Study Guide
Our Akin Study Guide blog features the latest news and insights impacting key players in the education industry, including universities, colleges, academic medical centers and education service providers.
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Study Guide
The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in
education programs or activities—such as public or private schools, universities, local or state educational agencies, and museums—that receive federal
financial assistance. These new regulations, issued on April 19, 2024, and slated to go into effect on August 1, 2024, make significant changes to the prior
Title IX regulations issued in 2020. Whereas the 2020 regulations included a narrower definition of sexual harassment and focused on due process concerns,
the 2024 regulations—more akin to the regulations under the Obama administration—broaden the focus of Title IX to sex-based harassment more generally.
education programs or activities—such as public or private schools, universities, local or state educational agencies, and museums—that receive federal
financial assistance. These new regulations, issued on April 19, 2024, and slated to go into effect on August 1, 2024, make significant changes to the prior
Title IX regulations issued in 2020. Whereas the 2020 regulations included a narrower definition of sexual harassment and focused on due process concerns,
the 2024 regulations—more akin to the regulations under the Obama administration—broaden the focus of Title IX to sex-based harassment more generally.
Study Guide
The National Institutes of Health (NIH) recently moved forward with a controversial new policy requiring foreign subrecipients to provide, at least once per
year, copies of lab notebooks, data and documentation that support research outcomes described in a progress report to the prime award recipient. The new
policy is in direct response to recent audits conducted by the Department of Health and Human Services, Office of Inspector General (DHHS OIG) and the
Government Accountability Office (GAO), each of which raised concerns about NIH’s oversight of funds provided to, among other institutions, the Wuhan
Institute of Virology. More generally, the new NIH policy is among the latest salvos in the government’s ongoing efforts to impose stricter security
requirements on U.S. taxpayer-funded research.
...
year, copies of lab notebooks, data and documentation that support research outcomes described in a progress report to the prime award recipient. The new
policy is in direct response to recent audits conducted by the Department of Health and Human Services, Office of Inspector General (DHHS OIG) and the
Government Accountability Office (GAO), each of which raised concerns about NIH’s oversight of funds provided to, among other institutions, the Wuhan
Institute of Virology. More generally, the new NIH policy is among the latest salvos in the government’s ongoing efforts to impose stricter security
requirements on U.S. taxpayer-funded research.
...
Study Guide
On July 28, 2023, the Biden administration issued “Executive Order on Federal Research and Development in Support of Domestic Manufacturing and United
States Jobs” (the “Executive Order”). How federal agencies implement certain of the Executive Order’s provisions may have a meaningful impact on the
existing university, academic medical center, and independent research institution technology transfer processes. Moreover, when viewed in conjunction with
other recent actions, the Executive Order is further indicia of the administration’s ongoing assessment and evaluation of the Bayh-Dole Act's technology
transfer model. Universities and other research institutions should therefore continue to closely monitor technology transfer-related developments and weigh
in when offered an opportunity to participate in rule-making or other legislative or regulatory processes.
...
States Jobs” (the “Executive Order”). How federal agencies implement certain of the Executive Order’s provisions may have a meaningful impact on the
existing university, academic medical center, and independent research institution technology transfer processes. Moreover, when viewed in conjunction with
other recent actions, the Executive Order is further indicia of the administration’s ongoing assessment and evaluation of the Bayh-Dole Act's technology
transfer model. Universities and other research institutions should therefore continue to closely monitor technology transfer-related developments and weigh
in when offered an opportunity to participate in rule-making or other legislative or regulatory processes.
...
Study Guide
Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign
sources under Section 117 of the Higher Education Act of 1965, 20 U.S.C. §1011f (“Section 117”). The Higher Education and Workforce Development
Subcommittee of the House Committee on Education and the Workforce (the “Committee”) held a hearing on July 18, 2023 titled Exposing the Dangers of the
Influence of Foreign Adversaries on College Campuses, which discussed the enforcement, and even potential expansion, of Section 117.
sources under Section 117 of the Higher Education Act of 1965, 20 U.S.C. §1011f (“Section 117”). The Higher Education and Workforce Development
Subcommittee of the House Committee on Education and the Workforce (the “Committee”) held a hearing on July 18, 2023 titled Exposing the Dangers of the
Influence of Foreign Adversaries on College Campuses, which discussed the enforcement, and even potential expansion, of Section 117.
