Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Schmid compliance - Essay Example

Comments (0) Cite this document
Does the court’s opinion in Schmid unduly interfere with the autonomy of private colleges and universities? Should the court have recognized some type of “institutional academic freedom” that would protect private institutions against such exercises of state power? …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
Schmid compliance
Read TextPreview

Extract of sample "Schmid compliance"

Compliance Does the court's opinion in Schmid unduly interfere with the autonomy of private colleges and universities Should the court have recognized some type of "institutional academic freedom" that would protect private institutions against such exercises of state power See generally the Student Edition Section 6.1.6; and see also Finkin, "On 'Institutional' Academic Freedom," 61 Tex. L. Rev. 817 (1983).
The court's opinion in Schmid does not unduly interfere with the autonomy of private colleges and universities. The court should perhaps have recognized some "institutional academic freedom," however, that would protect private institutions against exercises of state power that violate the bylaws of colleges and/or universities.
1. Is the college subject to the requirements of Title IX (does it receive federal financial assistance) If so, is its athletic program subject to the requirements of Title IX
Since only students receive financial aid, and even though the university itself does not receive financial aid from the government, Title IX is still federal law. Thusly, the college is subject to the requirements set forth in Title IX.
As such, its athletic program is subject to the requirements of Title IX as well. This means that, even though the school per se receives no financial aid and it is technically a private institution, that the university is still beholden to Title IX statutes.
This means that the law must be followed irregardless of the fact that it does not receive federal monies itself. The university is still obliged to uphold the law set forth in Title IX.
2. Has the college complied with Title IX's requirement that it effectively accommodate the interests and abilities of women students

This is a dicey issue. On one hand, the school, since it must make budget cuts, is being forced to eliminate the women's varsity softball team.
Also, one of the mens' teams is being cut as well, so it would appear that the university is not being unfair in any manner. However, since the school is approximately 50% men and 50% women, and since 39% of women compete in sports, it seems as though the school may have a difficult time making their case for why this program should be cut.1
On one hand, the womens' softball team does have less athletes, than say, the womens' swim team. It would therefore seem like a logical choice that, in the face of budget cuts, the womens' softball team would be the first to go.
However, considering the fact that the school is comprised of about almost the same amount of men, it seems that the university would want to comply with Title IX.
The female student athletes could probably make a reasonable argument that they were not being given reasonable accommodation under Title IX. These are the facts.
3. On which of OCR's three "benchmarks" for measuring effective accommodation of student athletes' interests and abilities might the college base its defense What
arguments could the college raise under each
The first benchmark is one that the college might base its defense on. The college could raise the factors under each benchmark that: a) the college had to make budget cuts; b) the cuts that were made were made both to the mens' and womens' teams; and that c) the cuts were necessary in order so that the school could still continue to function.

Kaplin, W.A. & Lee, B.A. (2007). The law of education fourth edition: student version. USA:
John Wiley & Sons, Inc. Read More
Cite this document
  • APA
  • MLA
(“Schmid compliance Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Schmid Compliance Essay Example | Topics and Well Written Essays - 500 Words)
“Schmid Compliance Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Schmid compliance

Compliance and Financial Regulation

... rule can give a useful enterprise wide benchmark, though must be added to take numbers of an agencies individual consequences. (Mackintosh, p.1 ; Saleh, 25-35) Requirements for the compliance with the changes: In order to comply with new supervisory regime under the twin peak model, it is necessary for our firm to undertake certain preparations. First of all, the firm needs to Change the way it calculates the financial resources it need to hold for providing a sufficient level of certainty that it will be capable of making contractual and expected optional payments, such as terminal bonuses. Second, the new proposals made by FSA relating to its twin peak regime require the firm to guarantee that it makes provision for reserves for its...
10 Pages(2500 words)Essay

Riordan Corporate Compliance Plan

..., one finds that the organization has a great deal of compliance issues that it needs to address. It is in this area that the Riordan Manufacturing organization is necessitated to revisit its corporate compliance policies in order to come up with a new compliance plan that will bring about legal compliance in all areas of its business operation. This paper thus draws up a compliance plan for Riordan Manufacturing. Mission Statement The focus of the Riordan Manufacturing can be simplified in manifold categories. Riordan Manufacturing has a belief that the organization is the main player in the plastics industry. The company thus focuses on six sigma and cutting edge research and development that exceed the industry standards. In addition...
10 Pages(2500 words)Essay

Medical Compliance Plan

...?Medical Compliance Plan The need for an to have a practice plan, particularly in the health industry, goes beyond service delivery efficiency since the overall impact on health and society is invaluably important. In view of the various quality assessment concepts that the institution and its clients derive form a suitable practice plan, the specifics of beneficial impacts can be isolated. Firstly, a practice plan is needed to improve management oversight role for such a sensitive institution. In a well-implemented plan, managerial roles and service delivery can be projected to deliver impeccable results as opposed to an implementation arrangement without a particular plan. Secondly, the improvement and sustenance of quality of service...
3 Pages(750 words)Essay

Riordan Corporate Compliance Plan

...? CORPORATE COMPLIANCE PLAN The Riordan corporate compliance plan Riordan is a group of manufacturing industries fully owned by the Riordan industries. The industries produce different variety of plastic products that they produce in different countries depending on the market availability (Cheeseman, 2010). They have plastic manufacturing industries in china, which produce plastic fan parts and Albany where they have GA plant and Pontiac, where MI plant is located. The customers to Riordan are mainly the aircraft manufacturers, who take some of their products in making the aircrafts, automotive parts manufactures, the department of defense and finally the appliance industries together with many other groups of companies (COSO, 2010...
3 Pages(750 words)Research Paper

