Higher Ed Counsel & Strategic Solutions

Student protests and campus programming will remain closely connected issues in Fall 2026. As many institutions of higher education know, protests, demonstrations, invited speakers, counterprogramming, and other expressive activities can emerge quickly and affect multiple parts of campus at once. These events often raise questions about speech, safety, space use, event management, and institutional neutrality. Summer is the best time to evaluate whether your college’s or university’s current policies and operational practices are prepared for that complexity before students return in the fall.

Title IX’s prohibition on sex-based discrimination includes an obligation to accommodate—and not discriminate against—students who are experiencing pregnancy or related conditions. Colleges and universities must ensure that pregnant students, and those who are lactating or recovering from childbirth or the termination of a pregnancy, are not excluded from participation, denied benefits, or subjected to discrimination in their education programs or activities while enrolled.