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|Update: Access Copyright Takes Action Against York University And The Ministries Of Education|
Brandon Evenson; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014In April 2013, Access Copyright commenced legal proceedings against the provincial Ministries of Education (including Ontario school boards) and York University for refusing to pay tariff royalties. Access sued York University in the Federal Court, and filed an application with the Copyright Board...
|Human Rights Tribunal Rules That School Board Denied Student Meaningful Access To Education|
Stephanie Young; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014In a decision released on August 21, 2013, the Human Rights Tribunal of Ontario (the “HRTO”) granted an application filed by the mother of an elementary school student who claimed her son experienced discrimination contrary to the HumanRights Code (the “Code”).
|On-Site Health Clinics: Does A Private School Have Access To Its Students’ Health Records?|
Cynthia (Cindy) Clarke, John M. McIntyre; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014Schools and school administrators are very experienced in managing confidential information about their students. School administrators maintain a variety of records concerning their students, from academic performance to behavioural conduct. As more private schools begin to provide students with...
|Higher Education Alert: Are Unions Targeting Adjunct Faculty?|
Erin Cornell Horton; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 12, 2014, previously published on February 10, 2014Adjunct faculty members are taking collective action in record numbers. Over the past year, higher education has seen unionization campaigns at universities in major metropolitan areas, including at Tufts University, Bentley University, Lesley University, Northeastern University, Georgetown...
|State Of The Union - What Are The Ramifications Of Northwestern University Football Players Seeking Union Recognition?|
Tyrone P. Thomas; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 11, 2014, previously published on February 4, 2014Members of the Northwestern University football team have signed a petition with the National Labor Relations Board seeking recognition as a collective bargaining unit. While the issue of union organizing by student-athletes has been championed by entities such as All Players United, this effort is...
|Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
February 11, 2014, previously published on February 7, 2014A school district classified management employee sought to overturn his dismissal from employment, which he alleged was in retaliation for engaging in protected speech. A California court of appeal held that, given the evidence of the employee’s insubordination, misuse of the school...
|Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects|
Sophie A. Akins; Best Best & Krieger LLP;
February 10, 2014, previously published on January 31, 2014Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition 39, the California Clean Energy Jobs Act (Act). Funds for the Act are...
|Private Sector Schools and Third-Party Student Recruitment under FTC and CFPB Scrutiny|
Jonathan L. Pompan; Venable LLP;
February 7, 2014, previously published on February 2014The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are intensifying their regulatory and enforcement focus on proprietary schools and third-party marketing companies.
|Further Education Colleges - VAT|
Withers Bergman LLP/Withers LLP;
February 6, 2014, previously published on January 29, 2014The First-tier Tribunal has decided that certain students of further education colleges are treated as receiving their tuition 'free of charge', and thus not giving rise to a business activity. The point is important, since it could mean that the scale of business activities of such colleges is...
|US Department of Education Levies More Fines for Clery Act Violations|
Rebecca Lacher, Pedro A. Ramos; Schnader Harrison Segal & Lewis LLP;
February 5, 2014, previously published on January 2014President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address compliance issues.” The newly established White House...