Higher Ed Law Prof Blog

China adopts new labor laws, effective in 2008

On December 31, 2007, the Hong Kong Standard reported, “Tomorrow, Chinese workers enter a new era. The introduction of much-
heralded labor laws will offer increased protection to employees, many
of whom have suffered greatly to manufacture the greatest economic
miracle in human history.” The Standard goes on to observe, “The new laws have been remarkable in that they have been more open to public comment and debate than is generally accepted in China. Nearly 200,000 submissions were received, many from workers themselves, in an almost unique nod to democratic lawmaking.” [James Rose, “Hard labor on worker protection,” Hong Kong Standard, December 31, 2007 http://www.thehongkongstandard.com/Openads-2.0.11-pr1/adclick.php?n=af4]
The new legislation focuses on five major areas:
• employment contracts are made both legally binding and mandatory;
• employee probation periods must be monitored;
• collective bargaining negotiated by the government-affiliated All-China
Federation of Trade Unions are encouraged (much as in the mid-Thirties, the U.S. Congress enacted the National Labor Relations Act and other laws to stimulate unionization of U.S. workers);
• health and safety standards are enhanced;
• and various notorious schemes and shady practices in the hiring sector are outlawed.
While this looks promising on its face, the Standard’s James Rose opined, “All well and good, but already loopholes are appearing.” He explains, “ The giant technology firm Huawei has sought to twist the laws to oblige
workers to renegotiate employment contracts in a way that works in part
to circumvent long-term employment provisions in the company's
interests. The private sector, both foreign and domestic, cadged at the
laws. But the political reality is that Beijing had to act on worker
standards, and the private sector knows it. During the 1990s and into the 2000s, tens of millions of workers have been laid off and some hundreds of millions, mostly rural Chinese, are part of the floating country within a country, looking for jobs and a
means of existence.
Rose adds, “The Maoist-era worker culture - of life-long employment, stable wages
set by the government, government-run companies providing housing,
education, health care and social security - is long gone. Now the
post-Deng era means growing unemployment, less job security and wage
rip-offs everywhere. Such numbers have the ability to focus even the minds of Beijing's
cosseted mandarins. Workers are becoming aware of their clout and are
mobilizing. In recent years, their jostling power has been noted around
the country's industrial and urban centers. These political imperatives give a hint of the depth of politics behind the new labor laws.”
Additionally, Rose points to world opinion as another pressure point upon the Chinese government to enact and enforce better labor and employment laws and policies.
“China's lawmakers are aware that the world is looking more
harshly on the country and its shoddy working standards. The search for
sustainable supply chains, often undertaken by firms trying to rebound
from reputation-tarnishing supply chain exposes (sweatshops, bad
environmental practices) is by now fervent,” he contends.
Rose’s points are well placed. During 2007, Chinese manufacturers and food producers were plagued by discoveries of such dangerous pollutants as lead paint in the products, resulting many times in significant recalls. The quality control issues would seem to be inseparable from the qualifications and overall quality of the workforce.
Dispute Resolution Reform. The package of Chinese labor legislation includes a new statute governing the mediation and arbitration of labor disputes. China's leading legislative body adopted the law on labor dispute mediation and arbitration on December 29, 2007. It claims to be aimed at "fair and timely" settlement of disputes and lowering the costs for workers seeking to establish their rights. This new law takes effect on May 1, 2008. Following the requisite three readings, the law was approved by lawmakers attending the weeklong 31st session of the Standing Committee of the National
People's Congress (NPC).
"To solve labor disputes fairly and in a timely way, the law has
strengthened the role of grassroots mediation institutions, improved the
arbitration system, and clearly stated that labor dispute arbitration is
free of charge," said Wu Bangguo, the NPC Standing Committee chairman,
who presided over the closing session. "It will shorten the cycle of labor dispute settlement, lower the cost for laborers to safeguard their lawful rights, and is conducive to
the development of a harmonious relations between employees and employers."
According to China View, “The new law has four chapters and 54 clauses, and it follows the labor contract law and the law on employment promotion in being approved
this year to improve China's labor systems. It stipulates that when workers file a complaint, authorities in charge of labor affairs should deal with employers that underpay or fail to pay wages, other compensation or medical fees for job-related
injuries.” []
Data released by the NPC Law Committee show that about 30 percent of
labor disputes concern pay, with wage payment and collection, especially at year’s end, playing a prominent role in many such confrontations. NPC Standing Committee members contended that many labor disputes could be avoided if responsible authorities intensify supervision of companies and deal with major violations in
a timely way. Under the new law, an business organization is entitled to establish
its own labor mediation committee to solve internal disputes at its own
level. Such a committee should include employees and management
representatives. When disputes occur, litigants can either turn to the committee
or one of a number of grassroots people's labor dispute mediation organizations.
Disputes concerning pay, medical fees and work-related-injury compensation can be settled by arbitration if the amount in dispute is less than the equivalent one year’s pay at local minimum monthly wage. The arbitration award is intended to have the effect of law. Working time, holidays and social insurance also are covered by the statute.
"The law is intended to help solve labor disputes fairly without
going to court," Li Yuan, an official with the NPC Law Committee, told a
press conference held at the conclusion of the legislative session.
NPC statistics indicate that labor disputes have risen continuously
Since predecessor ADR procedures were adopted back in 1987. Between that year and 2005, labor dispute organizations at all levels dealt with a total of 1.72 million
cases involving 5.32 million employees. The rate of increase 27.3 percent annually.
Echoing concerns frequently voiced in the United States, China View comments, “However, there are problems with the arbitration system. For
instance, arbitrators are rarely professionally trained and thus lack
credibility. Further, although arbitration is supposed to be cheaper
than going to court, the actual process is often long and therefore
expensive.”

