Archives for Higher Education

THE LOUIS D. BRANDEIS CENTER FOR HUMAN RIGHTS UNDER LAW AND THE SILICON VALLEY CHINESE ASSOCIATION FOUNDATION FILE A BRIEF WITH THE U.S. SUPREME COURT IN THE HARVARD CASE

Categories: Higher Education.

Harvard’s discrimination against Asian-American applicants is similar to its discriminatory actions against Jewish applicants in the 1920s and 1930s CHARLOTTE, NC, March 31, 2021 – The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed a brief amicus curiae in the U.S. Supreme Court in connection with the Harvard discrimination case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The parties urge the Court to review the decision of the lower court by granting the pending petition for a writ of certiorari filed by SFFA on February 25,
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Title IX: OCR Is Not the Only Game in Town, the Game Will Also Be Played in Courtrooms

Categories: Higher Education.

We expect the Department in the Biden administration to take administrative actions in higher education, and two of the most closely-watched areas of regulatory action in higher education will be Title IV, HEA and Title IX of the Education Amendments of 1972. This blog post focuses on Title IX. Click here for our blog post on Title IV, HEA. In the wake of the issuance by the U.S. Department of Education of the Title IX regulation on sexual harassment, many college and university leaders looked for a way to minimize the applicability of the regulation. The Title IX regulation, which
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Title IV, HEA: For Proprietary Institutions, an Unwelcome Return to the Obama Era

Categories: Higher Education.

We expect the Department in the Biden administration to take administrative actions in higher education, and two of the most closely-watched areas of regulatory action in higher education will be Title IV, HEA and Title IX of the Education Amendments of 1972. This blog post focuses on Title IV, HEA. Click here for our blog post on Title IX. The Trump administration issued several Title IV, HEA financial-aid regulations that addressed the dramatic change in technology in higher education. There are now new regulations on distance education and innovation, as well as on accreditation and religious liberty. However, as we
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Jonathan Vogel is Quoted in Newsweek Addressing Whether Colleges Are Required to Refund Tuition and Fees

Categories: Higher Education.

COVID-19 disrupted the lives of countless college students and families during the 2019-2020 school year who paid exorbitant amounts of money to attend school and to take classes on campus, as opposed to online. Many of them now want some of their money back. On June 23, 2020, Managing Attorney Jonathan Vogel was quoted in a Newsweek article that addressed whether colleges are legally required to refund tuition and fees. The legal issue is one of contract law, and it will be decided based on each state’s statutory law and common law developed through decisions in prior cases by appellate
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Borrower Defenses to Repayment: How Colleges Can Avoid a Claim

Categories: Higher Education and Student Loans.

On August 30, 2019, the U.S. Department of Education (the Department) released the third version of its Borrower Defenses to Repayment (BDTR) regulation, which is a regulation that, among other things, provides a mechanism for federal student loan borrowers to assert that the college should be required to repay their student loans on account of the school’s fraudulent acts or omissions. The version of BDTR that applies to a borrower’s situation depends upon when the loan in question was first disbursed: 1. For loans first disbursed prior to July 1, 2017, the version of BDTR that applies is the regulation
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