U.S. Department of Education Announces Changes to College Scorecard, Plans for Future Expansion
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D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning denial of tenure brought under Title VII of the Civil Rights Act of 1964 (“Title VII”). Mawakana v. Bd. Of Trustees of the Univ. of the Dist. Of Columbia, No. 18-7059 (D.C. Cir. June 14, 2019).…
D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning denial of tenure brought under Title VII of the Civil Rights Act of 1964 (“Title VII”). Mawakana v. Bd. Of Trustees of the Univ. of the Dist. Of Columbia, No. 18-7059 (D.C. Cir. June 14, 2019).
In Mawakana, an African…
U.S. Department of Education Further Delays Gainful Employment Disclosures
On June 18 the U.S. Department of Education (ED) announced that it intends to allow institutions additional time—until July 1, 2019—to comply with certain disclosure requirements of ED’s “gainful employment” (GE) regulations. ED will accept comments on the proposed delay until July 18. As ED is engaged in a rulemaking process to develop proposed regulations that would replace the existing GE regulations, it is uncertain whether institutions will ever be required to comply with these…
U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation
This week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher education institutions under investigation for possible violations of law related to the handling of sexual violence and sexual harassment under Title IX. The new list is broader: it encompasses complaints bought under other civil rights laws enforced by ED, and…
U.S. Department of Education Announces Further Delays to Borrower Defense to Repayment Regulations
On October 24, the U.S. Department of Education (“ED”) published an interim final rule to delay until July 1, 2018 the effective date of selected provisions of what have become known as the borrower defense to repayment regulations, which were published November 1, 2016. In the interim final rule, ED explained that it believes delay of the regulations’ effective date to July 1, 2018 (or July 1 of a later year) is necessary to…
U.S. Department of Education Delays Borrower Defense to Repayment Regulations, Announces New Negotiated Rulemaking Committees
On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED also announced that it would delay indefinitely the implementation of one of those sets of regulations—which was scheduled to take effect on July 1, 2017—in light of pending litigation. These developments warrant attention as the implicated regulations impose substantial obligations on…
Congress Eliminates Obama-Era Regulations on Teacher Preparation Programs
Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students
On March 27, the Middle States Commission on Higher Education (“Middle States”) released for public comment a draft policy on its expectations for honesty and truthfulness in published information and in student recruitment practices. Among other things, the policy would prohibit Middle States-accredited institutions from paying commissions to agents to recruit international students. Middle States is accepting public comment on the policy through April 17, 2017.…
U.S. Department of Education Publishes Procedures for Group Borrower Defense Claims
On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related hearing procedures for actions to establish liability against a higher education institution. The regulations were effective immediately on 19 January, but the Department will accept comments on or before 20 March 2017 and may conduct additional rulemaking based on comments received from the public.…