Chinese adopt new labor laws...

... effective January 1st. From worldpress.org

2008 Wye Presidents' Seminar announced

AAC&U and The Aspen Institute are holding the Wye Presidents' Seminar from July
24-27, 2008, in Queenstown, Maryland. Created to assist presidents in relating their
leadership challenges to global economic and political questions, the Presidents'
Seminar will draw on stimulating classical and contemporary readings to explore and
discuss the implications of fundamental values such as liberty, justice, and
democracy as international drivers of change. The 2008 Seminar will have a
particular focus on the Middle East and will include readings from the Koran, Samuel
P. Huntington, Bernard Lewis, Edward Said, and Salman Rushdie.
www.aspeninstitute.org/site/c.huLWJeMRKpH/b.3567369/k.7545/Wye_Presidents8217_Seminar.htm

AAC&U and The Aspen Institute also announce a new seminar for 2008: the Wye Chief
Academic Officers' Seminar, offered June 15-20, 2008, focusing on "Citizenship and
the Polity." The Wye Chief Academic Officer's Seminar will provide the opportunity
to exchange ideas with colleagues from other colleges and universities while probing
the fundamental values and goals that are the reason for our institutional
existence. Readings are selected to challenge participants to focus on values such
as individual rights and responsibilities both nationally and globally, and the
public purposes of education in a free, democratic republic.
www.aspeninstitute.org/site/c.huLWJeMRKpH/b.3567451/k.9937/Wye_Chief_Academic_Officers.htm

The Wye Faculty Seminar, to be held July 19-25, 2008, is offered for selected
faculty members who have the honor of being nominated by their presidents and deans
for their distinctive contributions to the quality of liberal education. The
Seminar assists professors of every discipline from a wide range of colleges and
universities in relating their teaching to broad issues of citizenship and civil
society. Alumni of these seminars have consistently praised the week at Wye and the
many benefits they bring back to their home campuses.
www.aspeninstitute.org/site/c.huLWJeMRKpH/b.612091/k.D4A0/Wye_Faculty_Seminar.htm

All of the Wye Seminars combine vigorous intellectual exchange with time to read,
reflect, exercise, and socialize on the beautiful Aspen Wye campus in Queenstown,
Maryland.

More information about all Seminars is online at www.aspeninstitute.org. If you
have questions, please contact The Aspen Institute at 410-820-5374.

Tuition costs, accreditation, and Piracy are high on Congress's Higher Ed Hit List

From the Chronicle of Higher Education

Survey sez students care more about social issues than economics

The Report

Association for Institutional Research offers grants

Dear Dr James O Castagnera,

REMINDER: Proposal submission deadline JANUARY 16, 2008

AIR is pleased to announce an increase in award funding for the 2008 Grant and Fellowship Program!

The Association for Institutional Research (AIR), with support from NCES, NSF and NPEC, offers an annual, comprehensive research and fellowship program. The goal of these grant programs is to provide professional development opportunities to doctoral students, institutional researchers, educators and administrators, to ultimately foster the use of federal databases for institutional research in postsecondary education. 

