Colleges and universities are uniquely positioned to foster challenging conversations and encourage engagement with controversial ideas.  Recent events have highlighted the need for institutions to balance free expression, campus safety, and community well-being while supporting robust, respectful dialogue on complex social, political, and cultural issues.

Recent campus events and the heightened political environment have spotlighted the importance of institutions of higher education having clear, effective policies and practices for managing free speech at campus events. Whether your institution is a public university and subject to First Amendment constraints, or a private university and guided by campus speech policies, the challenges are similar: supporting open dialogue, maintaining order, and ensuring legal compliance and non-discrimination.

As the higher education sector undergoes rapid transformation, higher education institutions (“IHEs”) are increasingly considering mergers and acquisitions (“M&A”) as strategic options. Economic, demographic, and political pressures, including declining enrollment, rising operational costs, competition from online education providers, and the looming “demographic cliff”, are prompting colleges and universities to view M&A as a part of their strategic toolkit. 

Campus police play a critical role in ensuring the safety, security, and success of high-profile and potentially controversial events on campus.  Recent incidents have highlighted the importance of proactive planning, clear protocols, and collaboration with campus stakeholders.  This client alert offers practical tools and legal insights for campus law enforcement professionals and university leaders as they prepare to host large events or controversial events on campus with outside speakers.

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.

Recent violent incidents on campuses, including the fatal shooting of a controversial speaker, have underscored the urgent need for colleges and universities to assess their approaches to campus safety and free speech ahead of and during high-profile events.

Reductions in force (RIFs), also referred to as layoffs, downsizing, or restructuring, remain one of the most challenging workforce management decisions college and university employers face. Beyond the operational and financial considerations, RIFs carry significant legal, reputational, and strategic risks and considerations. Institutions must carefully navigate federal, state, and local laws, as well as policies and procedures unique to higher education such as tenure and faculty handbooks, while also ensuring that their actions are fair, transparent, and sensitive to affected staff and faculty.

Universities serve as both learning environments and workplaces, placing them at the intersection of student rights and employee protections. This dual role brings unique obligations when it comes to providing disability accommodations. While both students and faculty are entitled to reasonable accommodations under the law, the processes, points of contact, and implementation differ significantly. Understanding these distinctions is essential for compliance, equity, and building a truly inclusive campus culture.

As civil rights compliance becomes increasingly complex and federal scrutiny continues, colleges and universities should consider reevaluating having separate approaches to handling complaints of Title IX (sex discrimination and harassment) and Title VI (race, color, national origin, and shared ancestry discrimination and harassment).

Just in time for back to school, Title IX Coordinators have one more item to add to their “to-do” list: updating their Title IX policies to reflect required definitions of certain sex offenses. Luckily, this is a relatively quick fix that may even slightly simplify your Title IX policies.