“ Without reflection, we go blindly on our way, creating more unintended consequences, and failing to achieve anything useful ”
-- Margaret J. Wheatley
We begin our 17th year of Case in Point with our annual tradition of analyzing each category and assessing the risks we may see in the new year. Our goal is always to help educate our industry on current and emerging risks with a view toward proactively managing these risks in order to avoid becoming a headline.
In 2024 we noted three areas that we were monitoring closely: 1.) NCAA changes; 2.) federal changes in sub-regulatory guidance with respect to Title IX; and 3.) changing federal requirements regarding sponsored research. We will continue to monitor these areas in 2025.
We anticipate that college athletics will go through major changes this year with the introduction of revenue sharing with college athletes. Exactly what that looks like will become clearer in the coming months, but it will undoubtedly introduce substantial financial risks and implications for athletics programs.
With the new year came a new presidential administration. The Title IX guideline changes that were proposed by the previous administration are off the table; however, the number of executive orders now being issued will certainly have some impact on higher education. Higher ed professionals across the country are certainly keeping their eyes on the White House.
When we look at each specific category for 2024, we see similar percentages of stories linked from the prior few years:
Information Security & Technology: 11% (14% in 2023)
Fraud & Ethics: 11% (14% in 2023)
Compliance & Legal: 40% (41% in 2023)
Campus Life & Safety: 38% (31% in 2022)
We were not surprised to see the uptick in Campus Life & Safety headlines given the turmoil caused by the Israeli-Palestinian conflict in late 2023.
Next month we will begin our deep dive into each category and look for other emerging issues to consider in higher education. Until then, we invite you to review the news stories from January with a view toward proactive risk management. As always, we welcome your feedback.
Jan 30: Cyberattack: The University of Notre Dame is investigating a recent cyberattack that targeted its systems. In an official statement to The Cyber Express, the university confirmed the University of Notre Dame cyberattack and emphasized its commitment to protecting its infrastructure. The statement read, "The University of Notre Dame is investigating a cyber incident. We are taking this incident seriously and working as a priority to ensure the security of our systems." This cybersecurity incident at the University of Notre Dame comes at a time when the education sector globally has seen a significant rise in cyberattack attempts. According to Microsoft’s latest Cyber Signals Report released on November 7, 2024, the education sector is now the third most targeted industry worldwide. (link)
Jan 15 : Ransomware: The University of Oklahoma said it is taking steps to address unusual cyber activity it discovered on its network. The school, which has more than 34,000 students, appeared on the leak site of a ransomware gang on Tuesday, with the group claiming to have stolen 91 MB of data that allegedly includes employee data, financial information and more. "The University recently identified unusual activity on our IT network. Upon discovery, we isolated certain systems and are investigating the matter," a spokesperson told Recorded Future News. "As part of this ongoing process, measures are being implemented across our network." The ransomware gang that claimed to be behind the University of Oklahoma incident has repeatedly targeted higher education institutions by exploiting compromised VPN credentials, according to experts. (link)
Jan 08: Data Breach: Indiana University Health (IU Health) has reported a data breach affecting a limited number of individuals, potentially compromising Social Security numbers and other sensitive personal information. The breach, first detected on November 8, 2024, impacted specific patient and employee data, and IU Health notified those affected on January 2, 2025. According to IU Health, the breach may have included personal details such as addresses, ages, medical record numbers, diagnoses, and other treatment-related information. While the breach was primarily confined to a limited group of individuals, Social Security numbers were included for some affected persons. The breach occurred due to unauthorized access to an IU Health team member’s email account, compromised between August 27, 2024, and October 2, 2024. (link)
Jan 01: Ransomware: The Texas Tech University Health Sciences Center and its El Paso counterpart suffered a cyberattack that disrupted computer systems and applications, potentially exposing the data of 1.4 million patients. The organization is a public, academic health institution that is part of the Texas Tech University System, which educates and trains healthcare professionals, conducts medical research, and provides patient care services. The organization announced that, in September 2024, it suffered a cyberattack involving sensitive data theft. In a filing with the U.S. Department of Health and Human Services Office for Civil Rights, the Texas Tech University Health Sciences Center reports that the breach exposed the combined data of 1,465,000 people. (link)
