Current Legal Developments

The purpose of this site is to highlight current legal developments that significantly affect the California State University or higher education.

• Appellate Court Publishes Decision Holding CSU Is Not Responsible for Cost of Emergency Services as Environmental Mitigation
  In June 2012, the Court of Appeal ruled that the bulk of the CSU East Bay Master Plan Environmental Impact Report is adequate. The Court ruling includes the finding that CSU's determination that new fire protection facilities would not result in significant environmental impact was supported by substantial evidence. Importantly, the Court held that "the obligation to provide adequate fire and emergency medical services is the responsibility of the city" and not the CSU. The need for fire protection services is not an environmental impact that CSU is required to mitigate. The California Supreme Court has accepted this decision for review, pending the outcome of the SDSU case described below.



• California Supreme Court Grants CSU’s Petition for Review in CEQA Case on Marina Off-Site Mitigation Costs
  In April 2012, the California Supreme Court unanimously granted CSU's petition for review in a lawsuit brought by the City of San Diego, which challenges the Environmental Impact Report prepared by San Diego State University for its revised Master Plan. The City argues that SDSU must do more than request funds from the Legislature for off-site mitigation, as required by the majority opinion in the earlier City of Marina Supreme Court decision, and should instead demonstrate as a matter of law compelling reasons why "potential sources of funding other than the Legislature" cannot also be used for off-site improvements, as proposed by one of the Supreme Court Justices who wrote a concurring opinion in the City of Marina case. SDSU has argued that its CEQA obligations are satisfied by what the majority opinion required.

• NACUANOTES – WHO CAN OBTAIN ACCESS TO RESEARCH DATA? PROTECTING RESEARCH DATA AGAINST COMPELLED DISCLOSURE – February 27, 2013
• NACUANOTES - STUDENT CONDUCT ISSUES DURING STUDY ABROAD PROGRAMMING – January 15, 2013
• NACUANOTES - TRANSGENDER ISSUES ON CAMPUS – December 21, 2012

The following items have been moved into Archives because they were issued some time ago. While most of the information is likely still current, please check with your University Counsel before relying on any advice from these items.


• NACUANOTES - FCC'S $10,000 FINES AGAINST COLLEGE RADIO STATIONS: PLAYING BAD RECORDS MAY BE LEGAL; KEEPING BAD RECORDS IS NOT – December 4, 2012
• NACUANOTES - HOLIDAY AND RELIGIOUS DISPLAYS ON CAMPUS: THREADING THE FIRST AMENDMENT NEEDLE
  – November 15, 2012
• NACUANOTES – FEDERAL DISABILITY LAWS: DO THEY TRANSLATE TO STUDY ABROAD PROGRAMS?
  – April 26, 2012
• NACUANOTES – UPDATE ON ACCOMMODATING SERVICE AND ASSISTANCE ANIMALS ON CAMPUS: MAKING HEADS OR TAILS OF FEDERAL DISABILITY LAWS
  – March 16, 2012
• Title IX and Sexual Violence
  - January 2012
  • NACUANOTES – OCR'S "DEAR COLLEAGUE" LETTER ON TITLE IX AND SEXUAL VIOLENCE – FIRST STEPS FOR COMPLIANCE
  • NACUANOTES – OCR'S "DEAR COLLEAGUE" LETTER ON TITLE IX AND SEXUAL VIOLENCE - TRAINING OBLIGATIONS
• NACUANOTES - "NEW TITLE II REGULATIONS REGARDING DIRECT THREAT: DO THEY CHANGE HOW COLLEGES AND UNIVERSITIES SHOULD TREAT STUDENTS WHO ARE THREATS TO THEMSELVES?" – November 1, 2011
• NACUANOTES - "FROM TINKER TO TWITTER: MANAGING STUDENT SPEECH ON SOCIAL MEDIA" – March 16, 2011
• NACUANOTES - "GENES AT WORK - NOTHING TO BE CASUAL ABOUT" – March 9, 2011
• NACUANOTES - "EXPORT COMPLIANCE DURING THE VISA APPLICATION PROCESS" - February 11, 2011
• NACUANOTES - "PEER-TO-PEER FILE SHARING REQUIREMENTS OF THE HIGHER EDUCATION OPPORTUNITY ACT" – July 22, 2010
• NACUANOTES - "THE TITLE IX IMPLICATIONS OF ELIMINATING AN INTERCOLLEGIATE SPORTS TEAM" – June 22, 2010
• NACUANOTES - "TELECOMMUTING: FROM HERE TO THERE; FROM THERE TO HERE, LEGAL ISSUES TO BEWARE" – May 25, 2010
• NACUANOTES - "E-VERIFY: Compliance for College and University Federal Contractors " – January 20, 2010
• NACUANOTES - "Foreign Faculty in H-1B Status: Understanding the Basics" – November 10, 2009
• NACUANOTES - "International Academic Travel and U.S. Export Controls" – August 28, 2009
• NACUANOTES - "FERPA and Campus Safety" – June 19, 2009
• NACUANOTES - "Whose Room is it Anyway? Lawful Entry and Search of Student Dormitory Rooms" – January 21, 2009
• NACUANOTES - "Liability for Sexual Assault by College Athletes under Title IX" – November 7, 2008
• NACUANOTES: "Preparing for E-Discovery" - February 22, 2008
• Safe Schools and FERPA - October 30, 2007
• NACUANOTES: “FERPA and Campus Safety” - August 6, 2007
• NACUANOTES: OFCCP “Internet Applicant” Data Collection and Record keeping Rule - February 6, 2007
• ACE: Revised White Paper on Copyright and Potential Student Liability for P2P File Sharing on University Networks (.pdf)
  - November 8, 2006
• NACUANOTES: "The Constitutionally and Current Status of the Solomon Amendment" - August 31, 2006
• NACUANOTES: "Student Criminal Background Checks"
  - March 10, 2006
• NACUANOTES: "Changes to the Alien Worker Labor Certification Process" - March 24, 2005
• NACUANOTES: "Copyright, Peer-to-Peer File Sharing and DMCA Subpoenas" - November 6, 2003