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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

Selected Topics: Discrimination, Accommodation, & Diversity Enforcement of Non-Discrimination Laws
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External Investigations; Investigations; Enforcement of Non-Discrimination Laws; Discrimination, Accommodation, & Diversity

Internal Memorandum from the Acting Assistant Secretary for Civil Rights on Conducting Systemic Investigations (June 15, 2017)

Internal memorandum from the Acting Assistant Secretary for Civil Rights to Office for Civil Rights (OCR) regional directors on conducting investigations for alleged violations of civil rights laws. The memorandum instructs regional officers on how to determine the scope of an investigation. In contrast to the existing “one size fits all” approach to complaint investigations, regional officers will now determine the scope of such investigations on a case-by-case basis, taking into account “the type and scope of evidence that is necessary to support a legally sound investigation and determination, with the understanding that all OCR investigations are to be framed in their scope by the allegations of each particular complaint.” Additionally, regional officers will no longer follow the rule requiring them to obtain three years of past complaint data in order to assess an institution’s compliance. 

6/16/2017
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Enforcement of Non-Discrimination Laws

Equal Employment Opportunity Commission Press Release on Procedures for Releasing Respondent Position Statements

Press release issued by the Equal Employment Opportunity Commission (EEOC) announcing that procedures have been implemented for releasing respondent position statements and obtaining responses from charging parties. During an EEOC investigation, the Commission may ask the respondent employer to submit a position statement and documents supporting its position, which it will submit to charging parties upon request and allow those parties to respond. The new procedures apply to all requests for position statements made to respondents on or after January 1, 2016.
3/2/2016
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