Study Guide
Following the Supreme Court’s June 30, 2023 ruling determining that the Biden-Harris administration did not have authority to carry out its student debt
forgiveness plan, the administration released a fact sheet detailing new actions to provide debt relief and support for student loan borrowers.
forgiveness plan, the administration released a fact sheet detailing new actions to provide debt relief and support for student loan borrowers.
Study Guide
On June 29, 2023, the U.S. Supreme Court released its highly anticipated decision that overturned 45 years of protection for colleges and universities
considering the race of applicants in their admissions process. The Court found that the use of race-conscious admissions by the University of North Carolina
and Harvard University is not constitutional.
considering the race of applicants in their admissions process. The Court found that the use of race-conscious admissions by the University of North Carolina
and Harvard University is not constitutional.
Study Guide
On June 30, in Biden v. Nebraska, the Supreme Court ruled against the Biden administration’s student loan relief plan in a 6-3 decision. The plan, which was
estimated to impact more than $430 billion of student loan principal, would have canceled student loan debt for more than 40 million borrowers.
estimated to impact more than $430 billion of student loan principal, would have canceled student loan debt for more than 40 million borrowers.
Study Guide
In July 2022, the DOJ released a Comprehensive Cyber Review report (the “Review”) summarizing its assessment of its own cyber-related activities and
including recommendations focused on its cyber-centric “offensive” (i.e., cyber threat investigations and enforcement) and “defensive” (i.e., approaches to
risk mitigation) activities. A key finding declared that “many of the cybersecurity provisions and standards set forth for federal contractors were found to be
insufficiently rigorous.” The Review went on to note that where contractual cybersecurity standards were not met, the Department’s Civil Cyber-Fraud
Initiative (CCFI), first announced in October 2021, would continue to utilize the False Claims Act (FCA) to pursue cybersecurity-related cases against
government contractors and grant recipients. The Review comes on the heels of a recent FCA settlement with Aerojet Rocketdyne Inc. Many colleges,
universities and independent research institutions are now in the midst of planning for enhanced research security obligations arising out of the January 202...
including recommendations focused on its cyber-centric “offensive” (i.e., cyber threat investigations and enforcement) and “defensive” (i.e., approaches to
risk mitigation) activities. A key finding declared that “many of the cybersecurity provisions and standards set forth for federal contractors were found to be
insufficiently rigorous.” The Review went on to note that where contractual cybersecurity standards were not met, the Department’s Civil Cyber-Fraud
Initiative (CCFI), first announced in October 2021, would continue to utilize the False Claims Act (FCA) to pursue cybersecurity-related cases against
government contractors and grant recipients. The Review comes on the heels of a recent FCA settlement with Aerojet Rocketdyne Inc. Many colleges,
universities and independent research institutions are now in the midst of planning for enhanced research security obligations arising out of the January 202...
Study Guide
On Wednesday, August 24, the Biden-Harris administration and Department of Education announced a three-part student debt relief plan aimed at making
the student loan system more manageable for those with existing student loan debt and more accessible for Americans seeking college educations. The plan,
which applies only to federal student loans, includes a final extension of the student loan repayment pause through December 31, 2022; up to $20,000 in
student loan debt relief; and a proposed rule to create a new income-driven repayment plan to lower monthly student loan payments for current and future
borrowers. This announcement marks the administration’s transition back to regular payment as pandemic-related support expires.
the student loan system more manageable for those with existing student loan debt and more accessible for Americans seeking college educations. The plan,
which applies only to federal student loans, includes a final extension of the student loan repayment pause through December 31, 2022; up to $20,000 in
student loan debt relief; and a proposed rule to create a new income-driven repayment plan to lower monthly student loan payments for current and future
borrowers. This announcement marks the administration’s transition back to regular payment as pandemic-related support expires.
