NACUA Note, July 2011
Student Bankruptcy and the Permissibility of Traditional Campus Collection Measures
One of the consequences of the recent economic hardship has been an increase in the number of consumer bankruptcy filings. Among these filings include current or former students who are unable to repay their student debt. This resource covers the basic principles of bankruptcy and describes how colleges and universities can effectively manage students in bankruptcy.
NACUA Note, May 2011
Internship and Externship Programs Under the Fair Labor Standards Act
In April of 2010 The United States Department of Labor (DOL) published a resource providing guidance on how internship programs are regulated under the Fair Labor Standards Act. The fact sheet indicates that DOL will be looking to ensure that employers are not using unpaid interns in place of paid employees. This Note provides an overview of how internships have been regulated by DOL and the courts; in order to provide guidelines on how to construct internships programs so that they do not trigger an employment relationship.
NACUA Note, January 2009
Whose Room is it Anyway? Lawful Entry and Search of Student Dorm Rooms
Courts have come to recognize that students have a legitimate expectation of privacy in their dorm rooms. However there are circumstances when university officials have compelling reasons to enter and search a student’s room. Examples of legitimate searches include, health and safety inspections, enforcement of pet policies, fire prevention, when the university has reliable evidence that the a student is keeping a weapon in his room, enforcement of university, state, and federal drug policies. This note focuses on the two main issues surrounding searches: 1) whether the Fourth Amendment’s prohibition on unreasonable searches and seizures is implicated by some kind of state action and 2) whether the student consented to the search explicitly when a university official asks to search or through the University’s housing agreement/policies.
NACUA Note, August 2009
International Academic Travel and US Export Controls
Export control laws have implications for nearly all members of the university community (Principle investigators, graduate students, research fellows, undergraduates etc.) Academic travelers who conduct their research overseas or work collaboratively with individuals from another country either abroad or in the United States should familiarize themselves with export control laws. Export control laws generally regulate four things 1) items that are considered to have a dual use (peaceful and/or militant uses) 2) items that are listed on the US Munitions List, and 3) business with individuals classified as “specially designated nationals” and 4) the regulations pertaining to countries the United States has issued embargoes on. Some of these regulations can change with very little notice and failure to comply carries serious consequences including extensive fines and the possibility of being sent to prison. Compliance with export control laws is the responsibility of the traveler as well as the university. This note outlines the export control regulatory frame work and provides some tips on what to think about prior to traveling abroad.