2008 Grant and Fellowship awards will include:

- Research Grants of up to $40,000

- Dissertation Fellowships of up to $20,000

- Fellowships for Graduate Study of up to $30,000 over three years

- Postdoctoral Policy Fellowships in Washington

- Scholarships to the Data Policy Summer Institute

All grant proposals must be submitted online no later than 11:59 p.m. January 16, 2008! 

More information, including submission guidelines and proposal information, is available at http://www.airweb.org/grants.html

Questions? Contact Sharon Lynn at slynn@airweb2.org or 850-385-4155. 

Take advantage of the many ways AIR can help you, your career, your profession and your institution! 

Herewith, the HHS ORI December newsletter

             Office of Research Integrity (ORI) Newsletter – December

The December issue of the ORI Newsletter contains the following articles of interest to responsible institutional officials, research administrators, and Research 

Integrity Officers (RIOs):

2007 Annual Report on Possible Research Misconduct Due by March 1, 2008

Global Science Forum Develops Steps for Lessening Research Misconduct

World Conference Report Recommends Actions to Meet Crucial Needs

Innovative RCR Resources to be Available On-Line in Spring 2008

Postdoc RCR Training Funded at 12 Institutions

RCR Award Made to Council of Graduate Schools

Registration Opens for First Biennial RCR Conference

New Research on Research Integrity (RRI) Publications

Attorney Joins Research Oversight Legal Team

Misconduct Activity Reported Once by Most Institutions from 1992-2001

Case Summaries

 
The December issue of the ORI Newsletter is available on the ORI home page at http://ori.hhs.gov.

Please forward this email to your colleagues and post the ORI Newsletter on your office, laboratory,  departmental, institutional or organizational web site.  

Thanks.

From: Robin.Parker@hhs.gov

ORI Homepage 

NACUA CLE Programs announced

 

Volume 34 – January 4, 2008

 

Dear Colleagues and Friends:

 

Happy New Year!  I hope you and your families and friends had a wonderful holiday!  On behalf of the NACUA staff, I wish you a happy and healthy 2008.  We look forward to providing you another year of quality programming and services.

 

This issue of NACUANEWS includes:

 

· Mark Your Calendars for these Upcoming CLE Programs:

· January 24, 2008 – Virtual Seminar on Campus Security and the Clery Act: Key Compliance Issues, Obligations and Pitfalls

· March 5-7, 2008 – CLE Workshop in Seattle, WA on: Compliance, Conflict, Change & Challenges for College Counsel

· April 11, 2008 – One-Day Workshop in Memphis, TN on overseas programs

· Reminder: Call for Nominations for Board Service

· Update on NACUA Staff Vacancies

· Welcome to Our Newest Members

 

 

IIIE extends registration deadline for China Education Fairs

IIE's U.S. Higher Education Fairs in China– March 2008
Extended Registration Deadline: January 15, 2008

IIE is pleased to announce that we will be hosting a series of U.S. Higher
Education Fairs in China this spring. Fairs will be held in Shenyang, Wuhan
and Chengdu on March 9, March 11 and March 13 respectively.
IIE has been organizing Higher Education Fairs in Asia since 1982 to provide
information to countless Asian students about the wide variety of U.S.
educational opportunities available. For more information and registration, please visit
www.iiehongkong.org/ufair.

--
This message is a service of IIE Network
http://www.iienetwork.org

New Jersey enacts "Baby WARN" Act

Download LEPG_BabyWARNAct_04jan08.pdf

From the Philadelphia law firm of Morgan Lewis.

Should oral history be subject to your IRB?

Read about the controversy in "Inside Higher Education."

Study-Abroad Insurance on offer

Hi Dr. Castagnera,

CISI is pleased to provide study abroad, international student and
exchange program health and medical evacuation/repatriation coverage to
over 90,000 students annually. To follow are several reasons why you may
want to consider CISI for your program’s insurance needs:

· leading provider of full-service study abroad, international
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· focused on the international education community
· active members of NAFSA and The Forum
· relationships with “A” rated carriers
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· in-house claim and enrollment processing
· full-time Crisis Supervisor works closely w/ 24/7 emergency
assistance provider
· foreign currency payments and payment guarantees to hospitals
· no exclusion for acts of terrorism
· attractive materials are easily read and understood by
students/parents/staff
· friendly, knowledgeable, long-term service-oriented company

Please feel free to contact me to discuss your specific needs or to
request a customized group plan quote!

