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Review highlights from URMIA’s recent presentation to focus on critical issues                                                                                                                                                                          

The Landscape Is Changing

Higher education is undergoing profound changes as landmark federal laws and policies reshape the landscape. These shifts carry far-reaching consequences for governance, compliance, policy enforcement, and institutional autonomy — impacting leaders across the sector. In an exclusive URMIA webinar this month, Dr. Peter Lake, professor of law at Stetson University College of Law, offered insights into these evolving legal dynamics. His presentation, “Legal Shifts in Higher Education: What You Need to Know – Strategic Implications,” highlighted critical issues and key takeaways that every institution should consider moving forward.

Growing Legal Uncertainty

Institutions are navigating a complex "polycrisis" environment driven by financial instability, regulatory reform, and evolving judicial oversight. Legal unpredictability is reshaping risk profiles for program changes, institutional viability, and community relations.

Impact of the “Regulatory Trinity” – Key SCOTUS Cases

• Loper Bright v. Raimondo: Ends Chevron deference; courts now directly interpret agency rules.
• Corner Post v. Federal Reserve: Expands the timeframe for regulatory challenges, increasing exposure to litigation.
• SEC v. Jarkesy: Elevates judicial oversight of agency enforcement actions involving penalties.

Federal agencies, including the US Department of Education, face diminished authority. Compliance strategies must account for court-driven interpretations of policy.

Title IX, Title VI, DEI, and Free Expression

Enforcement has shifted back to 2020 Title IX rules emphasizing biological sex and due process. Bias response teams and diversity, equity, and inclusion (DEI) programs face legal challenges; the judiciary is expected to further clarify boundaries. Institutions should prepare for further judicial review and challenges related to DEI, student rights, and faith-based conflicts.

Federal Regulation Overhaul

Executive orders propose the elimination of the US Department of Education and the rollback of key regulatory protections. Aggressive directives redefine “sex” and restrict federal funding based on compliance with new Title IX and DEI standards. Heightened enforcement includes the creation of a Title IX Special Investigations Team (SIT). Federal policy is volatile; institutions must monitor legal mandates and realign compliance programs rapidly.

Threats to Academic Freedom and Shared Governance

Legal and political pressures are challenging the principles of shared governance and institutional independence. Accreditation standards and faculty protections (e.g., tenure) may be subject to reinterpretation or politicization. Institutions may need to redefine governance structures and articulate the value of academic freedom.

Strategic Recommendations for Moving Forward

Dr. Lake wrapped up his webinar by providing members with strategic recommendations moving forward:

• Monitor Legal Developments: Engage government relations and legal counsel to track emerging judicial trends.
• Review Compliance Frameworks: Ensure institutional policies align with shifting federal enforcement priorities.
• Train Leadership: Invest in legal literacy training for executive teams to support agile decision-making.
• Scenario Plan: Prepare for multiple outcomes in DEI, Title IX, and funding policy changes.
• Communicate Clearly: Frame institutional values and legal compliance stances transparently for stakeholders.

Additional Resources to Help

Head to URMIA’s Regulatory and Legislative Updates for Higher Ed Risk Managers webpage for additional resources on regulatory and legislative actions. If you are responsible for compliance risk, play a role in overall compliance efforts on campus, or want to learn more about compliance, we invite you to join URMIA’s Compliance Community. The Compliance Community meets virtually on the third Thursday of each month.

By Elliot Young, AVP, Risk & Compliance, Kansas State University

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