Higher Ed Counsel & Strategic Solutions

On August 14, 2025, the US District Court for the District of Maryland vacated the Department of Education’s Office for Civil Rights’ (OCR) February 14, 2025 Dear Colleague Letter (DCL). Hunton previously provided an overview of the implications of the February 14 DCL for colleges and universities in client alerts published in February and March 2025.

On March 4, 2026, the Supreme Court issued a unanimous opinion in Galette v. New Jersey Transit Corporation, holding that NJ Transit—a public corporation created by the New Jersey Legislature to operate bus and rail transit—does not qualify as an “arm of the state” and therefore cannot invoke New Jersey’s sovereign immunity in court. Justice Sotomayor’s opinion clarifies and streamlines the arm‑of‑the‑state inquiry, making formal legal structure and fiscal independence the dominant considerations while diminishing the relevance of an entity’s public mission, state funding, and state control.

In recent years, the use of the term “rapist” on campus has sparked significant legal debate in Title IX higher education cases. Two notable cases, Nungesser v. Columbia University and the more recently decided Doe v. University of Maryland, provide contrasting judicial perspectives on this issue. In this legal update, we examine these cases, focusing on their legal reasoning, outcomes, and implications for educational institutions.

On April 23, 2025, the Administration issued an Executive Order entitled “Reforming Accreditation to Strengthen Higher Education” along with an accompanying fact sheet. An institution of higher education’s accreditation is a prerequisite for participation in the U.S. Department of Education’s federal student financial aid program under Title IV. 

On April 24, 2025, federal courts in New Hampshire, Maryland, and the District of Columbia weighed in on three separate challenges brought against the U.S. Department of Education’s February 14, 2025 Dear Colleague Letter (“DCL”), the March 1, 2025 Frequently Asked Questions (“FAQs”), and the April 24, 2025 Certification Requirement for states and public school districts (the “Certification”).