker LLP;
August 1, 2014, previously published on July 2014On July 15, 2014, the United States Court of Appeals for the Ninth Circuit issued its most recent opinion regarding the Individuals with Disabilities Education Act of 2004 (“IDEA”): E.M. v. Pajaro Valley USD. The appellate court upheld the district court’s judgment in favor of...
|New Government Releases Relating to Institutional Responsibilities for Campus Safety and Security|
Joseph W. Cornelison; Husch Blackwell LLP;
July 24, 2014, previously published on July 22, 2014The U.S. Department of Education recently released a Dear Colleague Letter (DCL) providing some additional guidance regarding institutions’ responsibilities to implement changes to the Clery Act made by the Violence Against Women Reauthorization Act of 2013 (VAWA). Also, Sen. Claire McCaskill...
|New York's Non-Profit Revitalization Act of 2013 Changes the Governance of Private Colleges, Universities and Schools|
Pamela A. Madeiros, Stephen A. Mendelsohn, Laura S. Norman; Greenberg Traurig, LLP;
July 23, 2014, previously published on July 18, 2014Effective July 1, 2014, New York’s Non-Profit Revitalization Act, (the Act) fundamentally changes the governance of non-profit private colleges, universities and schools and other charitable organizations. New York, which labored under cumbersome and antiquated regulatory statutes, has...
|Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations|
Jim Rourke; Nexsen Pruet, LLC;
July 22, 2014, previously published on July 9, 2014Last Thursday, while many of us were preparing for the long weekend ahead, the U.S. Supreme Court was hard at work, issuing an order that may have far-reaching implications for religious nonprofit organizations.
|Eighth Circuit: Political Discrimination Case Against Iowa Law School Must Be Retried|
Ryan G. Koopmans, Ryan W. Leemkuil; Nyemaster Goode, P.C.;
July 19, 2014, previously published on July 15, 2014The political discrimination lawsuit against former Iowa law school dean Carolyn Jones is being sent back down for retrial. The Eighth Circuit Court of Appeals ruled today that when the federal magistrate declared a mistrial because the jury was deadlocked, he could not recall the jury some two...
|Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect|
Anessa Abrams, B. Patrice Clair, Gary L. Lieber; Ford & Harrison LLP;
July 18, 2014, previously published on July 17, 2014Executive Summary: A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding that the plaintiff's counsel's...
|If I Can "Like" It, It Ain't Confidential!!!|
Jason A. Cohen; Borton Petrini, LLP;
July 16, 2014, previously published on Summer 2014"Loose lips sink ships," the old adage goes. A modern version, in the context of today's ubiquitous social media (i.e., Facebook, LinkedIn, etc.), might state, "Posts that boast, cost the most." At least the Third District Court of Appeal in the state of Florida feels so. The...
|Supreme Court Decisions Impact Higher Education|
Ben Irwin; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014In recent weeks, the U.S. Supreme Court issued several key decisions that have - or may have in the future - implications for institutions of higher education. These rulings focused on the protection of digital information on cellphones, the Affordable Care Act’s contraceptive mandate, the...
|Who Got It Right?|
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
July 15, 2014, previously published on July 14, 2014Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf woman to earn a Ph.D. from Gallaudet, which was founded to...
|Chiropractic School Must Provide Blind Student a "Sighted Assistant" to Interpret X-Rays|
Ryan W. Leemkuil; Nyemaster Goode, P.C.;
July 14, 2014, previously published on July 1, 2014Aaron Cannon has been blind since birth. He enrolled at Palmer College of Chiropractic in 2004, despite warnings from a school representative that Cannon’s blindness would make it difficult, if not impossible, for him to meet the Palmer’s technical standards, which require...