Best Regards,

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Business Development Consultant
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1-800-303-8120 ext 5556
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Attachments:

Kudos for your Higher Ed editor

Jim: I just wanted you to know that your article has had a direct impact on our
program. Some Dean at the British Columbia Institute of Technology in Vancouver, CA,
read your article and gave it to a professor. Said professor invited me to BCIT to
talk about our program at a conference it held on terrorism and intelligence on
November 3rd. Since then, we now have a MOU with BCIT for their students to come
down and study with us to pursue an MA in intelligence and national security
studies. I've attached a short press release on the MOU:
http://news.csusb.edu/story_full.asp?articleID=5861&source=email. Thanks for that!
BTW, I don't know if you are aware of it, but David Silverstein and several of us
have established a new organization, called the Association for the Study of the
Middle East and Africa (ASMEA). Our website is www.asmeascholars.org. The purpose is
to establish an organization with a strategic focus on the region, not simply one
that deals with languages, culture, and the typcial politicized angle. From that, I
believe, I have also been invited to participate in an online think tank with
scholars at Harvard; the group is called MESH (Middle East Strategy at Harvard),
http://blogs.law.harvard.edu/mesh/.
Hope all is well and Happy New Year to you!
Mark
Mark T. Clark, Ph.D.
Director, National Security Studies

Download 0709_Castagnera-1.pdf

An expensive non-sermon

University settles with preacher barred from speaking on campus. From the Chronicle of Higher Education

Illegal immigrants...

... are now deemed out-of-state students for tuition purposes at Arizona publics. From the Tucson Citizen

A vote of "no confidence"?

Youngstown State President's home is shot up. From the Tribune-Chronicle

Upcoming NACUA events and new publications

* Registration is now open for NACUA's Spring CLE Workshop Employment
Law on Campus: Compliance, Conflict, Change and Challenges for College
Counsel ,
scheduled for March 5 - 7 at the Fairmont Olympic Hotel in Seattle,
Washington. To view a detailed workshop schedule, click here
. To register,
click here .


We are proud to announce NACUA's latest publications:
* NEW! Student Risk Management in Higher Education: A Legal Compendium
d=STUDENT_RISK_BINDER> by Kimberly J. Novak and Art M. Lee.
* NEW! Legal Issues in Distance Education
d=DISTANCE_EDUCATION> , a compendium edited by NACUA members Deborah C.
Brown, John R. Przypyszny, and Katherine R. Tromble.
* NEW! The NACUA Handbook For Lawyers New to Higher Education, 2d
Edition
d=NEW_LAWYERS_HANDBOOK> edited by NACUA member William Thro and NACUA
Assistant Director of Legal Resources Melissa Rooker.
* NEW! Immigration Law: Issues for Faculty and Staff, 2007 Update
d=IMMIGRATION> by NACUA members Mark B. Rhoades and Helen L. Konrad.
* NEW! Contracting for Large Computer Software Systems
d=COMPUTER_SOFTWARE> by NACUA members Wesley D. Blakeslee and Dennis J.
Gallitano.

Some new higher ed cases...

... compliments of NACUA and Westlaw:

Good day NACUA members and Happy New Year. NACUA is pleased to send you
this update of higher education cases reported during the weeks of
December 17- 21 and 24 - 28, 2007. To access the complete text of the
highlighted cases, click on the case name and enter your NACUA username
and password. If you have forgotten your NACUA website password,
please click here
and it will be sent to you via email. If you have any problems logging
into the cases, contact us at techsupport@nacua.org
. Cases in this weekly update may
always be accessed on NACUAWEB
. The web
page is updated daily by the NACUA staff. NACUA thanks West for
assisting us in making this service available to NACUA members. (Note:
this message is best viewed in HTML format. If you have difficulty
viewing the message or using the links, click here
to access the message
text on the NACUA web page).

