Tag: seeking

  • A TNE policy primer for anyone seeking new funding streams

    A TNE policy primer for anyone seeking new funding streams

    Keir Starmer’s trade mission to India this week sees the Prime Minister accompanied by 14 vice chancellors and other university representatives.

    They have joined the delegation, according to Number 10,

    in recognition of the explosion in demand for higher education in India – with 70 million places needed by 2035, which has created a huge opportunity for UK universities seeking new funding streams.

    The last couple of years have seen a loosening of restrictions on overseas campuses in India and a corresponding piling in from universities in the UK, US, Australia and elsewhere, in particular within the new Edu City development in Navi Mumbai. On the UK side, Southampton, Surrey, York, Aberdeen, Bristol and Liverpool have either opened a new campus or received the go-ahead from India’s University Grants Commission to move forward with plans for one, whether in the new education hub area or elsewhere.

    The government seems keen to trumpet UK higher education’s growing overseas presence as an economic win for the country and the institutions involved. It has also shrewdly observed that some UK universities are indeed “seeking new funding streams.” The future looks bright for TNE then – right?

    Overdue refreshments

    There’s a school of thought which says the government’s long-delayed international education strategy refresh will lean into transnational education, although exactly what this would entail is unclear – probably more trade delegations and better intertwining of the sector’s efforts with wider diplomatic work, rather than anything as flashy as a student number target.

    Jacqui Smith suggested this would be the case in remarks to the House of Lords back in December – admittedly this was when the updated strategy was due to arrive in “early spring”:

    If we look, for example, at the value of transnational education, where UK universities have sites in or relationships with other countries, we see a growing sector, and these are all areas that we will want to look at in the international education strategy.

    This way of thinking is perhaps stimulated by the unlikelihood of Labour’s vision for the strategy being particularly bullish in any other area. A new international student number target is surely off the cards, and while there may be aspirations around overall education export totals, such a large slice of this comes from international students’ fees and living expenses that it’s tricky to be realistic about increases if numbers don’t return to growth.

    About the only thing we do know at this point about the new strategy is that it will be co-led by the Foreign Office as well as DfE and the Department for Business and Trade (the Home Office still doesn’t seem to be closely involved with the strategy – history suggests that it will suddenly have thoughts at a later date).

    And while the UK trade strategy, launched just before the summer, made only passing reference to education, more recently the business department has continued funding for the QAA to address “regulatory barriers to the growth of UK higher education in priority nations.”

    Doing things leanly

    The future regulatory environment has begun to look more promising too, with new Office for Students chair Edward Peck telling the education committee back in March that increased scrutiny of TNE would not be a priority:

    I think there may be ways of doing things more leanly, which is why I want to explore the legal framework, as I noted. There may be some things that at the moment just are not a priority. The one that has been raised with me by the sector is the interest in more regulatory activity around transnational education. I would want to explore with the OfS why that was thought to be a priority at this moment, given everything else that is going on.

    The regulator’s draft free speech guidance had left the territorial extent of the new requirements somewhat vague, leading to some pointed consultation responses from sector representatives as to why they should very much not apply elsewhere in the world. But the finalised guidance in June 2025 put it bluntly:

    HERA does not require providers or constituent institutions to take steps to secure freedom of speech in respect of their activities outside England.

    Plus earlier this year OfS (and Medr) announced that providers would not be required to submit individualised TNE learner data to the HESA student record “until further notice”, backtracking on earlier plans intended to provide a better understanding of the quality and standards of TNE provision and thus assist the regulator to “more effectively protect the interests of these students.” The regulatory outlook for TNE looks light-touch for the foreseeable future.

    The Industry and Regulators Committee inquiry into OfS was told that the regulator’s falling-out with the QAA was putting at risk future transnational education partnerships involving English providers. But the recent glut of new campuses and programmes seems to bely these fears.

    Sovereign glut

    To pick out a few recent examples, the last year or so has seen new overseas campuses (opening or announced) involving Exeter in Egypt, Lancaster in Indonesia, Keele and York in Greece, and all the ones in India mentioned above. There is plenty more action besides – and plenty of TNE which doesn’t follow the more eye-catching branch campus model.

