College administrators need partners who understand their world - the dynamic relationship between faculty and administration, the challenges of ensuring a stable and well-regulated student community, the expanding regulatory climate affecting education, and the technology that will frame the institutions of tomorrow.
Areas of Practice
We routinely advise administrators on compliance, best practices, and trends in the law uniquely affecting community colleges. These areas include:
- Institutional policies, including Employee, Faculty and Student Handbooks
- Admissions policies and practices
- Financial aid and scholarships
- Construction agreements and facilities finance
- Labor negotiations
- Compliance with laws regulating classified and certificated employees
- Wage and hour compliance
- Severance and separation agreements
- Technology and software licensing agreements
- Third-party vendor and multi-institution contracts
- Online education contracting
- Regulatory compliance
- Fundraising and development
- Bond counsel services
- Real Property
- Environmental Issues
Lozano Smith clients consistently turn to the Community College Practice Group for guidance in every aspect of claims and litigation. They assist this specialized group of clientele with:
- Employment litigation
- Harassment and discrimination complaints
- Student code of conduct violations and proceedings
- Tenure disputes
- First Amendment claims
- Layoff proceedings
- Labor arbitrations
- Breach of contract claims
- Embezzlement/fraud issues
- Unfair business practices claims
- Premises liability claims
- Vendor disputes
Investigations - Learn more
The inherent seriousness and sensitivity of workplace investigations often obligates an employer to hire an independent investigator to conduct a prompt and comprehensive investigation. Lozano Smith's Investigative Services Team, a specialist group within our Labor & Employment Practice Group, recognizes the challenges that come with investigations of employee, student, and parent complaints. These attorneys have expertly served as investigators and advisors to clients on a broad range of complaints and can help your district to navigate the investigations process. Working alongside K-12 school districts, community colleges, universities and other public agencies, the Investigative Services Team supports management in reviewing and responding to employee, student, and parent complaints in a fair, impartial, and legally compliant manner.
Title IX Impact Team
Title IX has taken center stage on a number of fronts. Long before the national attention, Lozano Smith’s Title IX Impact Team was formed as a specialized group dedicated to the pressing issues faced by school districts. From athletics to sexual violence, this team advises, trains, and educates clients on the various components of Title IX – from prevention and mitigation to investigation and response. The Title IX Impact Team draws from multiple practice groups and focuses to streamline advice and counsel. Areas in which the group provides advice and training include:
- Audit of athletic programs
- Audit of grievance procedures and policies
- Discipline of employees and students
- Sexual misconduct and harassment
- Student and employee protections
- Title IX Coordinator roles and responsibilities
- District and employee liability
- Interaction with law enforcement agencies
Real World Applications
By working with attorneys who specialize in the law of higher education, colleges save time and money, and can trust that the attorneys they are speaking to already understand their world. The Group's practical experience translates into proven, efficient solutions.
March 2021Number 7On March 19, 2021, Governor Gavin Newsom signed Senate Bill (SB) 95 into law. SB 95 provides COVID-19 supplemental paid sick leave (COVID-19 SPSL) to covered employees until September 30, 2021. The new sick leave is in addition to any existing sick leave granted under California or federal law, and any other sick leave offered by employers, including under any collective bargaining agreement.SB 95 is a response to the continued impacts of COVID-19 on the workforce subsequent...
New Appellate Court Case Holds College Not Required to Hold Live Evidentiary Hearing before Issuing Written Reprimand
March 2021Number 5The California Court of Appeal has held that a community college's issuance of a written reprimand to a student found in violation of the college's policy against harassment does not entitle the student to a live evidentiary hearing. (Knight v. S. Orange Cmty. Coll. Dist. (Feb. 10, 2021) Case No. G058644, 2021 WL 486518.) In reaching its decision, the court distinguished a written reprimand from a suspension or expulsion and discussed a string of recent California cases that...
Update on Timeline for Release of 2020 Census Redistricting Data and Impact On Upcoming CVRA Deadlines
*** UPDATED AS OF 2/12/21 ***February 2021Number 4As stated in our February 2021 Client News Brief (link here), the impact of COVID-19 caused the Census Bureau to delay delivery of the 2020 Census apportionment data to the states.As an update, the Bureau recently announced that it will deliver the redistricting data to all states by September 30, 2021. This is two months later than previously expected, and six months later than the statutorily contemplated deadline. This delay will impact man...
Expiration of Expanded and Supplemental Leave under Federal Families First Coronavirus Response Act and AB 1867
February 2021Number 2FFCRA LeaveIn March of 2020, the Families First Coronavirus Response Act (FFCRA) was passed by Congress. The FFCRA provided, among other things, expanded Family and Medical Leave Act (FMLA) leave for child care, and also required employers to provide up to 80 hours of Emergency Paid Sick Leave (EPSL) to employees for COVID-19 related reasons. Our Client News Brief discussing leave provisions granted by the FFCRA can be found here: 2020 Client News Brief Number 17. The FFC...
Release of the 2020 Census Data, its Relevance under the California Voting Rights Act, and its Impact on Public Agency Elections
February 2021Number 1In October of 2020, the United States Census Bureau completed "the count" for the 2020 Decennial Census. While the Bureau has yet to finish tabulating and verifying the final results, the anticipated release of the 2020 Census data will have an important impact on school district and public agency elections. Those public agencies that have already transitioned to "by-district" (or for school districts, "by-trustee area") elections are required by law to analyze the new Ce...
Redefining Sex: How the Office of Civil Rights Distinguishes Title VII from Title IX in Relation to Transgender Athletes
December 2020Number 86The United States Supreme Court's landmark decision in Bostock v. Clayton County Georgia (2020) 590 U.S. __ [140 S.Ct. 1731] is producing ripple effects in the legal community. In Bostock, the Supreme Court held that the scope of Title VII of the Civil Rights Act of 1965 (Title VII) which, in part, prohibits employment discrimination based on sex, extends its workplace protections to people based on their sexual orientation or transgender status (and presumably their gen...
December 2020Number 84The California Occupational Safety and Health Standards Board recently adopted new COVID-19 emergency temporary standards. The temporary standards became effective on November 30, 2020, and expire October 2, 2021. The temporary standards apply to almost all employers and places of employment, with very few exceptions. The exceptions include workplaces where there is only one employee who does not have contact with other people, employees who work from home, and certain e...