Tag: Documents

  • UNC Campuses Split on Whether Syllabi Are Public Documents

    UNC Campuses Split on Whether Syllabi Are Public Documents

    Photo illustration by Justin Morrison/Inside Higher Ed | Liudmila Chernetska and Davizro/iStock/Getty Images

    As right-wing groups increasingly weaponize Freedom of Information Act requests to expose and dox faculty members who teach about gender, race and diversity, University of North Carolina system campuses are split over whether syllabi and other course materials should be subject to public records requests.

    In July, officials at the University of North Carolina at Chapel Hill determined that the documents are not automatically subject to such requests after the Oversight Project, founded by the conservative think tank the Heritage Foundation, requested that the university hand over any course materials from more than 70 classes that contained one of 30 words or phrases, including “gender identity,” “intersectionality,” “queer” and “sexuality.” Officials ultimately denied the request, writing, “There are no existing or responsive University records subject to disclosure under the North Carolina Public Records Act. Course materials, including but not limited to exams, lectures, assignments and syllabi, are the intellectual property of the preparer.”

    The requested materials are protected by copyright policies, a UNC Chapel Hill spokesperson told Inside Higher Ed. “The university has a longstanding practice of recognizing faculty’s intellectual property rights in course materials and does not reproduce these materials in response to public records requests without first asking for faculty consent,” they wrote in an email.

    But an hour’s drive west, at the University of North Carolina at Greensboro, officials decided just the opposite. Professors were asked to hand over their spring 2025 syllabi in response to a Freedom of Information Act request earlier this fall, said Chuck Bolton, a professor of history at UNC Greensboro and chair of the Faculty Senate. He is among dozens of faculty members who were asked to upload their syllabi into a central database.

    “The Public Records Act is inclusive in its coverage and unless there is an explicit exception, which this is not, it is covered,” UNC Greensboro spokesperson Diana Lawrence said in an email. “As a matter of public policy, transparency should take [precedence] over questions where there is doubt and we do not believe that the Federal Copyright Act provides a specific exemption or preempts what has been passed in state law.”

    Which university is interpreting the law correctly? It’s hard to know, said Hugh Stevens, an attorney who specializes in public records and FOIA law and litigation at the law firm Stevens Martin Vaughn & Tadych. There is no case law specific to this question, and the answer likely depends on how different course materials—from lecture notes to syllabi to course descriptions—are defined under the law.

    “It’s probably a matter of degree,” Stevens said. “Something that you post online for your class to read, it’s pretty hard to say those are not subject to [public records requests]. But on the other hand, the materials that you use to prepare to teach your class, but which are never published to anybody, are certainly, in my view, copyrightable and proprietary.”

    For years, UNC Greensboro put syllabi online as part of an accreditation requirement, said Jeff Jones, a history professor and head of the institution’s American Association of University Professors chapter. After the university’s website was redesigned and accreditation procedures changed, the syllabi were no longer posted.

    The UNC system doesn’t have a policy that specifies how syllabi are treated under open-records laws, leaving the decision up to individual campuses. The policy “does not discuss distribution of course materials” and “essentially covers the basic functions and procedures involved with records requests,” said UNC system spokesperson Andy Wallace.

    But the system does define copyrightable works, which include coursework produced by faculty members, Wallace added.

    Lawrence, the Greensboro spokesperson, did not respond to questions about whether the university’s records request was also from the Oversight Project and whether it has already provided the material. The FOIA request has not been made public, but Bolton, the history professor, believes it’s a narrower request than what UNC Chapel Hill received and that it is focused exclusively on syllabi.

    The opposing interpretations of the law from two universities in the same public system have left faculty confused and worried about their safety as right-wing groups rifle through course materials for any terminology they don’t like, usually related to gender identity, sexuality or race. Faculty members at Texas A&M University, the University of Houston and George Mason University, among others, have been targeted and sometimes threatened on social media for their instruction and teaching materials. Bolton said he knows of several UNC Greensboro faculty members who have been doxed.

    “Faculty have been upset and scared and freaked out about it, because there are people that seem to be [making FOIA requests] because they are trying to create gotcha moments by taking certain things out of context,” he said.

    Michael Palm, an associate professor of media and technology studies and cultural studies at UNC Chapel Hill, said in an email that while many faculty are glad Chapel Hill decided not to release the requested course materials, some expressed frustration about the lack of transparency. “We were disappointed when we learned through news reports that UNC Chapel Hill’s lawyers had decided not to respond to the requests, rather than having that decision communicated to us by administrators,” he said.

