Cases & Developments - National Association of College and University Attorneys

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Latest Cases & Developments

Date:
10/31/2025
Yang v. Neprash (D. Minn. Oct. 31, 2025)
Opinion Granting Defendants’ Motion to Dismiss. Plaintiff, a former Ph.D. student at the University of Minnesota, sued university administrators under 42 U.S.C. § 1983, alleging they violated his due process rights under the Fourteenth Amendment, after he used ChatGPT during an exam and was subsequently expelled following a disciplinary hearing which found him responsible for violating the university’s code of conduct. The court held the plaintiff failed to plausibly allege bad faith or any of “the types of conscience-shocking conduct” required to allege a substantive due process violation in an academic context. The court also dismissed plaintiff’s procedural due process claim finding that he failed to exhaust his available state remedies prior to bringing his § 1983 claim.
Topics:
Academic Performance and Misconduct | Students
Date:
10/31/2025
City of Seattle v. Trump (W.D. Wash. Oct. 31, 2025)
Order Granting Plaintiff’s Motion for Preliminary Injunction. Plaintiff, the City of Seattle, sued the Trump administration challenging Executive Order No. 14173 (“DEI Order”) and Executive Order No. 14168 (“Gender Order”), arguing that actions taken by the administration to condition grant funding based on the terms of the orders violated the Administrative Procedure Act (APA) as contrary to constitutional right, in excess of statutory authority, and as arbitrary and capricious. The court held that the plaintiff was likely to prevail on its APA claims finding (1) by imposing the terms of the DEI and Gender Orders on federal grants, the administration had “run afoul of the Separation of Powers doctrine” and therefore, acted in excess of statutory authority; and (2) by requiring grantees to comply with its own interpretation of “discrimination,” rather than what was required under the law, defendants’ actions were arbitrary and capricious. The court rejected defendants’ argument that the funding conditions contemplated by the orders “simply” required grant recipients to comply with current federal antidiscrimination laws, and noted several statements from agency officials interpreting these laws “in a manner . . . inconsistent with well-established legal precedent.” The court granted the preliminary injunction and enjoined defendants from enforcing section 3(b)(iv) of DEI Order and section 3(g) of the Gender Order against the City of Seattle.
Topics:
Contracts | False Claims Act (FCA) | Grants, Contracts, & Sponsored Research | Research
Date:
10/31/2025
O’Neill v. Trs. of the Univ. of Pa. (E.D. Pa. Oct. 31, 2025)
Opinion Granting Defendant’s Motion for Summary Judgment. Plaintiff, a former teaching assistant at the University of Pennsylvania, sued the university alleging hostile work environment, constructive discharge, and retaliation under Title VII, after (1) she reported improper conduct from a male student in her lab; (2) the university responded with a safety plan; and (3) plaintiff abandoned her job after the university declined to make her requested changes to the safety plan. The court granted summary judgment for the university, finding that while it agreed with the plaintiff as to the nature and pervasiveness of the male student’s improper conduct, she had not provided evidence to allow a jury to find the university liable for creating a sex-based hostile work environment based on conduct of its non-employee male student. The court also granted summary judgment on plaintiff’s constructive discharge claim, finding that the university acted promptly, by enforcing a safety plan the same day plaintiff complained of the student’s behavior, and thus “a reasonable jury could not find that university ‘knowingly permitted’ [the student] to harass [plaintiff].”
Topics:
Discrimination, Accommodation, & Diversity | Employment Separation, RIFs, ERIPs & Retrenchment | Faculty & Staff | Retaliation | Sex Discrimination
Date:
10/30/2025
Department of Education Final Rule on Public Service Loan Forgiveness (Oct. 30, 2025)
The Department of Education released its final rule on the Public Service Loan Forgiveness (PSLF) program, which amends the definition of “qualifying employer” to exclude organizations that engage in unlawful activities. The Department defines unlawful activities as those that have a substantial illegal purpose, such as supporting terrorism or aiding and abetting illegal immigration. If an employer is alleged to have engaged in illegal activities, they will be provided with a notice, a transparent record, and an opportunity to review, respond, and rebut the Department’s findings. The Final Rule goes into effect on July 1, 2026. The Department also released a fact sheet on the Final Rule.
Topics:
Financial Aid, Scholarships, & Student Loans | Students
Date:
10/30/2025
College Sports Commission Summary of NCAA Finalized Rules Resulting from House Settlement (Oct. 30, 2025)
Topics:
Athletics & Sports | Athletics Compliance & NCAA Rules
Date:
10/29/2025
Goldman v. Ariz. Bd. of Regents (D. Ariz. Oct. 29, 2025)
Opinion and Order Granting in Part Defendants’ Motion to Dismiss. Plaintiff, a former nursing student at the University of Arizona, brought more than a dozen claims against the university, the Arizona Department of Administration (ADOA), and several individuals alleging violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other civil rights, constitutional and state claims, based on the defendants alleged failure to provide accommodations for his disability. The court dismissed the majority of the plaintiff’s claims, finding a variety of procedural deficiencies with the complaint including that claims were either made against an entity or person that is not deemed a judicial entity or public entity, or plaintiff failed to follow state law requirements for bringing claims against state officials. However, the court held that plaintiff had satisfied the minimal pleading requirements necessary for four claims against the university: (1) violation of Title II of the Americans with Disabilities Act (ADA), (2) violation of the Rehabilitation Act (RA), (3) unlawful retaliation, and (4) hostile educational environment, finding sufficient allegations of failure to accommodate plaintiff’s disability including “excessive scrutiny during exams, skepticism from professors regarding accommodations, disruption of testing environments, dismissive responses to questions, and differential treatment and isolation from peers.” Finally, the court required plaintiff to show cause as to why he should not be sanctioned under Rule 11, citing plaintiff’s briefings to the court, which included a “hallucinatory case” that did not exist, along with several quotes from cases that did not match and “unusual language formulations” indicating likely use of generative artificial intelligence (AI).
Topics:
Disability Discrimination | Discrimination, Accommodation, & Diversity | Retaliation
Date:
10/27/2025
ACE Comments on Regulatory Reform of AI (Oct. 27, 2025)
The American Council on Education (ACE) along with eight other higher education associations, sent comments to the Trump Administration in response to the request for information on Artificial Intelligence (AI) and federal regulation, urging deregulation and the implementation of essential safeguards. The comments outline several regulatory efforts, such as (1) need for human oversight in administrative processes; (2) concerns for under-resourced institutions; and (3) ensuring established privacy protections are supported.
Topics:
Data Privacy | Disability Discrimination | Discrimination, Accommodation, & Diversity | Privacy & Transparency | Technology | Technology Accessibility
Date:
10/27/2025
State of Washington, et al., v. Department of Education, et al., (W.D. Wash. Oct. 27, 2025)
Topics:
Admissions | Campus Police, Safety, & Crisis Management | Disability Discrimination | Discrimination, Accommodation, & Diversity | Distressed & Suicidal Students | Grants, Contracts, & Sponsored Research | Sexual Misconduct | Students
Date:
10/24/2025
ACE Letter to the Department of Homeland Security on H-1B Weighted Selection Process Proposed Rule (Oct. 24, 2025)
The American Counsil on Education (ACE) and 20 other higher education associations sent comments to the Department of Homeland Security (DHS) on the proposed rule “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” The letter notes the negative impact the rule would have on recently graduated international students, by reducing access to the H-1B visa program for early career professionals, including doctors who have recently graduated medical school and are entering residency programs. Additionally, ACE writes that the rule would limit the ability of institutions of higher education to recruit and retain international students, impacting those who wish to remain in the United States, and the U.S. economy at large. The letter concludes by asking the administration to withdraw the rule.
Topics:
Employment of Foreign Nationals | Faculty & Staff | Immigration
Date:
10/23/2025
ACE Letter to DHS on H-1B Visa Fee Increase (Oct. 23, 2025)
The American Council on Education (ACE), along with 31 higher education associations, sent a letter to the Department of Homeland Security (DHS) asking for clarity on how the September 19 Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” would be implemented and requesting that institutions of higher education be exempt from the new $100,000 fee for new H-1B visa applications.
Topics:
Employment of Foreign Nationals | Faculty & Staff | Immigration

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