Tag Archives: higher education

New Jersey Governor Allows Certain In-Person Higher Education to Resume on July 1

On June 18, 2020, New Jersey Governor Phil Murphy issued Executive Order 155 (“EO 155”), which as of July 1, 2020, allows degree-granting public and private institutions of higher education (“IHE”) to resume instruction that cannot be readily taught other than in-person.  Specifically, EO 155 allows resumption of in-person labs, technical, clinical, or hands-on instruction, with enhanced health and safety protocols.

IHEs that are authorized and intend to resume in-person instruction pursuant to EO 155 must submit a restart plan to the Secretary of Higher Education (the “Secretary”), in accordance with the Restart Standards for All New Jersey Institutions of Higher Education, no later than 14 days prior to the expected date of implementation of the plan. Certain IHEs that had previously received a waiver to hold in-person instruction pursuant to Executive Orders No.104 and 107 (2020) must do so by July 2, 2020 (i.e., within two weeks of E.O. 115’s date of issuance).

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Special Report: What every higher education board member should know about college and university business officers

Consider this: colleges and universities are confronting declining enrollments and escalating costs while national student debt is staggering and many are questioning whether college is worth it. Are college and university board members appropriately engaged in this potential industry crisis? They should be. Those who sit on a higher education institution’s board have a legal duty to uphold the mission of providing a quality education, and to make sure they are fully informed about both the state of higher education and their institution. One important way to be proactive in fulfilling this responsibility is to be independently informed by discovering how the individuals in the trenches – the college and university business officers – view the financial stability of their institutions.

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Combatting Counterfeiting in Higher Learning Environments

By Jeffrey D. Morton

Counterfeiting activity has long been an issue of concern for Canadian owners of intellectual property rights (“IPR”). While recent progress has been made both by way of court decisions and statutory reform, the potential damage to IPR owners that are subjected to counterfeiting activity continues to be an issue of significant concern. Increasingly, higher learning institutions, such as our universities, institutes and colleges, have become aware of the misappropriation of their valuable brands. For example, a number of British Columbia-based higher learning institutions have recently had to respond to issues related to marketers of counterfeit athletic wear, which made unauthorized use of well-known university and college logos. Further, the scope of counterfeiting activity includes the counterfeiting of degrees themselves with a number of active websites offering counterfeit Bachelor’s, Master’s, and Ph.D. Degrees, emblazoned with the institutional logo of your choice, for approximately $300 per degree.

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The Capital Asset Reference Guide

By Brock Johnston

The Capital Asset Reference Guide (the CARG) was developed by BC’s Ministry of Advanced Education for use by BC’s public post-secondary institutions in connection with capital projects that are funded by the Ministry, whether in whole or in part. The CARG was informed the Provinces Capital Asset Management Framework (the CAMF) and by a study undertaken by the Ministry on capital planning, approvals, implementation close out processes employed in other government agencies in BC and other jurisdictions. The current version of the CARG (Version 1.1, April 10, 2013) can be found at http://www.aved.gov.bc.ca/cppm/ and replaces the previous version of February 20, 2013, which in turn replaced the edition which was last updated in 2005.

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Canada’s Anti-Spam Legislation

By Maggie Cavallin

Canada’s Anti-Spam Legislation, or “CASL” as it is commonly known, has not yet entered into force, and is not expected to come into force until late 2013 or early 2014. Nevertheless, it is prudent for higher learning institutions to start preparing now to ensure that they are CASL-compliant prior to its entry into force due to the dramatic impact that this new legislation will have on all organizations that send electronic messages for a commercial purpose.

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Navigating the New Copyright Waters

By Jeffrey D. Morton

Significant developments in Canadian copyright law occurred during 2012: in July, as reported in our Knowledge Bytes newsletter, the Supreme Court of Canada handed down five key copyright decisions, and in November 2012 significant amendments to the Copyright Act (the “Act”) came into force. Many of these amendments directly impact higher learning institutions, which are well-known environments for developing, fostering, and producing original written, musical, artistic, and dramatic works that are subject to copyright protection. This article details a number of the most significant changes to the Act that impact higher learning institutions. Understanding these amendments is essential for higher learning institutions as they work towards balancing competing copyright-related interests.

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