Fraud & Ethics Related Events
Jan 22: Plagiarism: Portions of the Indiana University president’s 1996 doctoral dissertation appear to be taken word for word from other academic research, according to a tip whose contents were verified by The Chronicle. In more than three dozen instances throughout her 174-page dissertation, Pamela S. Whitten appeared to borrow language without using quotation marks from at least 15 other research papers and books. Sometimes she cited the sources in-text but other times did not mention the source from which the text was taken. Experts in plagiarism and academic integrity reached by The Chronicle said the examples constitute poor phrasing and improper citation and warrant a correction. But they disagreed on whether the alleged violations should be treated as severe plagiarism. (link)
Jan 01 : Ethics: Questions are surrounding the death of a popular NC State faculty member, whom NC State police found dead in his office on Nov. 20. Police found Marshall Brain II, director of the Engineering Entrepreneurs Program, unconscious and nonresponsive in his office at Engineering Building II on Centennial Campus at 7:00 a.m. NC State Police Public Information Officer Conner Hartis confirmed police found Brain deceased upon their arrival. No cause of death has been released. Hours before Brain’s death, he sent an email to colleagues saying two University department heads retaliated against him after he filed several ethics complaints months before his death. University spokesperson, Mick Kulikowski, said the University has no comment on the allegations or Brain’s death. The University has also not issued a public statement on Brain’s death. (link)
Jan 01 : Overpayment: The state of Connecticut overpaid hundreds of college employees using taxpayer money, and now they're asking for it back. During a Connecticut State Colleges & Universities Board of Regents Faculty Advisory Committee meeting on Friday, a member, who is also a Gateway Community College professor, revealed that a review of payments from 2022 found a calculation error led to some Connecticut State Colleges and Universities (CSC) employees getting overpaid. "We're talking about a couple of hundred folks and the amounts range up to $4,500 so people are about to be asked to repay to the system thousands of dollars that they were overpaid a couple years ago that they just identified," Colena Sesanker said. At the request of the governor, Comptroller Sean Scanlon looked at CSCU’s finances. They specifically looked at inappropriate spending, inadequate reporting and misuse of state property. (link)
Compliance/Regulatory & Legal Events
Jan 29: Free Speech Settlement: A month after Kimberly Diei enrolled as a doctor of pharmacy student at the University of Tennessee, the college’s professional conduct committee received an anonymous complaint about her posts on social media. The college reviewed her posts, which included racy rap lyrics and tight dresses, and concluded that they were vulgar and unprofessional. It threatened to expel her. For the last four years, Ms. Diei has been fighting her school in court, arguing that her posts were fun and sex-positive, and unconnected to her status as a student. Now she has won a settlement: On either Wednesday or Thursday, she expects to receive a check for $250,000 -- both vindication and relief, she said. (link)
Jan 27: First Amendment Lawsuit: A former University of Wisconsin-La Crosse chancellor fired over his involvement in the adult entertainment industry filed a federal lawsuit Monday in hopes of getting reinstated as a professor at the campus. Joe Gow’s story has garnered national attention both for the salaciousness of a high-profile university official making pornographic movies and publicly talking about it, and for the questions it raises about free speech rights. UW system regents removed Gow as chancellor in December 2023 after learning through an anonymous complaint that he and his wife, Carmen Wilson, have discussed sexual issues in their "Sexy Healthy Cooking" YouTube videos, created and starred in online pornographic videos and published two e-books under pseudonyms about how porn enriches their relationship. (link)
Jan 22: Termination Lawsuit: The Jackson State University’s president and governing board are facing a lawsuit from the faculty senate president who last fall was placed on leave pending termination. Dawn McLin’s lawsuit comes more than two months after a faculty panel reviewed the university’s basis for her termination and recommended she be reinstated to her position as a psychology professor. But the university’s president, Marcus Thompson, has yet to respond to the panel’s recommendation, putting McLin in what she alleges is a state of limbo meant to force her to resign. McLin’s lawsuit alleges that Jackson State undertook a "sham investigation" at IHL’s behest to remove her from the university after she oversaw repeated no-confidence votes in the administration. (link)
