Tag: Actions

  • Federal Actions Loom Large at NACUBO Conference

    Federal Actions Loom Large at NACUBO Conference

    NATIONAL HARBOR, Md.—Just outside of Washington, D.C., across the Potomac River, Capitol Hill cast a shadow over the annual meeting of the National Association of College and University Business Officers, where concerns over federal funding and policy changes were palpable among attendees.

    At panels and in side conversations during the three-day meeting, held at the sprawling Gaylord National Resort and Convention Center, attendees swapped strategies, drilled into pressing issues and commiserated over pressures on the sector wrought by both the political environment and a business model that is strained in many places. Representatives of a diverse mix of institutions from across the nation attended, but common challenges emerged: They worry about the impact of looming federal policy changes, which they expect to add pressure to institutions already grappling with financial challenges related to enrollment declines, high tuition discount rates and other issues.

    Here’s a recap of themes and moments that emerged from the conference.

    ‘Fear, Anxiety and Contempt’

    At a packed panel covering recent activity out of Washington, NACUBO vice president for policy and research Liz Clark noted the strains business officers are feeling amid a “tumultuous year” marked by a flurry of federal actions, including the passage of the so-called One Big Beautiful Bill Act, pushed by President Donald Trump, which included various provisions for higher education.

    The legislation, signed earlier this month, caps some student loans while eliminating the Grad PLUS program, limits repayment options and requires programs to pass an earnings test for attendees to access federal student loans, among other provisions, including changes to the endowment tax. Passed on a partisan line with Republicans under pressure to deliver Trump’s signature legislation, Clark noted it is just one action—albeit a significant one—that has reshaped higher education this year.

    Clark added that 2025 has “brought a lot of fear, anxiety and contempt” as colleges navigate restrictions on diversity, equity and inclusion programs; cancellation of federal grants and contracts; and various state laws that have “created a challenging environment” for the sector.

    “I feel like we have, this year, been dealing with everything, everywhere, all at once,” Clark said.

    Clark noted that despite the concerns she highlighted, the One Big Beautiful Bill Act, which she abbreviated “Bubba,” and other policies that were proposed could have hit higher education much harder. One example she offered was the endowment tax, which in the final bill fell far short of what House Republicans initially proposed.

    But in another panel on tax reform, Clark suggested that the endowment tax could still be revised in ways that resemble earlier proposals and would have affected more universities and at higher rates.

    “Don’t forget that ideas never die in Washington,” Clark warned.

    Legal Perspectives

    A panel of higher education lawyers also weighed in on current challenges for the sector.

    Kate Hudson, deputy vice president and counsel for government relations and public policy at the Association of American Universities, warned at the start that the session would not have “a whole lot of good news.” Given the rapid pace of changes from the federal government, she also offered a caveat: “Anything I say today could be out of date in 72 hours.”

    Hudson noted that campus attorneys are dealing with multiple actions from the federal government, such as federal funding freezes and far-reaching executive orders, as the Trump administration seeks to reshape everything from academic research to college admissions.

    “I don’t think it is too dramatic to say that this is a wholesale renegotiation by force of the government-academia partnership,” Hudson said. “I don’t think that’s an overstatement.”

    Jen Gartner, deputy general counsel at the University of Maryland, argued that the relationship between the federal government and research institutions shifted from “extremely collaborative and collegial” to a suddenly “adversarial approach” that has left universities flummoxed. That strain has particularly been felt around grants, which she said have often been terminated for unclear reasons. She also said the federal government has provided unclear information on such cancellations, sometimes providing contradictory statements in the same termination notice.

    And as higher education attorneys have sought answers, she said, they’ve reviewed few.

    “It’s not just that universities don’t know what to do—agencies don’t know what to do, either, and [staff are] not picking up the phone or responding to emails if they’re even still there,” Gartner said.

    Related to research, Hudson also warned that Trump administration’s scrutiny of international students, which includes now vetting their social media posts for evidence of hostility toward the U.S. government and culture, also has the potential to harm the sector.

    “It’s not an overestimation to say that threats … to legal immigration, to your campuses, do present an existential threat to the academic research enterprise itself at a time when [research and development] budgets and graduates from STEM degrees in our competitors, such as China, are off the charts and reaching new heights,” she said. “International students will go elsewhere.”

    Hudson added that the AAU has not historically focused on immigration law, but that has suddenly shifted amid the threats to international students and faculty.

    A Hard Year Ahead?

    Inside Higher Ed also hosted a panel at this year’s conference to discuss the results of the 15th annual Survey of College and University Chief Business Officers, released last week. That survey, conducted in partnership with Hanover Research, found college business officers confident in the long-term outlook but worried about their financial situation in the near future.

