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|What Every College and University Board Member Should Know About Their Business Officers|
Stephen M. Gross; McDonald Hopkins LLC;
November 11, 2014, previously published on November 7, 2014Consider this: colleges and universities are confronting declining enrollments and escalating costs while national student debt is staggering and many are questioning whether college is worth it. Are college and university board members appropriately engaged in this potential industry crisis? They...
|The 8th Circuit Opens the Door to Partial Discharge of Student Loans and Upends the Totality of Circumstances Test|
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
November 3, 2014, previously published on October 28, 2014Most student loans are nondischargeable in bankruptcy unless a student can show that repayment of the loans will cause the student an "undue hardship". Undue hardship is not defined in the statute, so courts have developed criteria to determine whether an undue hardship exists. Most...
|Managing Social Media-Issues Consistent With The Law|
Sally F. Barron; Fisher & Phillips LLP;
October 23, 2014, previously published on October 1, 2014In this age of electronic communication, social media has added another dimension to the array of issues schools must address in order to maintain the integrity of the learning environment while also preserving the rights of students and employees. The courts are faced with numerous lawsuits...
|FPPC Goes on Offense to Identify and Fine Gift Reporting Failures|
Gary William Schons; Best Best & Krieger LLP;
October 23, 2014, previously published on October 20, 2014The Fair Political Practices Commission has initiated a proactive approach to auditing and investigating gift reporting failures by government officials, focused on local government entities (most prevalently school districts). This project has resulted in scores of officials being fined and...
|College and University ‘Financial Services’ and the U.S. Consumer Watchdog|
Anne D. Cartwright, Meghan A. Kloth; Husch Blackwell LLP;
October 23, 2014, previously published on October 3, 2014The reach of the Consumer Financial Protection Bureau, the nation’s top consumer watchdog, extends beyond well-publicized lawsuits claiming deceptive practices by a handful of for-profit schools. Recent actions by the CFPB, along with Congress and state legislatures, are highlighting the role...
|The New "Bad Reality" of the Old Asbestos|
Brayton Purcell LLP;
October 20, 2014, previously published on October 14, 2014We all live with asbestos every day. Luckily, for most of us, the deadly fibers of the ubiquitous mineral are usually encapsulated within some material. Unluckily for a growing number of us, that material is aging.
|Surprising Reinstatement Decision of the Human Rights Tribunal Upheld|
Geoffrey Breen; Cassels Brock & Blackwell LLP;
October 20, 2014, previously published on October 10, 2014You may recall that last year, the Ontario Human Rights Tribunal (“the Tribunal”) raised the eyebrows of employers when it ordered that a terminated employee be reinstated to her position with full seniority almost a decade after she had left the workplace. In Fair v. Hamilton-Wentworth...
|Asbestos Removal Occurred While Children Were In Schools|
Brayton Purcell LLP;
October 19, 2014, previously published on October 7, 2014In the U.S., in many communities, you can find a great variety of building styles and ages. In California, however, there tend to be fewer older building than in some eastern states.
|Title IX And Sexual Assault On Campus|
Daniel C. Perkins; Fisher & Phillips LLP;
October 14, 2014, previously published on October 1, 2014In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to hold educational institutions accountable when they fall short in addressing...
|Pendency (A.K.A. “Stay Put”): An Important Right of Special Education Students|
Lynn M. Brown; Meyer, Suozzi, English & Klein, P.C.;
October 10, 2014, previously published on October 3, 2014One of a special educaon student’s most important rights is that of pendency (a.k.a. “stay put”), which permits a student to stay in his last agreed- upon placement and/or continue to receive the last agreed-upon services while any challenge to a proposed Individualized Educaon...