Jan 22: Title VI: Harvard University has agreed to strengthen its policies against antisemitism on campus as part of a settlement of two federal lawsuits accusing the school of not doing enough to prevent antisemitic discrimination and harassment. Under the deal, Harvard will adopt the broad International Holocaust Remembrance Alliance ("IHRA") definition of antisemitism, which considers certain cases of anti-Zionist or anti-Israeli criticism as antisemitism. Critics say the definition is overly strict and wrongly conflates the two, and will stifle free and open academic inquiry. Harvard calls the move one of many "robust steps" that will ensure that "Jewish and Israeli students are treated in the same manner and with the same urgency as all protected groups." (link)
Jan 17: Discrimination Lawsuit: University of Pennsylvania law professor Amy Wax sued the school for racial discrimination on Thursday, escalating a long-running clash with administrators over her controversial statements on race. The lawsuit, filed in federal court in Philadelphia, said Penn is quicker to discipline white people under its free speech policy while overlooking similar conduct by racial minorities. Wax also claimed that Penn violated her tenure rights in October when it suspended her from teaching for one year with half pay following an investigation into public statements Wax made about minority groups that many deemed racist. (link)
Jan 17 : First Amendment Lawsuit: The ACLU of Florida filed suit this week against a 2023 law it argues curtails academic freedom and violates First Amendment rights. The lawsuit was filed on behalf of professors whose careers have been "disrupted" as a result of SB 266, a law mandating Florida schools not spend state or federal funds to promote or maintain programs that advocate for DEI "or promote or engage in political or social activism." The lawsuit names the Board of Governors and boards of trustees at University of Florida, Florida State University, and Florida International University as defendants. The plaintiffs allege viewpoint discrimination under the First Amendment, that the law is over-broad, and violates Florida’s Campus Free Expression Act. Attorneys for the ACLU of Florida argue the law should be void for vagueness, too. (link)
Jan 14: State Law: Republican Gov. Patrick Morrisey issued a slew of aggressive executive orders on his first full day as West Virginia’s chief executive Tuesday, including one enabling families to receive religious exemptions from required school vaccinations -- a massive departure for a state with one of the strictest vaccine policies in the nation.Another order called for the termination of all Diversity, Equity and Inclusion, or DEI, initiatives from state-run institutions, something Morrisey said he believes will protect West Virginians from racial and gender discrimination -- especially "inappropriate" preferential treatment for certain groups over others. (link)
Jan 10: Employee Conduct: Columbia University and one of its longtime law professors, Katherine Franke, have severed ties after an investigation stemming from her advocacy on behalf of pro-Palestinian students. It was the latest fallout from student and faculty activism related to the Gaza War on a major university campus. Ms. Franke, a tenured professor known primarily for her work as founder and director of Columbia’s Center for Gender & Sexuality Law, had been an advocate for pro-Palestinian students as protests erupted on the campus last school year. She was also one of several faculty members investigated by the university over allegations of antisemitism, after the school received complaints about comments she made about Israelis on a radio program. (link)
Jan 09: Title IX: The Biden administration’s Title IX rules expanding protections for LGBTQ+ students have been struck down nationwide after a federal judge in Kentucky found they overstepped the president’s authority. In a decision issued Thursday, U.S. District Judge Danny C. Reeves scrapped the entire 1,500-page regulation after deciding it was "fatally" tainted by legal shortcomings. The rule had already been halted in 26 states after a wave of legal challenges by Republican states. President-elect Donald Trump previously promised to end the rules "on day one' and made anti-transgender themes a centerpiece of his campaign. The decision came in response to a lawsuit filed by Tennessee, Kentucky, Indiana, Ohio, Virginia and West Virginia. (link)
Jan 07: Title VI: The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Johns Hopkins University in Maryland has entered into a resolution agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 (Title VI) when responding to allegations of harassment based on shared ancestry. OCR’s investigation confirmed many important steps taken by the university to fulfill its Title VI obligations with respect to shared ancestry. Nonetheless, OCR identified a Title VI compliance concern that, although the university received 99 complaints of harassment based on shared ancestry from October 2023 through May 2024, the records generally do not reflect university consideration of whether these and other incidents individually and cumulatively created a hostile environment for students. (link)