    Most respondents believe their institutions will be in worse financial shape next year. Only 43 percent expressed the belief that their institution would be in better shape next year. But Rick Mills, president and CEO of United Educators, was skeptical about the sentiment that financial situations will improve by next year given the various challenges discussed at the conference.

    “At one level, I take heart in the optimism,” Mills remarked. “I think it’s what keeps all of us going, and what gets you to work in the morning, and perhaps, in the end, helps us solve the problem. On the other hand, it strikes me as slightly fantastical thinking in the current environment.”

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  • Federal Judge Blocks Trump Administration’s Actions to Dismantle Department of Education – CUPA-HR

    Federal Judge Blocks Trump Administration’s Actions to Dismantle Department of Education – CUPA-HR

    by CUPA-HR | May 29, 2025

    On May 22, a federal judge in the U.S. District Court of Massachusetts issued a preliminary injunction to block the Trump administration from taking action to close the Department of Education (ED). Specifically, the court order blocks the Trump administration from “carrying out the reduction-in-force” at ED previously announced and from implementing the executive order directing the secretary of education to “take all necessary steps to facilitate the closure of the Department of Education.”

    Several Democrat-led states, school districts and teachers unions filed lawsuits challenging the Trump administration’s reduction in force (RIF) at the department, arguing that the RIF would prohibit ED from carrying out its statutory functions. In the order enjoining the Trump administration from enforcing its RIF, the federal judge sided with the plaintiffs, granting the preliminary injunction because the plaintiffs “have shown that they are likely to suffer irreparable harm in the form of financial uncertainty and delay damaging student education … impeded access to vital knowledge upon which students, districts, and educators rely, and … loss of essential services provided by the office of Federal Student Aid and the Office for Civil Rights.”

    As a result of the preliminary injunction, the Trump administration and ED are blocked from carrying out the reduction in force and implementing the order to close the department. The administration is also blocked from reinstating the reduction in force and executive order under a different name. ED is also directed to reinstate federal employees who were terminated or eliminated on or after January 20, 2025, as part of the RIF, and the Department of Education and the administration are required to file a status report describing the steps they have taken to comply with the order.

    Soon after the preliminary injunction was issued, the Trump administration filed an appeal to the 1st U.S. Circuit Court of Appeals. Further decisions are pending, and CUPA-HR will continue to monitor for updates from the appeals court.



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  • Faculty Protest Actions Against Trump Spark Backlash

    Faculty Protest Actions Against Trump Spark Backlash

    Jim West/UCG/Universal Images Group/Getty Images

    While many professors across the U.S. have protested federal funding cuts and other attacks on higher education by President Donald Trump and his campaign donor and aide Elon Musk without incident, two faculty members are now facing sharp scrutiny for their actions on and off campus.

    At the University of Wisconsin–Eau Claire, José Felipe Alvergue, who chairs the English Department, is on leave after he allegedly flipped a table Tuesday set up by the College Republicans to encourage support for Brad Schimel in the Wisconsin Supreme Court race. A video posted by UW–Eau Claire’s College Republicans chapter showed the aftermath of the incident and accused Alvergue (who had not yet been identified when it was uploaded) of being a “violent” supporter of Susan Crawford, the Democratic-backed candidate who later won the race Tuesday.

    “I am deeply concerned that our students’ peaceful effort to share information on campus on election day was disrupted,” UW–Eau Claire interim provost Michael Carney wrote in a statement to Inside Higher Ed. “UW–Eau Claire strongly supports every person’s right to free speech and free expression, and the university remains committed to ensuring that campus is a place where a wide variety of opinions and beliefs can be shared and celebrated. Civil dialogue is a critical part of the university experience, and peaceful engagement is fundamental to learning itself.”

    Carney added that campus officials are working with the Universities of Wisconsin system and its Office of General Counsel, “which is conducting a comprehensive investigation of this matter.”

    The incident prompted broad criticism, particularly from conservatives, many of whom called for the professor to be immediately fired.

    “Outrageous. Yet sadly what many conservatives [sic] students deal with every day on so many campuses,” Scott Walker, a former Republican governor of Wisconsin, wrote on social media.

    Alvergue did not respond to a request for comment.

    On the other side of the country, a part-time lecturer at California State University, Fresno, has prompted outrage in conservative quarters over her social media posts, FOX26NEWS reported. Katherine Shurik, who teaches anthropology, allegedly posted an image of Trump in a casket with the caption “I have a dream for this to happen much sooner rather than later” and another of a gravestone with his name on it and a caption reading, “and take Musk and the rest of the Nazi (Republican) party members with you too!” Additionally, in a video of Shurik circulated by conservative influencers, she said students will “get extra credit for coming to the protest.” Some local news sites reported the extra credit was for protesting Tesla, owned by Musk.

    The university was quick to distance itself from Shurik’s posts this week.

