Five Stories that Matter in Michigan This Week – December 2, 2022
Bringing you five stories that matter in Michigan this week – December 2, 2022. Legal, legislative, and regulatory updates.
Former Student Falsely Accused of Sexual Misconduct Wins $5.3 Million Jury Award for Defamation and Civil Conspiracy
A jury in South Carolina awarded a former Clemson University student $5.3 million in connection with defamation and civil conspiracy claims he brought against three individuals stemming from false allegations of sexual misconduct.
Third Circuit Court of Appeals Rules that University can be Held Liable Under Title IX for On-Campus Murder by Nonstudent Guest
Following the on-campus murder of a student by her non-student boyfriend at Millersville University in 2015, the victim’s parents filed a Title IX claim against the university. The claim was rejected in a lower court, but, in a significant and consequential decision, the U.S. Court of Appeals for the Third Circuit reversed and held that the school could be held liable for the actions taken by a non-student guest on its campus.
Colleges Object to “Name, Image and Likeness” Public Information Requests from News Media
As the University of Georgia prepares to compete in the NCAA College Football Playoff championship, it’s also fighting another battle, on another playing field: defending itself against public record lawsuits following its refusal to disclose its athletes’ “name, image and likeness” contracts.
Recent NLRB Memorandum Argues that Certain College and University Student-Athletes Qualify as Employees and Should be Afforded Statutory Protections
The conversation on the disparity between coach pay, revenue generated by the NCAA and higher education institutions from sports, and student-athletes seeking compensation for their participation is evolving.
New Congressional Bill Would “Encourage” Higher Education Institutions to Remove Criminal History Questions from Admissions Processes
In August, Senator Brian Schatz introduced the Beyond the Box for Higher Education Act (Senate Bill 2634) in the U.S. Senate.
7th Circuit Rules in Favor of Indiana University’s COVID-19 Vaccine Requirement for Students
The U.S. Court of Appeals for the Seventh Circuit, in Klaassen v. Trustees of Indiana Univ., upheld Indiana University’s right to mandate vaccines for students returning to campus.
New Guidance Confirms that Title IX Protections Apply to the LGBTQ+ Community
The U.S. Department of Education’s Office of Civil Rights (“OCR”) recently issued a “Notice of Interpetation” confirming that Title IX protects students from harassment and discrimination based on their sexual orientation and/or gender identity.
NCAA Issues Interim Policy Allowing Student-Athletes to Monetize Their Name, Image and Likeness
The NCAA recently announced an interim policy that allows student-athletes from all three divisions to monetize their name, image and likeness (often referred to as “NIL”). The new policy went into effect on July 1, 2021.
U.S. Senate Passes the United States Innovation and Competition Act Which Would Allocate Billions Toward Higher Education Institutions
On June 8th, 2021, the U.S. Senate passed the United States Innovation and Competition Act (“USICA”), which is bipartisan legislation that would authorize billions of dollars in funding for technology research in the United States. A significant amount of funding is aimed at institutions of higher education.