    Some professors are also concerned about how long and how vigorously the university will continue to protect faculty. “We are all concerned about the increasing political interference into our classrooms and attempts to quash our academic freedom,” said Erik Gellman, a history professor at Chapel Hill.

    Bolton, at UNC Greensboro, has similar worries.

    “This is a tough time for universities,” he said. “There are a lot of attacks coming from a lot of different directions, and that increases the anxiety and anger on behalf of the faculty, because we know that these kinds of things are not being done just because people want to find out what’s on our syllabus for intellectual reasons. They’re doing it for more nefarious reasons.”

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  • Documents from US Department of Education (Federal Register)

    Documents from US Department of Education (Federal Register)

    Notices

    Agency Information Collection Activities; Proposals, Submissions, and Approvals:

    Streamlined Clearance Process for Discretionary Grants
    FR Document: 2025-13011
    Citation: 90 FR 30895
    PDF Pages 30895-30896 (2 pages)
    Permalink
    Abstract: In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).

    Clarification of Federal Public Benefits under the Personal Responsibility and Work Opportunity Reconciliation Act

    FR Document: 2025-12925
    Citation: 90 FR 30896
    PDF Pages 30896-30901 (6 pages)
    Permalink
    Abstract: The U.S. Department of Education (Department) issues this interpretation to revise and clarify its position on the classification of certain Department programs providing “Federal public benefits,” as defined in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. The Department concludes that the postsecondary education programs and “other similar benefit” programs described within this interpretive rule, including adult…

    Notices

    Hearings, Meetings, Proceedings, etc.:

    Committee and Quarterly Board
    FR Document: 2025-13008
    Citation: 90 FR 30893
    PDF Pages 30893-30895 (3 pages)
    Permalink
    Abstract: This notice sets forth the agenda, time, and instructions to access the National Assessment Governing Board’s (hereafter referred to as the Board or Governing Board) standing committee meetings and quarterly Governing Board meeting. This notice provides information to members of the public who may be interested in attending the meetings and/or providing written comments related to the work of the Governing Board. The meetings will be held either in person and/or virtually, as noted below….

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  • Documents from Education Department (includes 90/10 Rule and Income-Driven Repayment)

    Documents from Education Department (includes 90/10 Rule and Income-Driven Repayment)

    Rules

    Classification of Revenue under Title IV

    FR Document: 2025-12554
    Citation: 90 FR 29734
    PDF Pages 29734-29737 (4 pages)
    Permalink
    Abstract: The U.S. Department of Education (Department) is revising its prior interpretation and clarifying its classification of revenue received by a proprietary institution of higher education under the Title IV Revenue and Non-Federal Education Assistance Funds regulations called the “90/10 Rule”.

    Notices

    Agency Information Collection Activities; Proposals, Submissions, and Approvals:

    Impact Aid Program—Application for Section 7002 Assistance
    FR Document: 2025-12529
    Citation: 90 FR 29854
    PDF Pages 29854-29855 (2 pages)
    Permalink
    Abstract: In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).
    Impact Aid Program—Application for Section 7003 Assistance
    FR Document: 2025-12530
    Citation: 90 FR 29855
    PDF Page 29855 (1 page)
    Permalink
    Abstract: In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).

    Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs; Correction

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  • EEOC and DOJ Issue Technical Assistance Documents on Unlawful DEI-Related Discrimination

    EEOC and DOJ Issue Technical Assistance Documents on Unlawful DEI-Related Discrimination

    by CUPA-HR | March 20, 2025

    On March 19, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) released two technical assistance documents intended to educate “the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The two documents aim to inform the public about how civil rights rules and laws like Title VII of the Civil Rights Act of 1964 apply to employment policies, programs and practices, including those labeled or framed as “DEI.”

    Title VII prohibits employment discrimination based on protected characteristics, including race, color, religion, sex or national origin. As the agencies note in both documents, DEI is a broad term that is not defined under statute. The technical assistance explains that DEI practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated in whole or in part by an employee’s race, sex, or other protected characteristic. The agencies emphasize that Title VII’s protections apply equally to all racial, ethnic, and national origin groups, as well as both sexes, and that unlawful discrimination may exist no matter which employees are harmed.

    Technical Assistance Document #1: The EEOC describes what DEI-related discrimination looks like.

    The first document, “What To Do If You Experience Discrimination Related to DEI at Work,” explains how DEI-related practices may manifest as discrimination under Title VII.