Jan 06: Termination Lawsuit: A Chinese-born chemistry professor targeted by the Trump administration -- but later cleared -- over economic espionage accusations says the University of Kansas improperly reported him to the FBI based solely on the "wild" claims of an aggrieved exchange student trying to extort him for a six-figure sum. [The] professor's "life, career, reputation, and finances are in shambles as a result of KU’s egregious conduct," according to a federal lawsuit filed Friday and obtained by The Independent. He is now demanding he be reinstated, plus reimbursement for lost wages, as well as money damages for reputational injury, emotional distress, and pain and suffering, to be determined at trial. (link)
Jan 01 : Federal Law: President Joe Biden signed a bill on Christmas Eve aimed at reducing hazing on college campuses nationwide, putting the first-of-its-kind federal legislation into effect as state-level anti-hazing measures have varied in punishments and requirements for years. The law defines hazing as "any intentional, knowing, or reckless act committed by a person against a student" that "causes or is likely to contribute to a substantial risk... of physical injury, mental harm, or degradation." Colleges and universities will also be federally required to produce publicly available campus hazing transparency reports that summarize findings of student organizations that violated college hazing rules, general descriptions of the violations including whether they involved the abuse or illegal use of alcohol or drugs and any sanctions placed on the involved student organization by the college. (link)
Campus Life & Safety Events
Jan 30: Hazing: Indiana University’s Sigma Delta Tau sorority has been placed on a cease and desist status following allegations of hazing, according to the Office of Student Life’s website. This action suspends all organizational activities pending further notice. A cease and desist order is a disciplinary measure the university employs when an immediate threat or ongoing investigation exists. In addition, the university currently suspended eight other organizations, including Kappa Alpha Psi, suspended on November 15th for dishonest conduct, endangering others, physical abuse, and hazing. (link)
Jan 24: Hazing: Washington State University owed a "duty of care" to Sam Martinez, a student who died in a 2019 fraternity hazing incident, a state appeals court ruled this week. A 19-year-old freshman from Bellevue and a Newport High graduate, Martinez died of alcohol poisoning while pledging a WSU-recognized fraternity, Alpha Tau Omega. In a lawsuit filed in 2020, Martinez’s parents argued that WSU, the fraternity and others bore responsibility for the death. In 2022, a King County Superior Court judge dismissed the case against the university, writing that WSU did not owe a duty of care to Martinez. The appeals court decision Tuesday overturns that ruling. The case is now sent back to the superior court for further proceedings. The appeals court did not rule specifically on whether WSU is liable for Martinez’s death. (link)
Jan 23 : Campus Climate: Columbia University says it is "expediting" its investigation into a group who disrupted a class on Israeli history Tuesday. Demonstrators handed out flyers with "violent imagery" to students attending a History of Modern Israel class, the university said in a statement. It was the first day of Professor Avi Shilon’s class, and students had only just been introduced to the course when protesters -- whose faces were covered and appeared to be wearing keffiyehs, a traditional Middle Eastern scarf often identified as a symbol of Palestinian identity -- entered and distributed anti-Israel leaflets, student Elisha Baker told CNN. As a result of the interruption, Columbia said it is intensifying its investigative efforts to identify the individuals involved as well as modifying its security measures. The school said it did not know if the demonstrators were students. (link)
Jan 21: Death: WITN reports a man is dead after an officer-involved shooting at an ECU facility Monday evening. The Greenville Police Department said officers were called to assist ECU police at the ECU North Recreational Complex at 601 Recreational Way after a report of a man with a gun who was threatening to harm himself around 4:30 p.m. Officials say at around 5:15 p.m., the man raised a gun at police officers, causing an officer to shoot and kill him. The Greenville officer who shot the man has been placed on administrative assignment. The SBI has also been requested to help follow up with investigating the shooting. (link)