    Around 20 per cent of UG and PGT students registered for a higher education award are now based overseas in one form or another of TNE. We’re rapidly approaching the inflection point where there are more TNE students in UK higher education than there are international students travelling over here (in fact we may have already passed this important moment, we just don’t have timely enough data to tell us).

    Despite the occasional fears that there are reputational skeletons lurking in the overseas activities of UK universities, the media spotlight is rarely turned their way. We get the occasional scare story when the Telegraph is told the student numbers involved, or occasional deeper digging when an overseas partner becomes too involved in geopolitics – but these are relatively few and far between, as opposed to the incessant drumbeat of negative coverage for many other higher education issues.

    At the risk of breaking the unwritten Wonkhe rule of not writing up imagined HE futures for the second time in a week, you can see a world 20 years hence in which transnational higher education has gone from strength to strength, with UK universities having continued to grow their overseas offer, and the proportion of higher education students whose awards come from institutions outside their country of study ticking ever upwards.

    The UK can benefit from its huge pool of expertise in getting programmes off the ground – and plenty of experience in what can go wrong, if it’s able to learn from it. If the government leans in, the regulators stay largely unengaged, and the press generally continues to ignore the detail of what happens elsewhere in the world – it feels plausible.

    Rescue me

    But there are clearly challenges. Jisc’s new survey of staff and student digital experiences in TNE is a rare window into actual teaching and learning environments at a decent scale (more than 5,000 responses from a wide variety of countries and provision types).

    Staff and students alike reported fairly widespread problems logging into university systems, accessing e-books, journals and software, and restrictions to certain apps or websites. One-third of teaching staff said that unreliable wifi negatively affects student learning – a “significant proportion” of TNE students were found to be paying cellular data costs to access learning resources via smartphones. Of the teaching staff surveyed, only 32 per cent said that most or all students had an understanding of acceptable use of generative AI.

    It’s not all directly about tech either. Students highlighted unclear marking criteria, especially for those learning online, and some mentioned a lack of feedback. The report has two examples (both in China) of students being placed in “potential danger” from the government due to political content of their past or present assignments. There’s an example of synchronous content from the UK being packaged up as an asynchronous programme for learners abroad in a way that hardly screams high quality.

    Some of the issues that emerge are simply around the challenges of delivering university study which is ever more designed around access to tech in places which suffer from moderate to high digital poverty. But others – and it’s these you’d be interested in if prognosticating about future trends in TNE – revolve more around the extent to which the world is becoming more or less technologically, and intellectually, open. You wouldn’t want to bet the farm on models of learning which suppose that internet access internationally is going to become more open, or that the same countries’ companies will continue to enjoy the same access to developing markets that they have over the last decade or so.

    The problems aren’t all insurmountable – the Jisc report emphasises the opportunities of transnational licensing agreements and the importance of the sector setting up publisher agreements in a way that doesn’t forget that it has thousands of students in different domiciles.

    If regulators began to take a closer interest in TNE student experience (and other topics such as assessment and feedback, or academic freedom), the report spells out some areas where there would be a greater impetus for action. Though many of these issues have not really been effectively tackled for UK-based students either.

    Travelling long haul

    Practicalities of staff and student experiences aside, there are plenty of sensible reasons why TNE isn’t a policy solution to the UK higher education sector’s wider funding challenges, a claim the government seems to be flirting with in its trade deal boosterism.

    The chance to relitigate the question of how much it costs to deliver higher education, and at what fee, to students studying in their home country is an enticing one, given how the various UK governments have boxed universities in from doing so here. There may be more margin available in some instances – but there are certainly plenty of examples of institutions losing more than they put in, even if they are not public-spirited enough to fess up and enhance everyone else’s understanding of what not to do.

    The long-term stability of programmes is unclear too. The risk of big geopolitical upheaval changing the landscape in one fell swoop is fairly well-trodden ground at this point (even if it still gets ignored in planning) but smaller policy changes – take Malaysia’s recently instituted tax on international students as but one example – can also make the difference between viability and non-viability. Another clear direction of travel in global TNE is competition: countries who have typically been hosts pivoting into setting up their own initiatives. Transnational education might be ubiquitous in global HE in 2050, but this doesn’t translate to UK institutions necessarily enjoying an ever-upward trajectory.

