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|FTC Updates COPPA FAQs to Address Education Space|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 2, 2014, previously published on April 25, 2014The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses that provide online services, including mobile apps, to educational...
|No Good Comes From Asking Medical-Related Questions During Interviews|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
May 2, 2014, previously published on April 29, 2014Sjöstrand v. The Ohio St. Univ. (6th Cir. 4/28/14) is an ADA case, but not an employment case. It involves a graduate school applicant claiming that OSU denied her admission because of her Crohn’s disease. In support of her claim, Sjöstrand pointed to her admission interview, during...
|Top Five Compliance Questions in McCaskill Campus Rape and Sexual Assault Survey to Colleges and Universities|
Anne D. Cartwright; Husch Blackwell LLP;
April 30, 2014, previously published on April 24, 2014Recently, Sen. Claire McCaskill (D-Mo.) announced a survey of 350 colleges and universities nationwide to examine how these institutions handle rapes and sexual assaults on campus. This effort reflects a swell of government, media, and student attention to this important issue and to the challenges...
|The Looming Financial Crisis for Colleges and Universities|
McDonald Hopkins LLC;
April 30, 2014, previously published on April 25, 2014Although the economic recovery is now five years old, the liquidity at many, if not most, colleges and universities has deteriorated and is now in the early stages of what could well become a crisis. The U.S. higher education system is the basis of our historical economic success and, while many of...
|College Football Players as University Employees: What are the Implications?|
Michael R. Blum; Foster, Swift, Collins & Smith, P.C.;
April 30, 2014, previously published on April 15, 2014The debate about whether or not student athletes should be compensated financially has been waged for decades. Colleges and universities make millions of dollars each year in athletic revenue, while athletes are entitled to receive athletic scholarships for their efforts. Many athletes, so called...
|Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education|
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
April 29, 2014, previously published on April 23, 2014On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend Affirmative Action, began as an opportunity to reconsider race-conscious...
|U.S. Supreme Court Upholds Michigan Constitutional Amendment Prohibiting Use of Race-Based Preferences in State University Admissions Decisions|
Suheily Natal; Ford & Harrison LLP;
April 29, 2014, previously published on April 25, 2014Executive Summary: The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences as part of the admissions process for all state universities. See Schuette v. Coalition to Defend Affirmative Action (BAMN), 2014 U.S. LEXIS 2932 (U.S....
|NLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees|
C. Thomas Davis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 29, 2014, previously published on April 24, 2014Late this afternoon, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s grant-in-aid scholarship football players. Northwestern is...
|Municipal Bond Market Absorbs Puerto Rico Supreme Court’s Decision that Teacher Pension Reform Legislation is Unconstitutional Contract Impairment|
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 28, 2014, previously published on April 15, 2014The latest swerve in the rollercoaster that is Puerto Rico public finance occurred on April 11 with the release of the Puerto Rico Supreme Court’s ruling striking down as unconstitutional the bulk of the territory’s teacher pension reform legislation. The outcome of the case creates...
|Iowa Supreme Court Reverses High School Coach’s Conviction for Sexual Exploitation|
Ryan G. Koopmans; Nyemaster Goode, P.C.;
April 25, 2014, previously published on April 14, 2014It’s a crime in Iowa for a “school employee”-defined as “an administrator, teacher, or other licensed professional”-to have sexual contact with a student. On Friday, the Iowa Supreme Court ruled that a high school basketball coach who holds a coaching authorization,...