Civil Rights
Peirick v. Indiana University-Purdue University Indianapolis Athletics
Dept., (C.A.7 (Ind.))
westlaw.com/find/default.wl&serialnum=2014364998&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 31, 2007: Civil Rights - A state university's male soccer and
tennis coaches were similarly situated to a terminated female tennis
coach, and thus their disparate disciplinary treatment supported the
female coach's Title VII claim of sex discrimination. The male coaches
had received progressive discipline, while the female coach had been
terminated without receiving progressive discipline. Although the male
coaches had not engaged in the exact same misconduct as alleged against
the female coach, they had violated the same university rules. Those
rules required coaches to treat others with dignity and respect, and
required a "higher standard of behavior."

Nguyen v. William Joiner Center for Study of War and Social
Consequences, (Mass.)
westlaw.com/find/default.wl&serialnum=2014416995&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 26, 2007: Civil Rights - Persons accepted for research
fellowships at a state university were essentially temporary employees
having faculty privileges rather than students or prospective students.
Thus, such persons could not bring suit under a Massachusetts
educational discrimination statute which protected persons seeking
admission to a program or course of study leading to a degree beyond a
bachelor's degree.

Cuzze v. University and Community College System of Nevada, (Nev.)
westlaw.com/find/default.wl&serialnum=2014368053&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 18, 2007: Civil Rights - The University of Nevada and the
University and Community College System of Nevada (UCCSN) were not
"persons" under 1983 and, thus, could not be sued by university police
officers under that statute for the alleged violation of their civil
rights. The State of Nevada was not a "person" for purposes of 1983, and
the university and the UCCSN were state entities. Thus, the district
court had a valid legal basis for determining that the university police
officers' claim lacked foundation and that 1988 attorney fees were
available to the university and UCCSN after the district court granted
summary judgment in their favor.

Carr v. Board of Regents of University System of Georgia, (C.A.11 (Ga.))
westlaw.com/find/default.wl&serialnum=2013248871&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 17, 2007: Civil Rights - An African-American nursing student,
who was suspended for two-years for selling stolen textbooks back to the
university bookstore, failed to establish a violation of equal
protection in a Title VI racial discrimination action. There was no
evidence that she was similarly situated to white students accused of
theft who received lesser sanctions. The circumstances of the offenses
committed by the white students receiving lesser sanctions involved
pranks, a lack of intent to steal, displays of contrition, and mental
illness. Further, the board of regents presented evidence that several
white students who were alleged to have engaged in theft actually were
treated similarly to the nursing student.

Compensation and Benefits
West Virginia University Bd. of Governors v. West Virginia Higher Educ.
Policy Com'm, (W.Va.)
westlaw.com/find/default.wl&serialnum=2012353270&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 19, 2007: Compensation and Benefits - The authority granted to
the Higher Education Policy Commission to establish and maintain a
personnel classification system did not encompass the right to set and
control compensation and salary requirements for classified staff
employed by the state university. The specific authority granted by
statute regarding the university board of governor's right to establish
a uniform and equitable salary policy took precedence over the general
grant of authority to the Higher Education Policy Commission to
establish rules impacting the boards' administration of a system for
managing personnel matters. Therefore, the board of governors had
authority to establish a uniform and equitable salary policy for its
classified staff that could not be overridden by the Commission.

Evidence
Schaefer v. Brookdale University Hosp. and Medical Center, (N.Y.A.D. 2
Dept.)
westlaw.com/find/default.wl&serialnum=2014334263&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 17, 2007: Evidence - Quality assurance documents relating to
the accreditation status of a university hospital's urology residency
program were privileged. Therefore, the documents were inadmissible in a
resident's action against the hospital and its chairman, seeking to
recover damages for breach of contract and defamation.

Finance
Foothill-De Anza Community College Dist. v. Emerich, (Cal.App. 6 Dist.)
westlaw.com/find/default.wl&serialnum=2014402678&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 31, 2007: Finance - A community college district bond measure
met the accountability requirements of Proposition 39, and therefore
needed only a 55 percent vote rather than the two-thirds voter approval
normally required for bond measures to be repaid by property taxes. The
measure included the requisite certification stating that the district
board had evaluated the district's facility needs, the measure
adequately met the constitutional requirement of an annual audit
notwithstanding that the measure did not identify the auditor, and the
measure clearly identified the types of projects to be funded by listing
repair or replacement of leaky roofs, wiring classrooms for computers
and other technology, and installation of fire safety doors and
sprinklers. There was no need to specifically identify which buildings
would be improved.

