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Executive Order Seeks Reform of Higher Education Accreditors’ Processes

On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more

Biden-Era Guidance on How Schools Analyze NIL Activity Under Title IX Rescinded

On Feb. 12, 2025, the Trump administration rescinded the Department of Education Office for Civil Rights’ guidance on how it planned to analyze name, image and likeness (NIL) activity under Title IX of the Education...more

Title IX Final Rule Vacated Nationwide

On Jan. 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX final rule in State of Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025). The Department of Education had issued...more

Federal Court Declines to Extend SFFA Decision Into Military Academy Admissions

As McGuireWoods explained in previous alerts, the U.S. Supreme Court’s landmark decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA) left open several questions on its impact on higher...more

Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims

In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more

College Legacy Admission Preferences Called Into Question in New Challenge

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

U.S. Department of Education Signals Support of Diversity and Inclusion Training

On Jan. 31, 2023, the U.S. Department of Education Office for Civil Rights (OCR) published a fact sheet titled “Diversity and Inclusion Activities Under Title VI.” Title VI prohibits discrimination based on race, color or...more

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