Jan 17: Drug Use: Health officials warn the increased use of nitrous oxide, an inhalant commonly used by healthcare providers as a sedative, is causing an influx in throat and mouth injuries among college students. Commonly referred to as laughing gas, nitrous oxide is an odorless gas used for sedation and pain relief as it slows down the nervous system by restricting oxygen flow to the brain, producing a high. For months now, social media has amplified the trend as people film themselves or their friends doing whippets. Experts say as young people continue to struggle with their mental health, the increase in social media posts about huffing have contributed to its normalization. (link)
Jan 17: Expulsion: Four students allegedly involved in distributing "Wanted" posters of University of Rochester leadership, faculty and employees have been expelled, according to a statement from UR’s Students for Justice in Palestine chapter. The posters, which appeared the night of Nov. 10, targeted some UR community members for their handling of the university’s response to the Oct. 7 attacks against Israel and the ensuing war in Gaza and Lebanon, or for their alleged ties to the Israeli war effort and settlement movement. The expelled students ... were subject to the school’s Code of Conduct violation procedures and also charged with second degree criminal mischief, a class D felony, by the Monroe County district attorney’s office. (link)
Jan 17: Free Speech: A Mississippi college professor says he was fired for emailing his students the day after Donald Trump’s 2024 election victory and calling the US a "racist and fascist country." James Bowley, 62, a veteran professor and chair of religious studies at Millsaps College in Jackson, was placed on temporary administrative leave pending review on November 8, 2024 -- two days after he sent the email on the outcome of the election result, according to the non-profit civil liberties group Foundation for Individual Rights and Expression(FIRE). Bowley told The Independent that the November 6 email was sent to his "Abortion and Religions" class to notify them he was canceling their lesson in the wake of Trump’s defeat of Kamala Harris. (link)
Jan 13: Hazing: Just months after returning to the University of Iowa in spring 2024 following its removal for alcohol and other violations in 2018 -- when it was just reestablishing itself after closing in 2012 due to hazing -- the UI chapter of Sigma Alpha Epsilon already is facing interim suspension, again, due to hazing allegations. The allegations came to the UI Office of Student Accountability via anonymous email "that students were in the basement of the Sigma Alpha Epsilon chapter structure," according to the office’s Nov. 20 notice of interim suspension. "Along with this email was an included video showing multiple students in the basement performing exercises at the appearance of command of other students," according to the letter. (link)
Jan 08: Natural Disaster: Some colleges and universities in the Los Angeles area shut down their campuses on Wednesday as multiple wildfires continue to rage in the region, consuming homes and businesses. The California Institute of Technology (Caltech) closed its campus in Pasadena except for all nonessential operations and canceled classes due to the nearby Eaton Fire. School officials said the only people allowed on the premises were essential staff, emergency responders and residents. A Caltech spokesperson told FOX Business that student residents are safe, have access to food, water, masks and emergency supplies, and have been asked to remain and stay off roadways. (link)
Jan 07: Greek Life: Four fraternity members at San Diego State University are facing felony charges in connection with a skit performed at a party last year during which a pledge was set on fire, causing third-degree burns that covered over 16 percent of his body, prosecutors said. The four included active members and pledges of the Phi Kappa Psi fraternity. The fraternity was already on probation by the university for violating its policies on alcohol and hazing when its members planned a large party at the fraternity house Feb. 17, 2024, that involved a skit in which [one student] would set [another student] on fire, according to the San Diego County District Attorney’s office. (link)
Jan 01: International Students: A growing number of U.S. colleges and universities are advising international students to return to campus before President-elect Donald Trump is inaugurated, over concerns that he might impose travel bans like he did during his first administration. More than a dozen schools have issued advisories, even though Trump’s plans remain uncertain. At some schools, the spring semester begins before Trump will take office, so students may have to be back in class anyway. But for anyone whose ability to stay in the United States depends on an academic visa, they say it’s best to reduce their risks and get back to campus before Jan. 20. (link)
If you have any suggestions, questions or feedback, please e-mail Kevin Robinson at robinmk@auburn.edu or Robert Gottesman at gotterw@auburn.edu. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter and subscription information are available on our website.