Hot Topics Archive
Compliance With New 403(b) Regulations
May 1, 2008
The IRS has issued comprehensive regulations governing 403(b) retirement plans. The most important implication is that responsibility for compliance will now be focused on the employer and not on the individual employee possessing the plan.
Preparing for E-Discovery
February 22, 2008
Electronically stored information is now more than fair game for litigation discovery requests. Preparing for e-discovery requires coordination between various offices on the university campus, including counsel’s office, the IT department, and faculty and staff members.
Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS)
January 18, 2008
If a university possesses any of 325 Chemicals of Interest identified by the Department of Homeland Security, it must complete a consequence assessment questionnaire or face stiff penalties.
FERPA and Campus Safety
August 6, 2007
Concerns about the ability to communicate critical information in an emergency are, in large part, the result of misunderstandings about FERPA.
The HIPAA Security Rule: Safeguarding Electronic Protected Health Information
June 13, 2007
Prior to using or disclosing health information, colleges and universities need to assess whether and what aspects of their institution are covered by the HIPAA Security Rule.
OFCCP "Internet Applicant" Data Collection and Recordkeeping Rule
February 6, 2007
This rule establishes when you must solicit race, ethnicity, and gender data, and under what circumstances you must maintain records for individuals who express interest in positions via the Internet and other electronic means.
The Pension Act of 2006
December 19, 2006
This legislation directly impacts colleges and universities in two principal respects: it provides charitable giving incentives and it implements a number of significant changes designed to effectuate charitable reform.
The Current Status of the Solomon Amendment
August 31, 2006
In March 2006, the U.S. Supreme Court ruled in Rumsfeld v. Forum for Academic and Institutional Rights that the Solomon Amendment is constitutional. Read the in-depth analysis of the Supreme Court's decision.
Non-Solicitation Rules and Union Organizing Under the National Labor Relations Act
June 22, 2006
Despite the national decline in union membership, labor organizations remain very active in higher education. Offered here are suggestions for addressing union organizing at colleges and universities.
Campus Computer Security Breaches: Compliance with State Notification Statutes
May 10, 2006
One-half of all reported security breaches since February 2005 have occurred at colleges and universities. This article addresses the implications of security breach notification laws for colleges and universities.
Student Criminal Background Checks
March 10, 2006
Determining whether to conduct student criminal background checks involves a discussion of institutional, legal, and policy concerns. Discussed here is the when, why, and how of student criminal background checks.
Gender Identity and Expression Issues at Colleges and Universities
June 2, 2005
Some universities have addressed gender identity issues through various policies. This article discusses these developments, identifies issues likely to arise on campus, and provides resources for counsel regarding this area of law.
Changes to the Alien Worker Labor Certification Process
March 24, 2005
The Department of Labor has changed the way employers hire foreign employees. Universities must be aware of the new procedures, which change the way a labor certification application is initiated, filed, and adjudicated.
College and University Employee References
January 21, 2005
Employment references present a difficult dilemma for educational institutions. This article summarizes the issues and risks associated with employee references and offers some suggestions on how best to address them.
Copyright, Peer-To-Peer File Sharing and DMCA Subpoenas
November 6, 2003
Colleges and universities are being asked by the recording industry to identify students engaged in file sharing on educational networks and should be aware of their rights and responsibilities in this regard.
Race-Conscious Financial Aid After the University of Michigan Decisions
July 2, 2003
The Supreme Court's decision in Grutter v. Bollinger held that consideration of race as a positive factor in the admissions process is permissible. Moreover, the decision is applicable to both public and private institutions.
New Regulations on Possession, Use, and Transfer of Biological Agents and Toxins
January 21, 2003
Regulations issued in December 2002 pursuant to recent federal legislation impose comprehensive new requirements for continuing to work with biohazardous materials.
The Technology, Education, and Harmonization Act (TEACH Act) of 2002
January 10, 2003
The TEACH Act gives instructors at nonprofit educational institutions enhanced capability to employ most third party copyrighted works in electronic courseware without the need to secure permission from copyright owners.
Sarbanes-Oxley, Corporate Responsibility and Colleges and Universities
January 10, 2003
This act was enacted in response to the corporate accounting scandals of 2002. While the act was intended for publicly traded companies and public accounting firms, the principles underlying the act apply to universities as well.
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