• Bribery,  Universities

    “Varsity Blues” and Lou Reed

    Two practical, timely articles on the “Varsity Blues” matter from my Lightfoot colleagues. First, Tenley Armstrong and Henry Gimenez in University Business: Revelations from the Justice Department’s recent “Operation Varsity Blues” admissions investigation—and resulting indictments—have rocked the college landscape. In its wake, all institutions of higher education should assess the implications of the scandal and reevaluate the compliance measures in place to prevent similar conduct on their campuses. Read the entire article: After “Operation Varsity Blues,” universities must reevaluate compliance Then, Brandon Essig and Brian Kappel in Law360: All changed last week with the DOJ’s announcement that it had again used the same mob-fighting toolkit to investigate and bring criminal…

  • Internal Investigations,  Parallel Proceedings,  Universities

    Title IX, University Discipline, Sexual Assault and Parallel Proceedings

    A short — 140 seconds — note on the thickets of Title IX, sexual assault, university discipline and parallel procedures: University Discipline, Sexual Assault and Parallel Proceedings from LFW on Vimeo. Here’s a longer written piece: Dear Colleagues All: University Discipline, Sexual Assault and The Department of Education And, should anyone doubt the human costs involved in the mishandling of such investigations, one only need to recall disgraced prosecutor Mike Nifong and the Duke lacrosse case, as highlighted by Ed Bradley and 60 Minutes:

  • Parallel Proceedings,  Universities

    Dear Colleagues All: University Discipline, Sexual Assault and The Department of Education

    Title IX. Crime. Sexual assault. University disciplinary procedures. Civil litigation. Enormous amounts of money. The Fifth Amendment. And that’s all before you hire a lawyer. This is a perilous time for university disciplinary systems and those who administer them, especially with regard to claims of sexual assault.  A college or university can find itself in the midst of – indeed, at the helm of – a set of quasi-criminal parallel proceedings that can make the school liable to student complainants, student respondents and federal enforcement authorities. How does this happen, and what are the factors to keep in mind to minimize that exposure? Disciplinary systems and educational missions have been…