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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.

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Research; Research Safety & Protection; Government Relations; Authorizations & Regulations

Community Statement on House Science, Space, and Technology Committee Hearing on International Academic Exchanges (April 12, 2018)

Joint Statement issued by the American Council on Education, the Association of American Universities, the Association of Public and Land-grant Universities, and the Council on Governmental Relations, welcoming the opportunity to continue working with Congress and relevant national security agencies to protect “legitimate national security interests associated with scientific research conducted at universities.” Outlining past efforts by the federal government and its relevant agencies to collaborate with the higher education community, the Joint Statement expressed disappointment that the FBI’s National Security Higher Education Board (NSHEB) had been disbanded and asked for a meeting to discuss an alternative forum for continued discussions of the type previously provided by through the NHSHEB.

4/16/2018
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Research Safety & Protection; Freedom of Information & Public Record Laws

Consumer Credit Research Foundation v. Board of Regents of the University System of Georgia (Ga. App. May 4, 2017)

Order vacating the trial court’s grant of summary judgment to Defendants and remanding with direction. The Campaign for Accountability filed a Georgia Open Records Act request with Kennesaw State University (KSU), which is part of the University System of Georgia, requesting that it release certain correspondence between a professor who was conducting research on payday loans and the Consumer Credit Research Foundation (CCRF). CCRF objected to the release of the records and filed suit. The trial court granted summary judgment to Defendants. The appeals court reversed, holding that the trial court erred in ruling that KSU had the discretion to release the research correspondence even if the correspondence was specifically exempt from disclosure under the research exceptions found in the Act. It remanded the case so that the trial court could determine whether the materials were subject to either of the Act’s research exemptions.

5/8/2017
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Research Safety & Protection; Research

Final Rule on the Federal Policy for Protection of Human Subjects (Jan. 19, 2017)

Final Rule released by sixteen federal agencies on the federal policy for protection of human subjects in research (commonly referred to as the “Common Rule”). The final rule modernizes the Common Rule by establishing new requirements for the informed consent process, allowing the use of broad consent for unspecified future research, creating new exempt categories of research, requiring US-based institutions engaged in cooperative research to use a single Institutional Review Board for any domestic portion of the research, and eliminates the requirement to conduct continuing reviews of ongoing research for certain types of studies.  It does not adopt the proposal from the earlier draft rule that would have applied informed consent to biospecimens. The rule will largely go into effect on January 19, 2018. 

1/19/2017
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Research Safety & Protection; Research

Final Rule on the Federal Policy for Protection of Human Subjects (Jan. 18, 2017)

Unpublished Final Rule released by sixteen federal agencies on the federal policy for protection of human subjects. The Final Rule modernizes the Common Rule for the protection of human subjects in research by establishing new requirements for the informed consent process, allowing the use of broad consent for unspecified future research, creating new exempt categories of research, requiring US-based institutions engaged in cooperative research to use a single Institutional Review Board for any domestic portion of the endeavor, and eliminates the requirement to conduct continuing reviews of ongoing research for certain types of studies. The Rule is set to be published on January 19, 2017, and will largely go into effect on January 19 and 20, 2017. 

1/18/2017
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