    The other point that gets largely overlooked is what this hypothetical boom in TNE looks like across the sector – it’s surely unrealistic to see all, or even most, universities with mature transnational offers a couple of decades hence, in the same way that other export industries don’t have a plethora of successful UK actors on the world stage. A more compelling prediction would be a relatively modest number of institutions getting TNE “right” for the longer-term, leaving the others to focus on all that stuff the government wants but doesn’t fund: more civic and local focus, the (re)building of links to local economies and businesses, an ever more ambitious role in enabling opportunity in the UK on a shoestring.

    So TNE might well be an enormous part of UK higher education’s future – but you’d have to predict that for many individual universities it will certainly not be, however much the government might want to trumpet its potential role as a new funding stream. This complicates any efforts to use it as a policy plug for a sector taking on water.

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  • Some States Are Seeking to Deregulate Child Care. Advocates Are Fighting Back – The 74

    Some States Are Seeking to Deregulate Child Care. Advocates Are Fighting Back – The 74


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    Content warning: This story includes details of an infant’s death.

    After Democrats passed the American Rescue Plan in 2021, states were flush with federal funding to help prop the child care sector up. But that money is now all gone, and as Republicans in Congress threaten to pass spending cuts that could further shrink state budgets, lawmakers are trying to find solutions to the child care crisis that don’t cost money. 

    Many have proposed changing the mandated ratios that require a certain number of early educators to care for young kids. Nearly a dozen states have considered rolling back child care regulations, including those governing staff-to-child ratios.

    But while these deregulatory bills are common, it’s not a foregone conclusion that they will pass. Advocates in three states have been able to beat back these efforts in the legislative sessions that just wrapped up by mobilizing a wide variety of people to speak up against these proposals and deploying research-backed arguments about child safety and child care supply.

    Eliminating Ratios Entirely 

    Idaho advocates faced down the most extreme bill. In its original form, HB243 would have eliminated all requirements that limit the number of young children an early educator can care for, leaving it up to individual providers. It would have been the first state in the country to take such a step. 

    Advocates had very little time to fight back. The bill got fast tracked; there was less than 24 hours’ notice before the first public hearing on it in the House. “You can’t get child care providers and parents there in that amount of time,” said Christine Tiddens, executive director of Idaho Voices for Children, a nonprofit that advocates for child-focused policies, noting that it requires moving work schedules and getting people to cover shifts. The bill sailed through the House.

    Eventually, Tiddens said, they were able to put parents and providers in front of lawmakers to warn of the negative consequences. One of those parents was Idaho resident Kelly Emry. On June 10, 2024, she got a panicked call from the home-based child care provider where she had just started sending her 11-week-old son Logan. She dashed to the provider’s home and was told he was dead. The coroner’s report later confirmed he died from asphyxiation. According to Emry, the coroner said the provider put him down for a nap between a rolled up blanket and a pillow and left him there for hours. The provider was caring for 11 kids by herself that day, putting her out of compliance with state regulations that, at the time, required at least two staff members. 

    “It was completely preventable, and that’s what’s so hard for me to come to terms with,” Emry said in a podcast interview in January.

    Emry wasn’t the only one who spoke up. Once the bill got to the Senate, advocates packed the hearing and overflow rooms with several hundred people. Among the 40 people who signed up to testify, 38 opposed the bill. Baby Logan’s uncle spoke, as did pediatricians, fire marshals, nurses, the state police, child welfare experts, child care providers and parents. Lawmakers were flooded with thousands of calls and emails from the opposition. Tiddens made sure every senator was sent the podcast interview with Emry.

    The bill passed the Senate committee by a single vote. Advocates decided to try to stop the worst elements, knowing that the bill was likely to pass in some form. They asked a senator who opposed it to “throw a Hail Mary,” Tiddens said. When the bill came to the Senate floor, he asked for unanimous support to pull it and move it into the amending process. He got it. The original elimination of staff-to-child ratios was stripped out; instead, the bill preserved ratios, albeit higher ones than before. Under previous law, Idaho ranked at No. 41 among all states for how high its ratios were; now it has dropped even further to No. 45.

    The victory is “bittersweet,” Tiddens said. She attributes it almost solely to one thing: putting parents, not just businesses and child care providers, in front of lawmakers, which led to the moving account of Logan’s family, still in the midst of raw grief. “How could you listen and not have your heart changed?” Tiddens asked.