    “While Fresno State firmly believes in the principles of free speech, we strongly condemn the abhorrent social media posts and comments made by one of our part-time instructors,” Fresno State officials wrote in a Tuesday statement. “As these views were published by the employee as a private citizen, they do not represent our university in any way. Fresno State firmly denounces wishes of death against any elected official, particularly the President of the United States—these go against our core educational values and are not consistent with our Principles of Community. As Americans and educators, we pride ourselves on democratic dialogue, not words of derision and contempt about the most important political figure of our country.”

    Shurik did not respond to a request for comment from Inside Higher Ed.

    Multiple social media users called for Fresno State to fire Shurik ,and local officials have also weighed in, including Gary Bredefeld, a member of the Fresno County Board of Supervisors.

    “This is a professor at Fresno State posting about her longing for the deaths of President Trump, Elon Musk and Republicans. These are the unhinged radicals teaching our young kids at schools and universities across the country,” he wrote in a Sunday post on Facebook. “People like this are hate-filled, radical lunatics and have no business teaching anywhere. I would expect the President of Fresno State to address this immediately and denounce these postings.”

    Even Musk himself noticed the uproar.

    “Calling for the death of the President is a serious crime,” he wrote in a reply to a post about Shurik.

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  • DOL Accelerates Regulatory Actions – CUPA-HR

    DOL Accelerates Regulatory Actions – CUPA-HR

    by CUPA-HR | July 25, 2023

    The Department of Labor (DOL) has accelerated release of proposed and final regulations as the agency strives to meet the self-imposed deadlines in the Biden administration’s Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda). Multiple DOL sub-agencies are issuing rules and proposed rules in July and August on independent contractor classification, overtime pay exemptions, workplace inspections, and workplace injuries.

    Overtime Pay Exemptions

    As previously reported, on July 12, DOL’s Wage and Hour Division (WHD) sent to the White House Office of Information and Regulatory Affairs (OIRA) a proposed rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees” (1235-AA39) for review. OIRA is part of the Office of Management and Budget (OMB) and is charged with reviewing the costs and benefits of regulatory actions. In the Regulatory Agenda, DOL targeted August for release of a Notice of Proposed Rulemaking (NPRM) on overtime exemptions. OIRA review signals DOL is trying to publish the NPRM at or close to that deadline.

    While the content of the proposed rule has not yet been released to the public, we expect that the proposal will increase the minimum salary an individual must be paid to qualify as a bona fide executive, administrative, and professional employee exempt from the Fair Labor Standards Act (FLSA)’s minimum wage and overtime pay requirements.

    WHD first announced that it planned to “update the salary level requirement of the section 13(a)(1) exemption” to overtime pay requirements within the FLSA in the Fall 2021 Regulatory Agenda (125-AA39). In early 2022, CUPA-HR and other employer groups requested that DOL hold stakeholder meetings before issuing any regulations. DOL held these meetings, and employer groups urged DOL to delay moving forward with changes to the overtime rule, which DOL did until July 12 when it sent the proposal to OIRA.

    While OIRA may take up to 90 days to conduct a review, the agency generally completes review within 30 to 60 days. In the meantime, as with any proposed rule under review, OIRA is accepting input from stakeholders who would like to voice their potential concerns with the rulemaking. CUPA-HR will be requesting a meeting to reiterate the objections made to the rule in letters that CUPA-HR and other associations have sent to DOL since the introduction of the proposal in the Fall 2021 Regulatory Agenda. Most recently, CUPA-HR and 103 other signatories sent a letter to DOL in May 2023, requesting the abandonment or, at minimum, postponement of the anticipated overtime regulation due to the supply chain disruptions, workforce shortages, inflationary pressures, and shifting workforce dynamics that are already prevalent and could be exacerbated by the rulemaking. CUPA-HR has also participated in several DOL listening sessions on the matter.

    Independent Contractor Classification 

    WHD announced in the Spring 2023 Regulatory Agenda that it plans to release the final rule for “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (1235-AA43) in August. While DOL has not sent the rule to OIRA yet, we expect it will do so any day now. WHD published the original NPRM on October 13, 2022, and allowed the public to provide comments on the proposal until December 13, 2022. Although DOL has not released the text of the final rule, we expect it will be substantially similar to the NPRM and will replace the existing Trump-era rule (1235-AA34) issued on January 7, 2021.

    In evaluating whether a worker is an employee or independent contractor under the FLSA, the courts and DOL have long considered the following five factors: the opportunity for profit or loss; investment and permanency; the degree of control held by the employer over the worker; whether the work is an integral part of the employer’s business; and skill and initiative. In the Trump-era 2021 rule, DOL concluded two of the five identified factors — the nature and degree of control over the worker and the worker’s opportunity for profit or loss — are most probative in the analysis and should be considered “core factors” given additional weight. DOL asserted that this streamlined approach was consistent with how courts had historically applied the five-factor test. The 2021 rule also explained that whether the work is “integral to the employer’s business” depends on whether the work is part of an integrated unit of production and not whether the work is critical, necessary or central to the employer’s business, as the latter is subjective, confusing and difficult to apply.

