Cases & Developments - National Association of College and University Attorneys

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Latest Cases & Developments

Date:
1/31/2025
NACUBO On Your Side: (Jan. 27, 2025)
Summary from the National Association of College and University Business Officers on legislative and regulatory actions that occurred from January 7-27, 2025. This summary highlights: (1) NACUBO endorsed the Government Finance Officers Association’s (GFOA) data brief, “Built by Bonds” that highlights the importance of tax-exempt municipal bonds in financing infrastructure projects; (2) The U.S. Department of Education updated its FAQ on Financial Responsibility to add clarity around reporting year changes and possible impacts to compliance audit submissions; (3) President Donald Trump’s Executive Order aimed at terminating DEI and Affirmative Action Programs; (4) the IRS released guidance on the Clean Vehicle Credit; (5) the IRS announced tax relief for those impacted by the California Wildfires, including colleges and universities located in Los Angeles County; (6) the Federal Trade Commission (FTC) published final regulations to scale back regulatory language on disclosures for fees; (7) the Department of Education reopened the reporting process for the Financial Value Transparency and Gainful Employment (FVT/GE) regulations until February 18, 2025; and (8) in its final days the Biden administration reminded institutions of misrepresentation rules and applicability to third-party services through a Dear Colleague Letter.
Topics:
Accreditation, Authorizations, & Higher Education Act
Date:
1/29/2025
Department of Defense Memorandum on Restoring America’s Fighting Force (Jan. 29, 2025)
The U.S. Department of Defense (the Department) published a Memorandum for Senior Pentagon Leadership titled: “Restoring America’s Fighting Force.” The Memorandum states that diversity, equity, and inclusion (DEI) policies, as defined in the January 27, 2025, Executive Order are incompatible with the values of the Department and the Department will strive to provide merit-based, color-blind, equal opportunities to Service members but will neither guarantee nor strive for equal outcomes. The Memorandum was published in accordance with Executive Order: “Restoring America’s Fighting Force” which formally prohibited any preference or disadvantage for any individual or a group within the Armed Forces on the basis of sex, race, or ethnicity. Additionally, the Memorandum states that the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) will establish a Task Force to oversee the elimination of any program, element, or initiative that was established to promote “divisive concepts” as defined in Executive Order 13950 of September 2020 (“Combating Race and Sex Stereotyping”), or “gender ideology” as defined in Executive Order of January 2025 (“Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”). The Task Force will report on actions taken by the Department to terminate DEI initiatives by March 1, 2025, and issue a final report on June 1, 2025.
Topics:
Admissions | Discrimination, Accommodation, & Diversity | Gender Identity & Sexual Orientation Discrimination | Race and National Origin Discrimination | Students
Date:
1/28/2025
Protecting Children from Chemical and Surgical Mutilation (Jan. 28, 2025)
Executive Order: “Protecting Children from Chemical and Surgical Mutilation.” This Executive Order directs that “it is the policy of the United States that it will not fund, sponsor, promote, assist, or support the … ‘transition’ of a child from one sex to another” and that the Federal government “will rigorously enforce all laws that prohibit or limit these … life-altering procedures.” The EO (1) denounces the World Professional Association for Transgender Health’s “Standards of Care Version 8” guidelines for gender-affirming care for minors; (2) directs the Secretary of Health and Human Services (HHS) to both “publish a review of the existing literature on best practices for promoting the health of children” and “withdraw HHS’s March 2, 2022, guidance document titled ‘HHS Notice and Guidance on Gender Affirming Care, Civil Rights and Patient Privacy;’” and (3) instructs “[t]he head of each executive department or agency [] that provides research or education grants to medical institutions, including medical schools and hospitals, shall, consistent with applicable law and in coordination with the Director of the Office of Management and Budget, immediately take appropriate steps to ensure that institutions receiving Federal research or education grants end the chemical and surgical mutilation of children.”
Topics:
Discrimination, Accommodation, & Diversity | Employee Benefits | Faculty & Staff | Gender Identity & Sexual Orientation Discrimination | Health Care & Insurance | Sex Discrimination
Date:
1/24/2025
Removing Barriers to American Leadership in Artificial Intelligence – The White House (Jan. 23, 2025)
Executive Order: Removing Barriers to American Leadership in Artificial Intelligence. This Executive Order revokes Executive Order 14110: Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order charges the Assistant to the President for Science and Technology (APST) the Special Advisor for AI and Crypto, and the Assistant to the President for National Security Affairs (APNSA), in coordination with the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Director of the Office of Management and Budget (OMB Director) with developing an action plan to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security within 180 days of the Order.
Topics:
Cybersecurity | Data Privacy | Distance Learning | Privacy & Transparency | Technology
Date:
1/24/2025
Restoring Freedom of Speech And Ending Federal Censorship – The White House (Jan. 20, 2025)
Executive Order: Restoring Freedom of Speech and Ending Federal Censorship. This Executive Order prohibits federal officers, employees, or agents from censoring protected speech, as well as the use of federal resources to restrict free speech. The Order further charges the Attorney General, in consultation with the heads of executive departments and agencies, to investigate the activities of the Federal Government over the last four years for inconsistencies with this Order and prepare recommendations for appropriate remedial actions.