    Doubling Family Child Care Ratios

    Advocates in Maryland have fought back against legislation to loosen staff-to-child ratios twice now. Last year, lawmakers introduced a bill to raise the ratios in family child care settings, but it died thanks to “a lot of advocacy,” said Beth Morrow, director of public policy at the Maryland Family Network, a nonprofit focused on child care. As in Idaho, the American Academy of Pediatrics and fire marshals warned about what would happen in the case of emergencies. Children under 2 years old are “not capable of self-preservation,” Morrow pointed out; they might hide when a fire alarm goes off and can’t evacuate on their own. “If there is an emergency you have to be able to get these kids out,” she said.

    The idea returned this year in House Bill 477, this time coupled with looser ratios for center-based care. Family providers are currently allowed to care for eight children but no more than two under the age of 2; the legislation would have doubled that, allowing providers to watch as many as four children under the age of 1. That was a “nonstarter,” Morrow said. It would also have been the first time that these rules were dictated by lawmakers rather than by the Maryland State Department of Education, which would have been barred from changing them in the future. 

    So advocates marshalled research, with the help of national groups including the National Association for the Education of Young Children and Center for Law and Social Policy. They highlighted that there has been no evidence that stricter child care regulations lead to reduced supply. Lawmakers seemed moved by the argument that lower ratios support better health and safety for children.

    During the markup session, the chief sponsor amended the bill by striking the language about higher ratios; instead, the version that passed requires the Department of Education to study child care regulations with an eye toward alleviating barriers for providers.

    Ratio Increases by Another Name

    In Minnesota, lawmakers took a different approach to proposing changes to the number of staff required to care for young children this session. Their legislation avoided mentioning the term “ratios” at all. Instead, the issue was presented as an exemption for in-home child care providers caring for their own children as well. The legislation originally would have exempted as many as three of the providers’ own children from the number they are licensed to watch. “That’s a direct ratio increase, no way around that,” said Clare Sanford, vice president of government and community relations at New Horizon Academy, a child care and preschool provider. “You still have the same number of adults but you’re increasing the number of children that adult is responsible for.”

    In later drafts, the number of children who could be exempted kept being reduced. In the end the legislation didn’t get a standalone vote and the language was left out of the final state budget. The argument that Sanford thinks worked the best was that increasing ratios wouldn’t actually increase child care supply. That’s because, as a brief by NAEYC argues, they will lead to more burnout among providers, which will push them to leave and, in the end, reduce available child care spots.

    The fight is far from over. Advocates in all three states expect lawmakers to try to loosen staff-to-child ratios again next session. Tiddens fears that, although Idaho didn’t eliminate ratios, the idea could spread. “Idaho has often been a frontrunner for harmful legislation,” she said. On the whole, more of these laws have been signed than stopped, said Diane Girouard, state policy senior analyst at ChildCare Aware of America. Ratio deregulation bills pop up “in some states every single year,” she said. “This isn’t just unique to red, conservative states. It has happened in blue states, it has happened in purple states.”

    Advocates who oppose raising these ratios are formulating responses to the child care crisis that preserve safety standards without requiring state funding. In Maryland, for example, Morrow’s organization helped pass a bill that removes legal barriers to opening and operating family child care programs. The hope is that with more solutions on the table to increase child care supply, states won’t look to options that erode safety standards, such as increasing ratios. 

    Tiddens has vowed to fight back. “We’re not going away, and we’re going to show up next session with our own proposal,” she said. Her coalition plans to formulate a bill for next year that “prioritizes child safety at the same time as dealing with the child care shortage,” she said.


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  • Presidential Proclamation Suspends Entry of Foreign Nationals Seeking to Enroll at Harvard – CUPA-HR

    Presidential Proclamation Suspends Entry of Foreign Nationals Seeking to Enroll at Harvard – CUPA-HR

    by CUPA-HR | June 5, 2025

    On June 4, 2025, President Trump issued a presidential proclamation suspending the entry of foreign nationals who seek to enter the United States to begin a course of study, conduct research or participate in an exchange visitor program at Harvard University. The proclamation invokes sections 212(f) and 215(a) of the Immigration and Nationality Act and is set to expire six months from the date of issuance unless extended.