Labor and Employment
Somoza v. University of Denver, (C.A.10 (Colo.))
westlaw.com/find/default.wl&serialnum=2014441786&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 28, 2007: Labor and Employment - Various alleged actions
against two Mexican-American professors by co- workers at a state
university, including negative comments, condescending looks,
eye-rolling, and snickering, as well as alleged actions of the
university, including changes to the Spanish section of the language
department, if proven, were not, in the aggregate, sufficiently material
and adverse to be actionable as retaliation under Title VII. The Supreme
Court's decision in Burlington Northern did not alter the legal
landscape of employment retaliation claims so as to create a general
civility code for the American workplace.

Nicholas v. Board of Trustees of University of Alabama, (C.A.11 (Ala.))
westlaw.com/find/default.wl&serialnum=2013719783&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 28, 2007: Labor and Employment - A male assistant women's
basketball coach at an Alabama state university established a prima
facie case of gender-based disparate treatment through evidence he
applied and was qualified for the head coach position, that he was not
hired, and that the position was filled by a female applicant. However,
the university's articulated reason for not hiring him, that the female
applicant it hired for position was more qualified, was legitimate and
nondiscriminatory, and he failed to show that reason was a pretext for
gender discrimination. The female candidate had worked for ten years as
an assistant coach at a Virginia university and been promoted to the
position of recruitment coordinator and her candidacy was recommended by
the head women's basketball coach at a Tennessee university, whereas he
had less than three years of experience at the Alabama university and
ten years of experience as an assistant coach at a community college.

Taher v. Wichita State University, (D.Kan.)
westlaw.com/find/default.wl&serialnum=2014316106&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 23, 2007: Labor and Employment - A Kansas state university was
entitled to summary judgment on an associate physics professor's
retaliation claims under Title VII. The professor, an Asian from
Bangladesh, failed to adequately exhaust his administrative remedies
before bringing those claims, where he did not mark the box for
retaliation or mention retaliation in the narrative portion of his
administrative complaint to the Kansas Human Rights Commission (KHRC).
The professor also failed to establish a prima facie case of
retaliation, absent a showing he engaged in protected activity. Although
he claimed the department chair took adverse action against him and
harassed him because he complained of national origin discrimination,
the record contained no reference to such a complaint by him during the
relevant time period.

Elam v. Board of Trustees of University of District of Columbia,
(D.D.C.)
westlaw.com/find/default.wl&serialnum=2014387702&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 21, 2007: Labor and Employment - Ethnicity discrimination could
not be inferred under the District of Columbia Human Rights Act (DCHRA)
from the mere fact that decision-makers at a university concluded that
an assistant professor's scholarship was not worthy of promotion to the
highest academic rank after two university committees had recommended
the assistant professor for such a promotion. Instead, the assistant
professor had to demonstrate that the proffered explanation was not the
university's true reason for denying his promotion, which he could not
do because the university's misgivings were grounded in fact that his
portfolio contained neither peer-reviewed material nor detailed research
regarding the discipline of journalism. The court had to respect the
promotion assessment undertaken by the university absent clear evidence
that a forbidden consideration such as ethnicity tainted the decision.

Magnetti v. University of Maryland, (Md.)
westlaw.com/find/default.wl&serialnum=2014344192&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 21, 2007: Labor and Employment - A writing instructor at a
state university was required to file his breach of contract claim
against the university within one year of completion of his contract or
of the date his claim arose as a condition precedent for waiver of the
university's sovereign immunity. The amendments to the statute regarding
the powers of the university board of regents did not render the
condition precedent for waiver of sovereign immunity inapplicable to the
university. Therefore, the instructor's claim was precluded by sovereign
immunity since he filed it nearly three years after it arose.

Carter v. Univ. of Toledo, (Ohio Com.Pl.)
westlaw.com/find/default.wl&serialnum=2014395014&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 20, 2007: Labor and Employment - A hearing officer's
determination that the claimant, a benefits specialist for a state
university in Ohio, was terminated for just cause relating to the
failure to improve her performance, thereby making her ineligible for
unemployment compensation, was against the manifest weight of the
evidence. There was no evidence that the university made its
expectations known to the claimant when it hired her or that the
claimant's job requirements did not change substantially after the
university hired her. The university's director of benefits admitted
that the claimant's job duties and priorities changed periodically and
that she did not know whether the performance improvement plan (PIP)
called for the claimant to perform more extensive duties than when she
was hired four years earlier. The claimant denied that her job remained
the same throughout her employment and maintained that her duties and
priorities were constantly changing.

