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  • Date:

    ACE Letter to ED re: Proposed Rule on NRC Program and FLAS Fellowship Program (Mar. 25, 2024)

    Letter from the American Council on Education (ACE) and 16 other higher education associations to the Department of Education on the Proposed Rule on the National Resource Centers (NRC) Program and the Foreign Language and Area Studies (FLAS) Fellowship Program. The letter expresses support for the proposed definition of “diverse perspectives,” noting that it “will help clarify the requirement in Section 602 of the Higher Education Act that grants reflect ‘diverse perspectives’ as authorized by Congress.” It expresses concern that a new requirement that Centers have a geographically defined focus might adversely impact some Centers. It also urges the department not to eliminate the institutional payment component of the FLAS Fellowship Program in favor of one payment to the student, noting potential “negative impact on both the institution and the fellow, including higher tuition fees for the student and in some cases loss of health insurance.”   

    Topics:

    Accreditation, Authorizations, & Higher Education Act | Contracts | Grants, Contracts, & Sponsored Research | Higher Education Act (HEA)

  • Date:

    Wortis v. Trs. of Tufts Coll. (Mass. Mar. 14, 2024)

    Opinion affirming-in-part and reversing-in-part summary judgment in favor of the University. Plaintiffs, eight tenured faculty at Tufts University School of Medicine (TUSM), brought contract claims against the University when it reduced their salaries, full-time status, and lab space after they purportedly failed to meet the requirements of TUSM’s 2016, 2017, and 2019 compensation and lab space policies. The trial court granted summary judgment in favor of the University, concluding that the compensation and lab space policies did not violate the academic freedom or economic security provisions of the University’s tenure documents. In reversing and remanding with respect to the compensation policies, the Supreme Judicial Court of Massachusetts found that the meaning of the “economic security” provisions in the tenure documents is ambiguous and that “more evidence is required regarding the customs and practices and reasonable expectations related to salary and full-time status for tenured professors at TUSM, and even other universities and medical schools, to resolve the question whether the significant reductions … violated the economic security provided in the tenure documents.” It affirmed summary judgment in favor of the University on plaintiffs’ claims regarding lab space, finding statements on academic freedom and economic security insufficient to support the claim that lab space was guaranteed.   

    Topics:

    Contracts | Faculty & Staff | Grants, Contracts, & Sponsored Research | Tenure

  • Date:

    Settlement Agreement between U.S. Dep’t of Justice and Stanford University (Sep. 29, 2023)

    Settlement Agreement between Stanford University and the U.S. Department of Justice on behalf of the Departments of the Army, Navy, Air Force, NASA, and National Science Foundation. The Agreement resolves allegations that the University did not make required disclosures of foreign support to 11 professors who were principal investigators (PI) or co-PIs on research grant proposals. Pursuant to the Agreement, the University will pay $1,938,682 and cooperate with the Government’s investigation of individuals and entities not released by the Agreement.   

    Topics:

    Contracts | Grants, Contracts, & Sponsored Research

  • Date:

    U.S. Dep’t of Defense Guidance on Confucius Institute Waiver Program (March 2023)

    United State Department of Defense (DoD), Office of Basic Research Guidance to U.S. Institutions of Higher Education (IHE) on the Confucius Institute Waiver Program (CIWP).  The guidance defines a Confucius Institute as “a cultural institute funded either directly or indirectly by the Government of the People’s Republic of China.”  The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 prohibits the DoD from funding a U.S. IHE that hosts a Confucius Institute unless it receives a waiver from the Secretary of Defense.  Applications for waivers are due by June 1, 2023.  The prohibition takes effect on October 1, 2023.   

    Topics:

    Contracts | Grants, Contracts, & Sponsored Research