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Home > Federal Law Articles > Human Resources > HR - Education Industry

Articles Discussing The Workplace In The Education Industry.

Supreme Court Grants Certiorari To Consider NCAA’s Request To Review Ninth Circuit Anti-Trust Ruling

Posted: December 17, 2020 | Jackson Lewis Category: HR - Education Industry

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

Federal Name, Image, and Likeness Options Increase With New Senate Bill Proposal

Posted: December 11, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: November 13, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: October 16, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: October 9, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: September 25, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: August 14, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: June 29, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: June 8, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: June 1, 2020 | Ogletree Deakins Category: HR - COVID, Coronavirus, HR - Education Industry

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

Posted: March 30, 2020 | Jackson Lewis Category: HR - Education Industry

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

Posted: August 25, 2019 | Jackson Lewis Category: HR - Education Industry

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

Posted: November 2, 2017 | Ford Harrison Category: HR - Education Industry

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

Posted: September 24, 2017 | Jackson Lewis Category: HR - Education Industry

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

Posted: August 27, 2017 | Littler Category: HR - Education Industry

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.

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