Topics:
Constitutional Issues | First Amendment & Free Speech
Date:
1/24/2025
Realigning the United States Refugee Admissions Program – The White House (Jan. 20, 2025)
Executive Order: Realigning the United States Refugee Admissions Program. This Executive Order suspends the U.S. Refugee Admissions Program (USRAP) and is set to take effect Jan. 27, 2025. The Order permits the Secretary of State and the Secretary of Homeland Security to jointly determine to admit aliens to the US as refugees on a case-by-case basis, at their discretion. Resumption of entry of refugees under the USRAP will be reconsidered within 90 days following a report from the Secretary of Homeland Security and the Secretary of State. Finally, the Order revokes Executive Order 14013: Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.
Topics:
Immigration | International Students
Date:
1/24/2025
Protecting The Meaning And Value Of American Citizenship – The White House (Jan. 20, 2025)
Executive Order: Protecting the Meaning and Value of American Citizenship. This Executive Order instructs that no department or agency of the United States government shall issue documents recognizing U.S. citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize U.S. citizenship to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth. The Order only applies to persons who are born within the U.S. thirty days subsequent to issuance of the Order. The Secretary of State, Attorney General, Secretary of Homeland Security, and the Commissioner of Social Security will all regulate the Order. The Order mandates the heads of all executive departments and agencies to issue public guidance within thirty days of the Order.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students
Date:
1/24/2025
Protecting The American People Against Invasion – The White House (Jan. 20, 2025)
Executive Order: Protecting the American People Against Invasion. This Executive Order requires the Attorney General and the Secretary of Homeland Security to jointly establish the Homeland Security Task Force (HSTF) in all states nationwide. The Order prioritizes the enforcement of the Immigration and Nationality Act (INA) and directs the Attorney General to prioritize prosecution of criminal offenses of people who are undocumented. The Order directs the Department of Homeland Security to ensure the efficient and expedited removal of people who are undocumented from the United States and to construct detention facilities pending the outcome of their removal proceedings. The Order requires the Attorney General and Secretary of Homeland Security to review, and if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to people who are undocumented. The Order narrows the scope of designations for Temporary Protected Status and finally, the Order states that all “Sanctuary Jurisdictions” will no longer receive federal funds. This Order rescinds Executive Order 13993: Revision of Civil Immigration Enforcement Policies and Priorities; Executive Order 14010: Creating a Comprehensive Regional Framework to Address the Causes of Migration throughout North and Central American and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border; Executive Order 14011: Establishment of Interagency Task Force on the Reunification of Families; and Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students
Date:
1/24/2025
Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government – The White House (Jan. 20, 2025)
Executive Order: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. This Executive Order states that it is the policy of the United States to recognize two sexes, male and female, and such sexes are not changeable. The Order states that the Executive Branch will enforce all sex-protective laws and further specifies definitions for “sex,” “women,” “men,” “female,” “male,” “gender ideology,” and “gender identity.” The Order requires that within thirty days, the Secretary of Health and Human Services shall provide the U.S. Government, external partners, and the public with clear guidance expanding on the sex-based definitions set forth in the Order. The Order further requires the Secretaries of State and Homeland Security, as well as the Director of Office of Personnel Management to implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, to reflect the holder’s sex, as limited by the Order. Among other things, the Order requires Agencies to take all necessary steps, as permitted by law, to end the Federal funding of “gender ideology” and charges the Attorney General with issuing guidance to agencies to correct the “misapplication” of the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020) to sex-based distinctions in agency activities. The Order requires that Federal funds shall not be used to promote gender ideology. Further, the Order rescinds several prior Executive Orders and guidance resources from both the White House and the Department of Education on Transgender Equality and Inclusive Environments for LGBTQI+ students. Finally, the Order requires that a proposed bill drafted by the Assistant to the President is expected to be introduced within thirty days of the Order with intent to codify the definitions in the Order.
Topics:
Athletics & Sports | Gender Equity in Athletics
Date:
1/24/2025
Ending Radical And Wasteful Government DEI Programs And Preferencing – The White House (Jan. 20, 2025)
Executive Order: Ending Racial and Wasteful Government DEI Programs and Preferencing. This Executive Order terminates all “discriminatory” programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear. The Order also terminates all “environmental justice” offices and positions (including but not limited to “Chief Diversity Officer” positions), as well as all “equity” actions, initiatives, or programs, “equity-related” grants or contracts. Finally, the Order charges deputy agency or department heads to assess the operational impact and cost of the prior administration’s DEI and environmental justice programs and policies and then recommend actions to align agency or department activities and policies with respect to the Order.
Topics:
Diversity in Employment | Faculty & Staff

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