Torts
Clark Atlanta University, Inc. v. Williams, (Ga.App.)
westlaw.com/find/default.wl&serialnum=2013890191&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
December 26, 2007: Torts - A genuine issue of material fact existed as
to whether a shooting victim, who was a consortium student, was an
"invitee" of the university, precluding summary judgment on the issue of
duty in the student's premises liability case against the university.
The student had attended a consortium activity hosted by the university,
and had stopped for 45 minutes to socialize on a lawn in front of the
university's faculty housing at the time he was shot.


Other New Documents and Cases on NACUA.WEB:

ADEA: Coordination of Retiree Health Benefits with Medicare
o.gov/2007/pdf/E7-24867.pdf>
Complete text (8 pages) of final rule issued by the Equal Employment
Opportunity Commission (EEOC) and published in the December 26 Federal
Register. The rule exempts from coverage by the ADEA the practice of
coordinating retiree health benefits with retiree eligibility for
Medicare or a comparable State health benefits program.

GAO: Higher Education Tuition and Enrollment Trends and Patterns

Complete text (32 pages) of U.S. Government Accountability Office (GAO)
to Chairman of U.S. House of Representatives Committee on Education and
Labor on trends and patterns in higher education enrollments, tuition
and fees, and institutional expenditures on education services. The
report is composed primarily of slides presented by GAO in testimony
before an October 31, 2007 hearing of the Committee.

Export Control: Report of Deemed Export Advisory Committee

Complete text (153 pages) of the report to the Secretary of Commerce of
the Deemed Export Advisory Committee (DEAC). The DEAC was appointed to
review current deemed export policy and ensure it continues to protect
the national security of the United States while promoting continued
leadership in technological innovation by U.S. academic institutions and
industry. The report concludes that the current deemed export policy and
regulations no longer effectively serve their intended purposes and
proposes a new deemed export licensing process that the committee
believes will enhance both national security and economic
competitiveness.

Taxation: Re-Designed Form 990 and Schedules

Link to Internal Revenue Service (IRS) web page with information on the
release of the re-designed Form 990 Return
for use by
tax-exempt organizations for the 2008 tax year (returns filed in 2009).
The web page includes links to an overview of the new Form 990
and
a more detailed background paper
f> .

Labor Relations: Bowen and Cohen v. Goldstein, et al.

Complete text (13 pages) of decision by U.S. District Court (S.D.N.Y)
denying request by plaintiff union officials for a preliminary
injunction requiring City University of New York (CUNY) to permit the
union to continue using the university's email system to carry on union
business in violation of the university's policy on the acceptable use
of computer resources.

Undocumented Resident Alien Students: Day et al. v.Bond et al.

Complete text (36 pages) of decision by U.S. Tenth Circuit Court of
Appeals denying plaintiffs' petition for re-hearing of the Court's
earlier decision affirming dismissal of plaintiffs suit by the U.S.
District Court. In 2004 Kansas enacted a statute permitting certain
resident undocumented alien students to attend state institutions while
paying the resident tuition rate. Plaintiffs, legal out-of-state
residents attending Kansas public universities, had challenged the
Kansas statute on grounds of Equal Protection and federal pre-emption.
The court holds that plaintiffs lack standing for both their federal
pre-emption claims and Equal Protection claims. The court also holds
that to the extent plaintiffs sought to enforce substantive rights
conferred by federal law, specifically 8 U.S.C. Section 1623
("Limitation on eligibility for preferential treatment of aliens not
lawfully present on the basis of residence for higher education
benefits"), the statute includes no provision of a private right of
action to enforce its terms.

Web program on distance ed for the disabled

                                                                                                                                                                                                                            

Providing Equal Access of Information to Deaf and Hard of Hearing Students in Online Courses   Presented by: Dr. Sam Slike & Pam Berman, Bloomsburg University                                                                                                                                                                                                                                                                                                                                                                                                      When:                       January 8, 2008 : 2pm - 3pm EST           Where:   Online on your computer - Register Here                   Dr. Sam Slike, a professor at Bloomsburg University of Pennsylvania will discuss his use of Wimba to provide college courses to deaf and hard of hearing students. His innovative courses use a sign language interpreter broadcast through a web cam (and simultaneously broadcast via a Sorenson videophone); closed captioning of spoken lecture material via Caption Colorado; PowerPoint slides; text chat; and spoken lecture.   Read the article about Dr. Slike and Berman in Campus Technology Magazine: http://campustechnology.com/articles/56259/                                    His presentation will provide an overview of the deaf/hh population; general challenges encountered in providing equal access of information for this group of individuals; and creating an online course for deaf/hh and hearing students using Wimba as the delivery tool.   Register now at: http://www.wimba.com/eventreg/participant/registration.php?eventid=1110
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Greentree Gazette