    This action follows the Department of Homeland Security’s May 22, 2025, announcement terminating Harvard’s Student and Exchange Visitor Program (SEVP) certification. That earlier DHS action is currently under a temporary restraining order issued by the U.S. District Court for the District of Massachusetts.

    Key Provisions

    • The proclamation suspends and limits entry for foreign nationals who seek to enter the United States on F, M or J visas in order to begin study or participate in a program at Harvard University.
    • The suspension applies only to new entrants seeking to begin a course of study or program at Harvard on or after the date of the proclamation.
    • The suspension does not apply to foreign nationals enrolled at other institutions, nor does it apply automatically to current Harvard students already in the United States.
    • The secretary of state may consider whether current Harvard students in F, M or J status should have their visas revoked under the Immigration and Nationality Act §221(i).
    • Exceptions may be granted if the secretary of state or secretary of homeland security determines that a particular individual’s entry would be in the national interest.
    • A review is required within 90 days to assess whether the suspension should be extended or modified.

    The proclamation also directs federal agencies to consider additional operational steps, including potential limitations on Harvard’s continued participation in SEVP and the Student and Exchange Visitor Program (SEVIS). It references recordkeeping and reporting obligations under existing regulations and states that these obligations are necessary to support national security and immigration enforcement.

    CUPA-HR will monitor for additional updates on this and related developments.



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  • CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    by CUPA-HR | April 8, 2025

    On April 4, CUPA-HR joined the American Council on Education and 14 other higher education associations on a letter to Department of State (DoS) Secretary Marco Rubio and Department of Homeland Security (DHS) Secretary Kristi Noem seeking additional information on the agencies’ policy and planned actions for international students and scholars.

    The letter states that additional clarity is sought after reports that student visas are being revoked without additional information being shared with institutions where those students attend. According to the letter, such reports include messages to international students about their visas being revoked and requesting that they self-deport without providing additional information about the process to appeal such decisions. The letter argues that these actions hinder institutions’ ability to best advise their international students and scholars on what is happening.

    In order to provide more clarity to institutions, the higher education associations request that DoS and DHS schedule a briefing with the impacted community to better understand the actions being taken by the agencies. The briefings could provide the opportunity to understand the administration’s actions in this space and to allow the higher education community to better understand how they can best help address issues of national security.

    CUPA-HR will share any updates from these agencies related to the international student and scholar news and requests set forth in this letter.



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  • The government wants to financially bludgeon those seeking to defend constitutional rights

    The government wants to financially bludgeon those seeking to defend constitutional rights

    A new White House directive to heads of executive departments and agencies threatens to make it prohibitively expensive for Americans to defend the Constitution in court. The memo “directs” the departments and agencies to “demand” that courts make those seeking injunctions against federal actions “cover the costs … incurred if the Government is ultimately found to have been wrongfully enjoined.”

    The move could not be more transparent in attempting to scare off potential litigants challenging executive orders or other federal actions of questionable constitutionality.

    The White House deems this necessary because “activist organizations” are supposedly “inserting themselves into the executive policy making process” and have “obtained sweeping injunctions.” The administration claims Rule 65(c) of the Federal Rules of Civil Procedure mandates security bonds for all preliminary injunctions and temporary restraining orders to protect against the prospect of a later judicial ruling that the defendant was improperly enjoined.

    But this is misleading. That literal reading of the rule may make sense in the mine-run of private disputes, like claims in commercial contexts. But courts have long recognized exceptions for public-interest litigation, especially when it comes to those seeking to protect constitutional rights. In other words, “activist groups” like FIRE and the clients we proudly defend.

    Our free speech protections safeguard us from government incursion, they do not extend “rights” — that is, protection — to government actors.

    It’s bad enough Rule 65 already exempts “the United States, its officers, and its agencies” from the bond requirement if they win a preliminary injunction, and that the feds also avoid the obligation the Civil Rights Act imposes on state actors to pay attorney fees if a party sues to correct a constitutional violation and wins. But to insist on payment by a party challenging the constitutionality of government action — after that party has shown likelihood of succeeding on the claim, as is required for a preliminary injunction — clearly seeks to buck the case law on public interest litigation. In the name of disincentivizing challenges to constitutionally suspect federal action, no less. 