    • Title VII bars disparate treatment: Any employment action motivated in whole or in part by race, sex, or another protected characteristic that is taken in the context of the terms, conditions, or privileges of employment may be unlawful.*
    • Title VII prohibits limiting, segregating, and classifying: Any action taken that limits, segregates, or classifies employees based on race, sex, or other protected characteristics in a manner affecting their status or depriving them of employment opportunities may be unlawful. Examples of these practices include the establishment of workplace groups (employee resource groups or employee affinity groups) that limit membership to a protected group or groups, as well as the separation of employees into groups based on a protected characteristic when administering trainings or other privileges of employment. The document makes clear that the latter may still violate Title VII even if the separate groups receive the same training or programming content.
    • Title VII prohibits workplace harassment: Workplace harassment is illegal when it results in an adverse change to a term, condition, or privilege of employment, or it is so frequent or severe to reasonably be considered intimidating, hostile, or abusive. The document explains that DEI training may give rise to a hostile work environment claim and that harassment may occur when an employee is subject to unwelcome remarks or conduct based on protected characteristics.
    • Title VII prohibits employer retaliation: The agencies explain that reasonable opposition to a DEI training may constitute protected activity if the employee provides a fact-specific basis for their belief that the training violated Title VII, and that an employer may not retaliate if an employee participates in an EEOC investigation or files an EEOC charge.

    The document reaffirms that Title VII protects employees, potential and actual applicants, interns, and training program participants. It directs individuals who suspect to have experienced DEI-related discrimination to contact the EEOC “promptly” as claimants have 180 to 300 days to file a claim depending on whether a state or local agency enforces a law that prohibits employment discrimination on the same basis.

    Technical Assistance Document #2: The EEOC answers additional questions about DEI-related discrimination in the workplace.

    The second technical assistance document, titled “What You Should Know About DEI-Related Discrimination At Work,” expands upon the information provided in the technical assistance document discussed above and answers a number of additional questions on how Title VII intersects with DEI-related practices in the workplace.

    Notably, the document addresses questions surrounding employers’ DEI-related considerations of race, sex, and other protected characteristics when the protected characteristic wasn’t the “sole or deciding factor” for the employers’ action. The document states that “race or sex (or any other protected characteristic under Title VII) does not have to be the exclusive (sole) reason for an employment action or the ‘but-for’ (deciding) factor for the action” for there to be unlawful discrimination. Additionally, the agencies explain that workers only need to show “some injury” or “some harm” affecting their terms, conditions or privileges of employment to allege a colorable claim of discrimination under Title VII.

    The document also makes clear that an employer may not justify an employment action simply on the basis that they have a business necessity or interest in “diversity” as Title VII prohibits employers from using business necessity as a defense against intentional discrimination claims. Likewise, the agencies explain that “client or customer preference is not a defense to race or color discrimination” and that “basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination.”

    CUPA-HR will continue to monitor for updates related to Title VII enforcement from the EEOC.


    *The terms and conditions of employment include: hiring; firing; promotion; demotion; compensation; fringe benefits; exclusion from training; exclusion from mentoring or sponsorship programs; exclusion from fellowships; selection for interviews (including placement on candidate slates).



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  • Department of Education’s OCR Issues Resource Documents on Title IX Compliance for Athletic Programs – CUPA-HR

    Department of Education’s OCR Issues Resource Documents on Title IX Compliance for Athletic Programs – CUPA-HR

    by CUPA-HR | March 1, 2023

    On February 17, the Department of Education’s Office for Civil Rights (OCR) issued three resource documents on Title IX compliance for school athletic programs. The first resource document covers support for equal opportunity in school athletic programs generally, while the other two cover Title IX and athletic opportunities at K-12 schools and colleges and universities separately.

    According to the OCR, these documents were designed “to help students, parents, coaches, athletic directors and school officials evaluate whether a school is meeting its legal duty to provide equal athletic opportunity regardless of sex,” and they provide examples of situations that may mean a school is not complying with Title IX requirements. The guidance does not make any changes to existing enforcement procedures for the OCR, rather, it is intended to be used by institutions to ensure that their existing protocols and programs are compliant with Title IX.

    Supporting Equal Opportunity in School Athletic Programs

    The first resource document reiterates Title IX’s prohibition of discrimination on the basis of sex in education programs and activities, including athletic programs, that receive federal funds. It states that Title IX requires schools to effectively accommodate the athletic interests and abilities of their students regardless of sex, and provide equal opportunity in the benefits, opportunities and treatment provided for their athletic teams. It also clarifies that Title IX requires colleges and universities to not discriminate on the basis of sex in the provision of any athletic scholarships or financial assistance to students.