The January issue is now available. The current issue

It's not just making a living...

it's making a difference. From the Greentree Gazette

The new "Attorney at Large" Column

In This Election Year, Some Thoughts on Leadership
By Jim Castagnera
This column is prompted in part by the back of a black pickup truck behind which I parked the other day in Media (PA). You’ve seen these vehicles: rolling billboards. This one was plastered with slogans and campaign stickers. The one that leaped out as me read, “All our factories have moved overseas. All we make anymore are rich executives.” I can relate to this sentiment. Call it jealousy or call it common sense. But I can’t believe American CEOs are worth the fortunes they carry home.
In the same breath --- if not quite the same sentence --- I must say that I’m not a member of that school of thought that holds that economic, social and historical forces flow inexorably toward pre-determined outcomes. I don’t believe the Third Reich would have happened if the young Hitler had become a successful artist instead of a politician. While the Weimar Republic with its hyperinflation may have been doomed to collapse, the German communists might just as well have prevailed in the struggle to fill the power vacuum. Nor am I convinced that England would have stood up to Germany in 1939, if the car that ran him down in New York City more than a decade earlier had killed Winston Churchill.
Neither do I believe that our desktops would be dominated by one computer operating system if Bill Gates had remained at Harvard and gone on to graduate school and a cushy job with a Fortune 500 company. In my book, nobody deserves to be a bazillionaire. But Gates’ impact on the most important invention of the second half of the 20th century is undeniable.
So let’s give credit where it’s due. Getting back to that black pickup, another of the 20 or so bumper stickers said, “January 20, 2008: Bush’s last day!” Our president likes those plundering CEOs mentioned above. He identifies with them. In a line he borrowed, Pearl Jam’s Eddie Vetter says of George W in a song, “Born on third base, thinks he hit a triple.” That’s probably true.
And yet, in the six years since the attack on the World Trade Center, no subsequent terrorist attack has happened on American soil. This is not a consequence of Osama bin Laden turning mellow and settling into a self-satisfied early retirement. The War on Terror has been costly and wasteful. War profiteers, notably the company once captained by Vice President Chaney, have pilfered the national treasury. And America has perturbed a lot of people, notably the billion or so Muslims across the globe, by Uncle Sam’s long-standing presence in the Middle East. And yet, to me it seems unfair to criticize Mr. Bush for all these failures, while denying him credit for the fact we have not again been attacked in all this time. Even the most liberal among us ought to at least concede the possibility of a cause/effect relationship here.
Does any of this point toward how we pick our next president? Or is all this so much scattered speculation… the journalistic equivalent of the back of that pickup truck?
At a minimum, I am suggesting that whom we choose matters. Although constrained by the Constitution, the balance of powers among the federal branches and the states, the inertia of a vast bureaucracy, and the opposition of other powerful nations, the president can make a difference. We can’t know how Al Gore would have handled America’s post-Nine/Eleven response. We can know that he would have appointed very different judges to the Supreme Court, a difference that will be felt for decades to come. We opt out of the political process at our peril.
Second, let me suggest that seeing behind the slick media hype, the $300 haircuts, and the spin is a difficult but essential exercise. The great leaders often don’t look like leaders at all. Churchill said of himself, “All babies look like me.” During the pacifist 1930s he was criticized and excluded from power as a regressive relic. Hitler had the worst haircut and moustache imaginable. Just rent Charlie Chaplin’s “The Great Dictator” or the more recent Mel Brooks movie “The Producers” to see how easily he could be lampooned. Bill Gates is a Harvard dropout and the poster child for the nerd look. And, by the way, FDR spent most of his waking hours in a wheelchair.
Bottom line, folks, during the year ahead we are faced with a tough task, but one that really matters. Whom we choose to lead America into the second decade of the 21st century will have an impact on us all.
[Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University. His novel about 19th and 21st century terrorism, “Ned McAdoo and the Molly Maguires,” is available at www.lulu.com.)