What follows are regulatory and policy updates, as well as instructive legal case updates that we hope will provide a useful education for the common good.
NEW POLICIES ANNOUNCEMENT FOR OCTOBER 2021
Dickinson College has recently added some new policies and changed multiple institutional policies. They are briefly described below and can be read in greater detail by either visiting the Office of General Counsel webpage and clicking the Updates tab on the left, or by going to the policy manual by signing onto the Gateway, clicking on the Employee tab on the left and then clicking on the Campus Policy Manual link on the right.
Remote Work Policy - Recognizing that remote work can improve productivity and job performance, as well as promote administrative efficiencies, reduce traffic congestion, emissions and transportation costs, support continuity of operations plans and sustain the recruitment and retention of a highly qualified workforce, the College has adopted a Remote Work Policy. While the majority of positions at Dickinson College require staff to be on campus to support the residential student experience, the college also considers remote work for staff to be a viable alternative work arrangement in certain, specific circumstances which, when properly implemented and administered, benefit both the college and the employee.
Parental Leave Policy - The Parental Leave Policy, which enables employees to care for and bond with a newborn or a newly adopted or newly placed child, has been updated to clarify the timeframe in which leave is available. The policy was also updated to offer greater flexibility in the event that an employee, with support from their supervisor, wishes to take their leave intermittently.
Campus Plaque and Naming Policy – The Campus Plaque and Naming Policy has been updated to reflect current campus procedures for securing a plaque or named asset on campus. All plaques, including the names(s) and text that is recommended to be printed on them, must be reviewed, and approved before installation. This policy also defines the process by which campus assets, such as buildings and gardens, are named.
Drug and Alcohol Policy – This is not a new policy, but this communication serves as a regular reminder to review and be mindful of our campus stance on drug and alcohol usage, as well as the institutional and legal implications for misuse.
All policies listed above can all be found in their entirety by going to the Campus Policy Manual at: https://www.dickinson.edu/homepage/1146/campus_policies_manual or by going to the Legal and Policy Updates section of the Office of General Counsel webpages.
If you have any questions, please contact our office at legal@dickinson.edu
Legislative and Regulatory Updates
On August 24, 2021, the Department of Education’s Office of Civil Rights (OCR) issued guidance on the effect a recent federal court decision has had on the 2020 amendments to Title IX. In Victim Rights Law Center et al. v. Cardona, the court held that portions of the 2020 amendments are arbitrary and capricious. Specifically, the court vacated a provision which prohibits an institution from relying on any statement of a party or witness who does not submit to cross-examination at a live hearing. According to the guidance from OCR, institutions are now free to consider any statement that is otherwise permitted, regardless of whether the parties or witnesses submit to cross-examination. This provision in the 2020 amendments had been the subject of much criticism from those who feared that it would unnecessarily restrict textual evidence, such as police reports, medical reports and text messages, and could provide a free pass to a party who made a damaging statement.
NEW POLICIES ANNOUNCEMENT FOR JULY 2021
Dickinson College has recently added some new policies and changed multiple institutional policies. They are briefly described below and can be read in greater detail by either visiting the Office of General Counsel webpage and clicking the Updates tab on the left, or by going to the policy manual by signing onto the Gateway, clicking on the Employee tab on the left and then clicking on the Campus Policy Manual link on the right.
Religious Accommodations Policy: This policy has been updated to better reflect the diversity of religions practiced in our campus community. While classes will still be held, the administration and faculty will make every effort not to schedule College-wide and/or public events on major religious holidays. Dickinson College offers full time benefit-eligible staff floating holidays each fiscal year to aid in the observance of non-federal religious holidays.
Employee Equipment Insurance Policy: In recognition that faculty and staff may bring equipment or other personal property onto campus for use in an educational program, or for another use in the performance of their official college duties, this new policy has been created to insure those items. The College shall provide actual cash value insurance coverage for employee-owned instructional materials and equipment used in the performance of an employee’s official duties, subject to the terms outlined in the policy.
Vehicle Administration Policy: This policy has been updated with a new section regarding commercial drivers’ submission to random drug & alcohol testing, as required by the Department of Transportation.
All policies listed above can all be found in their entirety by going to the Campus Policy Manual at: https://www.dickinson.edu/homepage/1146/campus_policies_manual or by going to the Legal and Policy Updates section of the Office of General Counsel webpages.
If you have any questions please contact our office at legal@dickinson.edu
Legislative and Regulatory Updates
Supreme Court Ruling Will Change NCAA Rules: The Supreme Court unanimously ruled in favor of students seeking to overturn an NCAA ban on compensation for educational-related benefits. The ruling permits payments for things like graduate or vocational school scholarships, payments for computers, tutoring and education expenses, but does not permit schools to compensate athletes for non-educational expenses.
DOJ Issues Memo on LGBTQ Rights Under Title IX: The memo states that the Civil Rights Division of the Department of Justice finds that the Supreme Court’s decision in Bostock v. Clayton County is applicable to Title IX. Under this interpretation, Title IX’s prohibition on discrimination “on the basis of sex” necessarily includes discrimination on the basis of sexual orientation and gender identity. Secretary of Education Miguel Cardona has since stated his agreement with the interpretation, but the Department of Education has not issued updated guidance at this time.
Dickinson College’s Sexual Harassment and Misconduct Policy already prohibits discrimination on the basis of sexual orientation and gender identity. But this interpretation could lead to a broader acceptance of this standard at other institutions.
