As higher education institutions increasingly outsource external trademark licensing to third party servicers, colleges and universities should remain diligent when internally licensing their trademarks with student groups and departments in order to maintain the value of the institution’s trademark within the institution. Because of this, having strong policies and procedures in place is essential. Continue Reading Six Top Tips for Your Internal Trademark Licensing Policies
An institution may have off campus property that meets the geographical definition for “noncampus buildings or property” while at the same time meeting the Clery definition of “separate campus.” If that is the case, the property should be classified as a separate campus, which carries with it significant Clery compliance obligations. Continue Reading Be Careful! Your Noncampus Property May Actually Be a Separate Campus (Clery Blog Series #6*)
Under the Clery Act, institutions must disclose crime statistics reported to have occurred on their Clery geography. The U.S. Department of Education (ED) included guidance in the 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) that indicates that hotels where your students stay while participating in the institution’s program and activities should be included in the noncampus buildings or property geographical category in some circumstances. Continue Reading Are You Including Student Overnight Trips in Your Clery Geography? You Might Need To (Clery Blog Series #5*)
Last month, the College Athletes Players Association (CAPA), led by Executive Director Ramogi Huma, unveiled the College Athletic Protection (CAP) Agreement at a National Basketball Players Association’s camp held at the University of Virginia for the nation’s top 100 rising high school senior basketball players. CAPA and Huma previously led unsuccessful attempts for student-athlete unionization. The agreement would be the first-ever legally binding contract between a prospective college athlete and the university an athlete ultimately elects to attend. Continue Reading Elevated Scholarship Bargaining Power for Student-Athletes on the Horizon for Collegiate Athletic Departments
The Clery Act requires institutions to disclose certain crime statistics that occur on its Clery geography in its Annual Security Report and to the U.S. Department of Education (ED) each year. The crimes to be disclosed are as follows: Continue Reading You May Not Need to Disclose All Clery Crimes Occurring on Your Clery Geography (Clery Blog Series #4*)
Under the Clery Act, institutions must disclose crime statistics reported on their Clery geography, which includes on-campus property, on-campus student housing facilities (if applicable), noncampus buildings or property, and public property. Whether the property at issue is “reasonably contiguous” to the campus can be the determinative factor when choosing between an on-campus property designation or a noncampus building or property designation. The 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) provides new and additional information about what it means for a piece of property to be “reasonably contiguous” to the campus with its discussion of the “one-mile rule.”
Continue Reading Clery’s “One-Mile Rule” – What is it? Why does it matter? (Clery Blog Series #3*)
There are several approaches the U.S. Department of Education (ED) utilizes to evaluate an institution’s compliance with the Clery Act, including program reviews and “spot check” assessments.
Commonly, an institution’s Clery compliance is evaluated as part of Continue Reading ED Uses Multi-pronged Approach to Checking Your Clery Compliance (Clery Blog Series #2*)
In agreeing to review two rulings by the 4th Circuit Court of Appeals and 9th Circuit Court of Appeals on President’s Trump’s March 6, 2017, Executive Order, the Supreme Court reinstated certain provisions of the Executive Order that the lower courts had blocked. The March 6th Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” was to suspend visa issuance for individuals from six countries, including Libya, Iran, Somalia, Sudan, Syria, and Yemen for 90 days. This provision, often referred to as the “travel ban,” effectively prohibits travel to the United States for individuals from the six affected countries. Continue Reading Supreme Court Allows Major Provisions of Travel Ban to Go Into Effect
School’s out for summer, giving many 2017 high school graduates two and a half months of eager anticipation of their first year of higher education. But many foster youth lacking the financial support or resources to make a college degree obtainable won’t get that opportunity. A majority of states are calling on their—public and, sometimes, private—institutions of higher education to help change that. Continue Reading States tag colleges and universities to support foster youth
In Salazar v. South Antonio Independent School District, the U.S. Court of Appeals for the Fifth Circuit held that an educational institution can be liable under Title IX for sexual misconduct committed by its employees, but only when an employee with power to correct the misconduct—other than the wrongdoer himself—is aware of the misconduct and is deliberately indifferent to it. Although the student plaintiff in the case argued an institution could be liable based on a principal’s deliberate indifference to his own misconduct, the court rejected this result as inconsistent with Title IX. The court held: “We discern no congressional intent in Title IX to provide a private cause of action for damages when the only employee or representative of [an institution] who had knowledge of the [misconduct] was the offender.” The court’s ruling ensures that an educational institution—including a college or university—will not be liable under Title IX someone other than the wrongdoer at the institution is aware of misconduct and the institution has a fair opportunity to respond to it, but nonetheless remains deliberately indifferent.
The facts of Salazar are tragic. Continue Reading Title IX Liability Where Only the Wrongdoer Knows of Misconduct?