Legal Issues

Addressing Systemic Racism on Campus and Policing Policies

Since George Floyd’s died in police custody on May 25, 2020, at least 168 Confederate symbols have been removed around the United States. Higher education institutions such as the University of Mississippi and the University of Nevada at Las Vegas have remove statues from campus. In Charlottesville, the University of Virginia erased Confederate soldier Henry […]

Posted in Education | Tagged , , |

Returning to Campus and Supporting Students’ Mental Health Needs

When Washington & Jefferson College in Pennsylvania welcomes students back to campus this fall, the small liberal arts school plans to offer fully in-person instruction and residential living. Vice President of Student Life and Dean of Students Eva Chatterjee-Sutton, M.A. wants to make sure mental health is a priority for students at her college and […]

Posted in Education | Tagged , , |

Under President Biden, Changes to Title IX Expected

A new and controversial Title IX rule strengthening the rights of those accused of sexual harassment or assault on U.S. college campuses is likely to be changed under the Biden Administration. In March, President Biden directed the U.S. Education Department to review Title IX rules that went into effect on Aug. 14, 2020. Those rules, […]

Posted in Education | Tagged , , |

Celebrating 30 Years of Legal Issues in Higher Education at UVM

Celebrating its 30th anniversary this month, UVM’s Legal Issues in Higher Education Conference is planning an event unlike any other in its past—one that’s completely online—in a year that’s been punctuated by a number of complex issues and events, any one of which would—on its own—be enough to have college and university administrators nationwide struggling […]

Posted in Education | Tagged , |

Restorative Justice and Title IX: An Interview with Legal Issues in Higher Education Speaker Megan Farrell

By Kate Whitney UVM’s 29th Annual Legal Issues in Higher Education Conference focuses on the diverse legal issues impacting all aspects of higher education and tackles a variety of issues including Restorative Justice and Title IX. On April 4, 2011, the education department’s Office of Civil Rights sent a document that would come to be […]

Posted in Education | Tagged , , , , |

Legal Issues in Higher Education Spotlight: Seth Gilbertson

By Kate Whitney Higher education is one of the most heavily regulated sectors in the United States, with a diverse and ever-changing roster of legal issues competing for attention. In spite of these challenges, Seth Gilbertson, Associate Counsel for the State University of New York’s Office of University Counsel, was thrilled when he was offered a […]

Posted in Education, Vermont | Tagged , , , , |

Legal Issues: The Ripple Effect of Proposed Title IX Regulations

New Title IX regulations proposed by Education Secretary Betsy DeVos are on the minds of higher education leaders, legal experts and victims’ advocates around the country. Under new regulations proposed last fall by DeVos, students accused of sexual misconduct would gain greater protections and colleges investigating complaints could face reduced liability. But critics of the […]

Posted in Education | Tagged , , |

Navigating the Complexities of Student Life and Higher Education Law

By Kate Whitney This year marks the 40thanniversary of the release of Barbara Lee and William Kaplin’s seminal work, The Law of Higher Education. The first edition, written in 1978, was 500 pages. The two-volume 6th edition, slated for release in April 2019, is a whopping 2,326 pages long. According to Lee, colleges and universities (particularly public […]

Posted in Education | Tagged , , |

Going the Distance to Protect Victims of Sexual and Gender-Based Violence

By Kate Whitney According to research funded by the Justice Department, only 3 to 18 percent of sexual assaults lead to a conviction. Challenges in proving a case may be due to a lack of evidence, an inability to identify the perpetrator, attempts to undermine the credibility of the alleged victim, trauma, and many other factors. According to RAINN (Rape, […]

Posted in Education | Tagged , , |

Empowering Students to End Hazing on Campus

By Kate Whitney Hazing, or the use of any action or situation intentionally created to humiliate, ridicule, harass, or risks emotional or physical harm (with or without consent) to members of a group or team, is illegal in 44 states—including Vermont. However, hazing continues to be a problematic issue on campuses nationwide, with four deaths linked to […]

Posted in Education | Tagged , , |