    And that’s just wrong — the government should not be in the business of financially punishing those who seek to vindicate their constitutional rights, or of erecting extra barriers to being able to do so. 

    FIRE made the same point in our recent friend-of-the-court brief filed with the U.S. Court of Appeals for the Ninth Circuit in U.S. News v. Chiu. In that case, San Francisco’s city attorney took issue with U.S. News’ annual hospital rankings and launched a “false advertising” investigation that included subpoenas demanding, among other things, that the publisher disclose its ranking methodology and supporting documents. 

    So U.S. News challenged the subpoenas in court as retaliation against its protected speech. But the city attorney sought to dismiss the case as a meritless “strategic lawsuit against public participation” (SLAPP) under California’s anti-SLAPP law and sought attorney fees, as the statute allows for prevailing defendants. Troublingly, the court bought it, dismissing the case and ordering U.S. News to pay. 

    Just one problem: Anti-SLAPP laws protect defendants from frivolous lawsuits alleging defamation or similar claims that are designed not necessarily to prevail, but to silence or punish the exercise of free speech rights. And state actors operating in official roles do not exercise free speech rights at all, but rather, government powers, as the Sixth Circuit recently reaffirmed. Our free speech protections safeguard us from government incursion, they do not extend “rights” — that is, protection — to government actors, which is who wield the powers from which protection is needed. Exactly like those the city attorney wielded in subpoenaing U.S. News.

    That’s why, when U.S. News appealed, FIRE’s  brief argued the district court was wrong to award fees in granting the city attorney’s anti-SLAPP motion. Giving government officials anti-SLAPP protection serves only to chill people from challenging unconstitutional and illegal government actions, thus threatening the very rights that anti-SLAPP laws seek to protect. 

    The White House’s new directive suffers from the same chilling problem. If agencies insist that courts make people put up or shut up by having to cover potentially ruinous federal governmental costs if they preliminarily succeed in challenging unconstitutional behavior, then naturally fewer plaintiffs (and organizations that represent them) will be willing and able to vindicate First Amendment rights in court. 

    That would leave all of us less free. 

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  • National College Players Association Files Charges Seeking Employee Status for Student-Athletes – CUPA-HR

    National College Players Association Files Charges Seeking Employee Status for Student-Athletes – CUPA-HR

    by CUPA-HR | February 17, 2022

    On February 8, the National College Players Association (NCPA), an advocacy association for college athletes, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the University of Southern California, the University of California, Los Angeles (UCLA), the Pac-12 Conference and the National Collegiate Athletic Association (NCAA).

    The charges allege that the employers have violated the National Labor Relations Act (NLRA) by “repeatedly misclassifying employees as ‘student-athlete’ nonemployees” and “by maintaining unlawful rules and policies in its handbook, including restricting communications with third parties.” The charges mark the launch of the NCPA’s #JforJustice campaign and aim “to affirm college athlete employee status for every [Football Bowl Subdivision (FBS)] football player and Division I basketball player at every public and private university in the nation,” per an NCPA statement.

    This is the latest development regarding issues surrounding employment status of student-athletes since NLRB General Counsel Abruzzo issued a memorandum last September stating her position that student-athletes are employees under the NLRA and are therefore afforded all statutory protections as prescribed under the law. In that memo, Abruzzo stated that it was her intent to “educate the public, especially Players at Academic Institutions, colleges and universities, athletic conferences and the NCAA” about her position in future appropriate cases.

    The NCPA charges potentially provide Abruzzo with a case she can present to the NLRB to consider granting collective bargaining rights to college athletes. In 2015, the last time the NLRB considered the issue, it declined to assert jurisdiction over Northwestern football players, as doing so “would not promote labor stability [because the] board does not have jurisdiction over state-run colleges and universities” that make up the majority of the FBS. The NCPA charge seeks to overcome this jurisdictional obstacle by including the privately-held Pac-12 and NCAA as joint employers of UCLA’s athletes — a theory of liability Abruzzo said she would consider applying in appropriate circumstances.

    Now that the charges have been filed, an NLRB regional director will review the case and determine whether formal action should be taken and presented to an administrative law judge, which would preside over a trial and issue a decision that could ultimately be taken up by the five-member board.

    CUPA-HR will be paying close attention to this case and provide members updates as it progresses.



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