    DOL now asserts that the 2021 rule does not fully adhere to the text and purpose of the FLSA and thus intends to replace it with the new method outlined in the NPRM. This new method would shift away from the core factors test to a test in which the factors are all weighted equally and given full consideration. In addition, the DOL is reversing its position on the interpretations and clarifications of factors in the 2021 rule, including the aforementioned clarification on the integral factor.

    Many in the business community filed comments opposing the NPRM and supporting the 2021 rule, and we expect that some of those same groups will challenge DOL’s final rule in court if it is substantially similar to the proposal.

    Workplace Walkarounds 

    On July 17, the Occupational Safety and Health Administration (OSHA) sent the “Worker Walkaround Representative Designation Process” (1218-AD45) rule to OIRA for review. As mentioned above, this is an initial step in releasing the proposed rule, the target date for which was June. Again, we are not certain how long the OIRA review process will take, and OIRA is allowing for meetings with individuals and organizations interested in this NPRM.

    Under current rules, a union may designate an employee to accompany an OSHA inspector during their facility walkaround. According to the Regulatory Agenda, this NPRM would allow an employee representative to accompany the OSHA inspector, regardless of whether that representative is a direct employee of the company subject to inspection.

    Workplace Injuries and Illnesses 

    On July 17, OSHA released the text of the “Improve Tracking of Workplace Injuries and Illnesses” (1218-AD40) final rule, which was published in the Federal Register on July 21. DOL had projected in the Regulatory Agenda that it would release the rule in June 2023.

    The rule amends OSHA’s occupational injury and illness recordkeeping requirements to mandate that certain employers electronically submit specified workplace injury and illness reports to OSHA on an annual basis. More specifically, the new rule will require employers with 100 or more employees in certain industries to electronically submit content from their OSHA Forms 300 and 301 once a year. To be included in the requirements, industries must meet certain criteria that establish them as high hazard. Meanwhile, employers with 20 or more employees in designated industries will continue to be required to electronically submit content from their OSHA Form 300A annually. Finally, employers with 250 or more employees in any industry will need to continue submitting content from their Form 300A on an annual basis.

    OSHA plans to publicize the data from the annual electronic submissions. The data would be inputted to a searchable database after removing anything that could help identify the individuals in the reports. Employers will not be required to submit to OSHA details from Forms 300 and 301 related to employees’ names or addresses, the healthcare professionals involved, or the facilities where treatments were provided. In addition to these reporting requirements, the rule also updates the NAICS codes used by OSHA to select which industries should be included in these reporting obligations.

    CUPA-HR will continue to keep members apprised of further details concerning the DOL’s advancement of its Spring 2023 Regulatory Agenda, along with opportunities for advocacy.



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  • White House Announces Actions to Attract STEM Talent – CUPA-HR

    White House Announces Actions to Attract STEM Talent – CUPA-HR

    by CUPA-HR | February 7, 2022

    On January 21, President Biden announced several agency programs at the Department of State (DOS) and Department of Homeland Security (DHS) to help international STEM students and researchers access certain non-immigrant visas to allow them to study and work in the United States. The programs aim to admit and retain more international scholars to help advance STEM competitiveness in the U.S.

    Department of State

    The first announced program was DOS’s Early Career STEM Research Initiative. The initiative will facilitate engagement between J-1 visa recipients coming to the U.S. to participate in STEM research with host organizations, including businesses. Additionally, the department also announced new guidance to allow J-1 visa recipients in STEM fields to obtain up to 36 months of optional practical training. According to the announcement, the guidance will be applicable for exchange students in the 2021-2022 and 2022-2023 academic years, so long as the students meet certain academic training requirements.

    Department of Homeland Security

    Of significance, the president’s announcement also included a decision by DHS to add 22 new fields of study in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The program permits F-1 students earning bachelors, masters and doctorate degrees in certain STEM fields to remain in the United States for up to 36 months to complete OPT after earning their degrees. DHS issued a notice in the Federal Register announcing the specific fields of study added to the designated list of STEM fields.

    Additionally, the United States Customs and Immigration Services (USCIS) issued guidance “to clarify how USCIS evaluates evidence to determine eligibility for O-1A non-immigrants of extraordinary ability, with a focus on persons in science, technology, engineering or mathematics (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within the beneficiary’s area of extraordinary ability or achievement.”

    CUPA-HR will keep members apprised of any further updates to these programs and any additional policies and guidance documents impacting student visas as released by President Biden and Congress.



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