While the legal focus on college athletics has been on the impending expansion of name, image, and likeness rights for NCAA student athletes, prompted in part by State and Federal legislative proposals, the Supreme Court has shifted that focus to the courts after agreeing to intercede and rule on what
Articles Discussing The Workplace In The Education Industry.
Federal Name, Image, and Likeness Options Increase With New Senate Bill Proposal
As additional states move closer to joining the five states (California, Florida, New Jersey, Colorado and Nebraska) which have already enacted legislation granting name, image and likeness (NIL) rights to student-athletes and the NCAA moves closer to its anticipated January vote NIL rights, the number of proposed federal NIL’s bills
Ivy League Announces Cancellation of Winter Sports In Continued Commitment to Student-Athlete Safety
Once again, the Ivy League has sent a loud and clear COVID-19 message to the collegiate sports community. After initially delaying the start of the winter sports schedule until January 2021, the Ivy League Counsel of Presidents has voted unanimously to cancel all intercollegiate sports until at least March, becoming
NCAA Takes Additional Steps Toward Ratification Of Name, Image, and Likeness Legislation
The NCAA has taken a further step toward the finalization of specific provisions which would allow student-athletes the opportunity to pursue endorsement opportunities for the use of their name, image and likeness. The NCAA Division I Council has approved an updated draft of proposed student-athlete name, image, and likeness rights
NAIA Grants Name, Image, Likeness Rights to Collegiate Student-Athletes
While the collegiate sports world awaits the NCAA’s final position on the issue of student-athlete name, image, and likeness (NIL) rights, another college athletic governing body has stepped forward and made the initial legislative enactment authorizing student-athletes to profit from the use of their name, image, and likeness.
The National
Bipartisan Name, Image, Likeness Bill Introduced In Congress
Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges and universities, from preventing student-athletes from participating in intercollegiate athletics as a result of entering into endorsement contracts
Senators to Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes
For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate student-athletes “in the coming months.”
Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions
Despite the ongoing changes to the workplace in response to the COVID-19 pandemic, one thing remains unchanged: federal EEO laws and their role in the workplace.
As colleges and universities and professional sports organizations make plans for the resumption of play in the next couple of months, university presidents and
Eighth Circuit Affirms in Part, Reverses in Part University’s Early Win in ERISA Fee Suit
As the circuit courts continue to define the pleading standards for fiduciary breach claims challenging investments in defined contribution plans, the Eighth Circuit affirmed in part and reversed in part a district court’s finding that a group of 403(b) plan participants failed to state such a claim. In Davis v
CDC Issues Guidance for Universities and Colleges on Safely Opening Campuses
On May 21, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued Considerations for Institutes of Higher Education, outlining recommendations and guidance on ways universities and colleges can safely open while helping to protect their students, faculty, staff, administrators, and community members. The CDC cautions that “[t]he more
As The NCAA Formulates Options, More States Opt To Use Legislation As The Solution For Name, Image and Likeness Rights
While NCAA President Mark Emmert addressed the attendees at the NCAA Convention in Anaheim, California, he acknowledged the issues currently facing the NCAA with regard to name, image and likeness compensation rights for student-athletes. Emmert stated, “2020 can’t be a year of business as usual. We’ve got to double down
Expansion of Technology at K-12 Schools Comes with Data Security Risks for Students and Parents
A new school year is upon us and some students are already back at school. Upon their return, many students may experience new technologies and equipment rolled out by their schools districts, such as online education resources, district-provided equipment, etc. to enhance the education they provide and improve district administration. However, a recent report, “The State of K-12 Cybersecurity: 2018 Year in Review,” compiles sobering information about cybersecurity at K-12 schools.
U.S. Department of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct
Executive Summary: Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial assistance. It is well-settled that sexual harassment which creates a hostile environment constitutes sex discrimination prohibited by Title IX. On September 22, 2017, the U.S. Department of Education, Office for Civil Rights (OCR), which enforces Title IX, issued a “Dear Colleague” letter and new Q&A on Campus Misconduct. The Dear Colleague letter explains that OCR’s prior letter dated April 4, 2011 and Q&A guidance dated April 29, 2014 (issued during the Obama administration) have both been withdrawn. OCR cited criticism as to the fairness of the prior guidance as part of the reason for issuing the new guidance.
Education Department Rescinds Obama-Era Guidance on Campus Sexual Assault Investigations, Issues Interim Guidance
Secretary of Education Betsy DeVos on September 22, 2017, released Title IX interim guidance, while rescinding Obama-era policies, for handling sexual assault cases on college campuses .
NAIS and TABS Release Their First Task Force Report on Addressing Educator Sexual Misconduct
On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found on the groups’ websites.1 It is a “call to action” for schools: “We ask the leaders of independent schools and their colleagues to study these recommendations in depth and apply them to assess the efficacy of their own institution’s preparation for and response to incidents of educator sexual misconduct.” Many independent schools may look to this guidance as a road map on how to keep their campuses free from abuse and harassment. Schools may want to consult an attorney before implementing new policies on employee misconduct and assault prevention and response.