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    College Policies

    What Legal Consequences Will Universities Face if They Don’t Reopen in the Fall?

    The nation’s colleges and universities were already struggling financially even before the COVID-19 pandemic hit. Now, with a sudden shift to online schooling and students no longer on campus, a difficult situation has become dire. According to Christina Paxson, President of Brown University, “A lot of [colleges] were teetering on the brink financially, and this is the kind of thing…

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    With Universities Moving to Online-Only Classes, Plagiarism Concerns Evolve

    An increasing number of universities have been offering online classes in recent years, but now due to the COVID-19 pandemic, virtual classrooms are the only classrooms.  This has become the sudden necessary reality for every university in the country. With entire student bodies now taking classes and completing tests remotely, the issue of plagiarism and academic integrity has come to…

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    Deliberate Indifference: When Universities Don’t Listen and Victims Sue, Who Is Winning and Who Is Losing?

    Title IX is a federal law that prohibits sex discrimination.Courts have consistently found that student-on-student sexual harassment is sex-based discrimination and that the university can be held responsible for it if the university remains “deliberately indifferent.” This means paying students damages if they are victimized on campus, but the University sits on its hands. However, holding a university responsible for…

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    Free Speech, Harassment, and Distance Learning

    The following is a post from Samantha K. Harris, Esq., and Michael Thad Allen, Esq. that originally appeared here on HigherEducationLaw.org Samantha Harris is a graduate of Princeton University and the University of Pennsylvania Law School. For more than 15 years, she has advised students, faculty, administrators, and attorneys on issues of free speech and due process on campus. She lectures regularly about…

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    What Happens if You’re a Faculty Member Accused of Misconduct? Can Title VII Protect You?

    Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate impact, mixed motive discrimination, and retaliation. Create a Paper Trail…

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    Title IX, Codes of Conduct May Conflict With First Amendment On Campus

      Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in an effort to encourage civility and respect. “Speech codes”…

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    What Is a Title IX Interim Measure?

    Before colleges or universities begin investigating a claim of sexual assault or other misconduct, they typically act to isolate the parties and, ideally, to protect them and the evidence during the investigation. These measures are usually called “interim measures.” Some schools call them “interim actions.” New regulations proposed by the Office for Civil Rights of the Department of Education have…

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