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Latest Cases & Developments
Date:
United States of America v. President and Fellows of Harvard College (D. Mass. Mar. 20, 2026)
Complaint for Declaratory and Injunctive Relief. Plaintiff, the Department of Justice (DOJ), sued Harvard University claiming Title VI violations based on its failure to address antisemitism on campus. The complaint claims that the university was deliberately indifferent to discrimination that occurred on campus against Jewish and Israeli students and failed to consistently enforce its campus policies in cases where Jewish and Israeli students were the victims of harassment. The complaint further accuses the university of failing to discipline faculty and staff who endorsed student demonstrations by canceling class or dismissing students early to allow them to participate. The DOJ asks the court to: declare that the university has discriminated against Jewish and Israeli students in violation of Title VI; order the university to enforce its policies and impose discipline on students and faculty who violate those policies; declare the university is in material breach of its contracts and assurances of compliance under Title VI; rescind and award the United States restitution of all federal grant payments made during the period of alleged noncompliance; and appoint an independent outside monitor, approved by the government, to ensure compliance with all injunctive and equitable relief ordered by the court.
Topics:
Discrimination, Accommodation, & Diversity | Race and National Origin Discrimination | Religious Discrimination & Accommodation | Student Speech & Campus Unrest | StudentsDate:
Hansen v. The Lutheran Univ. Ass’n. (N.D. Ind. Mar. 19, 2026)
Opinion and Order Granting Defendants’ Motion for Summary Judgment. Plaintiff, the former Assistant Director of Building Services at Valparaiso University, sued the university alleging violation of the Family Medical Leave Act (FMLA) after his position was eliminated while he was on medical leave. The court granted summary judgment for the university, finding the university had presented unrebutted evidence that it had eliminated plaintiff’s position as part of a “planned restructuring” prior to his request for FMLA leave while noting plaintiff failed to provide evidence this rationale was pretextual. In reaching its decision, the court explained that the FMLA does not guarantee reinstatement when an employee would have been terminated regardless of leave and cautioned that suspicious timing alone is insufficient to establish retaliation.
Topics:
Discrimination, Accommodation, & Diversity | Faculty & Staff | Family and Medical Leave Act (FMLA) | Family Educational Rights and Privacy Act (FERPA) | Privacy & Transparency | RetaliationDate:
ACE Issue Brief on Military Education Partnerships Under Review (Mar. 19, 2026)
The American Council on Education (ACE) published an issue brief outlining recent Pentagon actions that affect military education partnerships with colleges and universities and examining the potential implications for institutions and service members. The issue brief details the three programs affected so far: (1) selected senior service college fellowships; (2) some graduate-level military education placements; and (3) certain certificate and fellowship programs.
Topics:
Financial Aid, Scholarships, & Student Loans | StudentsDate:
Department of Education and Department of the Treasury Federal Student Assistance Partnership (Mar. 19, 2026)
The Department of Education (ED) and the Department of the Treasury announced that they have entered into a new joint agency agreement that will shift responsibilities for defaulted student loans from ED’s Federal Student Aid (FSA) office to the Treasury and outlined plans to outsource additional FSA responsibilities in future phases. According to the press release, the Federal Student Assistance Partnership will “enhance the administration of Federal student aid programs . . . and facilitate the return of defaulted borrowers to repayment.” Treasury will now assume operational responsibility for collecting defaulted federal student loan debt and provide operational support to ED’s efforts to return borrowers to repayment. A fact sheet on the new interagency partnership can be found here.
Topics:
Financial Aid, Scholarships, & Student Loans | StudentsDate:
Education and Workforce Committee Release Report on Antisemitism in Higher Education (Mar. 17, 2026)
The Education and Workforce Committee published a report on antisemitism in higher education, the result of ongoing committee investigations and hearings on the topic which began in late 2023. The report calls on university leaders to do more to combat antisemitism on their campuses including adopting a robust definition of antisemitism, strengthening policies governing campus protests and ensuring consistent enforcement of those policies, and ensuring that university governing boards are engaged and intellectually diverse. The report also recommends that Congress pass the Civil Rights Protection Act, the Defending Education Transparency and Ending Rouge Regimes Engaging in Nefarious Transactions Act (DETERRENT) and legislation requiring U.S. universities to make their syllabi at their overseas and satellite campuses publicly available.
Topics:
Discrimination, Accommodation, & Diversity | Race and National Origin Discrimination | Religious Discrimination & Accommodation | Student Speech & Campus Unrest | StudentsDate:
Massachusetts, et al. v. Department of Education, et al. (D. Mass. Mar. 11, 2026)
Complaint for Declaratory and Injunctive Relief. Plaintiffs, a coalition of states, sued the Department of Education challenging the new Admissions Consumer Transparency Supplement (ACTS) survey, alleging that the survey’s reporting requirements are contrary to law, exceed the Department’s statutory authority, and violate the Administrative Procedure Act (APA). The complaint asserts that this new survey is the largest expansion in the history of Integrated Postsecondary Education Data System (IPEDS) survey and, because the reporting requirements were adopted without notice-and-comment rulemaking, the Department’s actions are arbitrary and capricious. The complaint contends that the Department’s intentions with ACTS is to “fundamentally change IPEDS, converting it from a reliable tool for methodical statistical reporting to a mechanism for law enforcement and the furthering of partisan policy aims.” Plaintiffs further allege that (1) the Department is violating the Paperwork Reduction Act by imposing a large-scale data collection requirement without required approval, and (2) the request for years of admissions data places substantial administrative burdens on institutions while risking the disclosure of sensitive student information. On March 13, plaintiffs’ request for a Temporary Restraining Order (TRO) was granted, extending the deadline to complete the ACTS survey “through March 25, 2026 . . . without prejudice to a further extension of the deadline or other preliminary relief as justice may require.”
Topics:
Admissions | StudentsDate:
ACE Summary of Proposed Regulations on Workforce Pell Grant Program (Mar. 9, 2026)
The American Council on Education (ACE) published a summary of the Department of Education’s March 9, 2026 proposed regulations implementing provisions of the One Big Beautiful Bill (OBBB) Act related to the new Workforce Pell program and updating regulations governing the administration of the Pell Grant program.
Topics:
Financial Aid, Scholarships, & Student Loans | StudentsDate:
Department of Education Issues Proposed Rulemaking to Implement New Workforce Pell Grant Program (Mar. 6, 2026)
The Department of Education announced that it has issued a Notice of Proposed Rulemaking (NPRM) to implement the new Workforce Pell Grant program included in the One Big Beautiful Bill Act (OBBBA). Among its provisions, the NPRM would (1) allow students to receive Pell Grants for eligible workforce programs that consist of 150-599 hours of instruction and take 8-14 weeks to complete; (2) set additional eligibility requirements for the approval of a workforce program, including approval by a Governor; and (3) establish certain accountability benchmarks such as job placement rates and a value-added earnings measure. Comments are due by April 8, 2026.
Topics:
Financial Aid, Scholarships, & Student Loans | Students
NACUA Annual Conference
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