    The resource document included four examples of situations that may surface Title IX concerns at colleges and universities, which are listed below:

    • The men’s teams at a college receives new athletic apparel and gear each year, while the women’s teams must use old apparel and purchase some of their own equipment.
    • Across its entire athletic program, a college awards disproportionately more athletic financial assistance to men than women.
    • A university provides funds for its coaches to recruit athletes for its men’s football and basketball teams because it considers those teams to be “flagship sports.” It provides no funds for coaches to recruit women athletes. As a result, the school has difficulty attracting women to participate in its athletic program.
    • Women are underrepresented in a university’s athletic program compared to their representation in the student body. The university would have to offer 54 additional spots for its women students on existing or new teams for women to have substantially proportionate athletic participation opportunities. Women have expressed an interest in having more teams, and there are women students participating in club sports for which there are no varsity teams. Those club sports include lacrosse, water polo, ice hockey and bowling — all of which have intercollegiate competitions available and are sanctioned by the athletic governing body the university belongs to. Yet, the university has not added a women’s team for many years.

    Title IX and Athletic Opportunities in Colleges and Universities

    The resource document designed specifically for institutions of higher education dives deeper into background information on Title IX, as well as ways that students, coaches, athletic directors and school officials can evaluate a school’s athletic program and whether it’s meeting its legal requirements to provide equal athletic opportunity. With respect to the evaluation, the document guides readers with questions and examples of Title IX compliance with respect to the benefits, opportunities and treatment for men’s and women’s teams; athletic scholarships and financial assistance, and meeting students’ athletics interests and abilities.

    Benefits, Opportunities and Treatment for Men’s and Women’s Teams

    With respect to equivalent benefits, opportunities and treatment for men’s and women’s teams, the resource document lists several questions about an institution’s attempts to provide equal opportunities to both men and women student-athletes. These questions surround the following topics:

    • Equipment and supplies
    • Scheduling games and practice time
    • Travel and daily allowances
    • Coaching
    • Academic tutors
    • Locker rooms, fields, courts and other facilities for practice and competition
    • Medical and training facilities and services
    • Housing and dining services
    • Publicity
    • Recruitment

    The resource document explicitly states that if any of the questions listed under these topics is answered as a “no,” it may indicate a possible Title IX violation.

    Athletic Scholarships and Financial Assistance

    The document also creates questions that may be used to assess a school’s provision of scholarships and athletic financial assistance. The questions help guide users to measure the percentage of women and men participants at their institution and the percentage of scholarship awards provided to women and men, and it lists questions and examples to help compare these percentages. These questions may again point to disparities among programs that could be potential violations of Title IX, but the OCR states that it “will take into account all legitimate, non-discriminatory reasons for disparities provided by the school” if there are disparities present between percentages awarded to men’s and women’s programs.

    Meeting Students’ Athletic Interests and Capabilities

    The resource document refers to the “three-part test” that institutions may use to demonstrate that all Title IX legal requirements are being fulfilled. Schools are only required to use one of three options to show compliance with Title IX, which are detailed in the document and briefly listed below:

    • Option 1: Substantial Proportionality — This option looks to whether the percentage of women and men participants on athletic teams are about the same as, or “substantially proportionate” to, the percentage of women and men enrolled as full-time undergraduates at your school.
    • Option 2: History and Continuing Practice — This option looks to whether your school can show it has a history and continuing (i.e. present) practice of expanding its athletic program to respond to the interests and abilities of women, if women have been underrepresented, or if men have been underrepresented.
    • Option 3: Interests and Abilities of Students — This option asks whether your school can show that — despite the disproportionality — it is otherwise meeting the interests and abilities of the underrepresented sex.

    The resource document states that following longstanding practice for showing Title IX compliance — if an institution is unable to use any of the three options to show compliance with Title IX — may not be meeting legal requirements to provide equal opportunity to participate in athletics based on sex under Title IX.

    Options for Filing Complaints for Title IX Violations

    Both the general support and higher education-specific documents end their guidance with ways in which students, parents, employees and others in the school community may file Title IX complaints through their school’s grievance procedures if they believe their institution is not providing equal athletic opportunity based on sex. The documents first turn readers to their institution’s Title IX coordinator, but also provides the option to file a complaint online with the OCR. It also clarifies that anyone is able to file complaints with the OCR, which may include individuals outside of the school community.

    CUPA-HR will continue to monitor for any updates to Title IX compliance and will keep members apprised of any updates with respect to Title IX law and regulations.



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