Regulatory and Compliance Issues

...?FOFA Reforms By Question Financial Product A. Formal Definition Under Section 763A of Chapter 7 of the Corporations Act 2001, as amended by the Financial Services Reform Act 2001, a financial product is defined as a transaction in which an individual either directly or indirectly, invests financial assets, “manages financial risk” or “makes non-cash payments” (Corporations Act 2001, Section 763A). In this regard, an investment is a transaction in which funds or assets are transferred to another with the expectation that they will generate profits (Corporations Act 2001, Section 763B). Managing financial risks refers to actions taken to compensate for losses accrued as a result of or impacting the investment. This might include... Reforms By...
3 Pages(750 words)Assignment

Code Of Ethic Compliance

...Incredible work has been done by the thinkers to frame various s of ethics in all spheres of life but these have been taken up as mere preaching and discussions. The codes of ethics are basis for discipline and not proceedings, but the results are alluding even at school level. So what are the issues According to Dan Rather "The dream begins with a teacher who believes in you, who tugs and pushes and leads you to the next plateau, sometimes poking you with a sharp stick called "truth." Remember "Habitual is tiring and boring, Hobbytual is exciting and enjoying". Forced! It does not work. A peaceful mind is the first requisite in any endeavor. The tendency of the mind is to wander. The mind has to be kept under intellectual... work has been...
2 Pages(500 words)Essay

Handwashing Compliance

It is obvious that more washing and scrubbing damage ecology and health of the skin and harm resistance of the skin flora, rather than reducing the risk of harboring and transmitting infectious agents. Taking into account the increase in the vulnerable patient population, effort should be made to identify proper antiseptic products that provide adequate protection from transmission of infecting agents, at the same time that does not damage skin health. Recent studies propose the use of alcohol-based hand rinses as an alternative to detergent-based antiseptic products because they have 'rapid and broad-spectrum activity, excellent microbicidal characteristics, and lack of potential for the emergence of resistance' as well as requir...
13 Pages(3250 words)Term Paper

Compliance managment

...Compliance Management An Assignment Submitted by of Establishment XXXX, Section XXXX, Spring Compliance management isconcerned with the identification of applicable requirements of the organization in the field it is operating in, assessment of present compliance, assessment of potential outcomes of non-compliance and recommendation of measures and strategies to address compliance problems as well as avoid reoccurrence of such problems (Lekatis, 2012). In most organizations, numerous things get to be considered including regulatory requirements that will often branch into numerous departments making it hard for a single manager to comprehend. Applying compliance management would ensure that accidental violations of contracts, regulations...
2 Pages(500 words)Research Paper


...Compliance al Affiliation) The 2002 Sarbanes-Oxley Act (SOX) sought to curb financial ment fraud in American public companies. SOX define the executive’s financial and accounting responsibility. Wobbly Wheels (WW) Distribution Company is vulnerable to SOX compliance issue. The compliance issue might affect the company’s the information systems by defining the financial and accounting responsibility of the CFO. It might also determine the design of WW’s financial reporting requirements and financial reporting processes (Lane, 2011). SOX compliance issue might require the company to adopt and report on internal financial controls and procedures. Additionally, SOX might affect the company’s information systems that entail information security...
1 Pages(250 words)Essay

Patient Compliance in Venous Leg Ulcers

...Patient Compliance in Venous Leg Ulcers Abstract Venous leg ulcers are said to be a problem for both patients and the health system which must provide care to those who have been afflicted by this painful condition. However, the treatment can be prolonged and patient compliance is important if healing is to occur and recurrence is to be prevented. Although it has been said that most of the venous leg ulcers could be healed only if adequate resources were to be found to treat all sufferers by admitting them to hospitals for leg elevation and compression therapy, this is a difficult task for a health system that is constrained by resources. Thus, it is necessary to treat most of the cases as outpatients and as far as possible, ensure...
22 Pages(5500 words)Essay

IT Law Compliance and Strategy

..., Mr X has made a subject access request to see copies of this information and section 5 of the DPA 2002 provides individuals with a legal right to request copies of information held on them, with a description of the purpose for which such information has been processed and to whom the information has been disclosed. Under the DPA right, the Company will have a legal obligation to comply with a subject access request and failure to comply can result in being liable to Mr X for a compensation claim of a fine up to the sum of £5000. In terms of compliance with the request, the Company will be required to provide access to data as defined by the DPA, which is personal and is not subject to any exemptions. In terms of exemptions...
19 Pages(4750 words)Research Paper

Delta Air Lines to Assure Environmental Compliance

...Delta Air Lines to Assure Environmental Compliance Abstract Delta Air Lines, the leading U.S. carrier across the Atlantic and the second-largest airline in the world in terms of passengers carried, is a company that offers daily flights to more than five hundred destinations in over a hundred countries on Song, Delta Shuttle, Delta, the Delta Connection carriers and its partners all over the world. This paper gives a factual elaboration and a critical assessment of this airline focusing mainly on the company’s mission and vision, the goods and services it markets in the global economy, its major competitors, its market share, financial profitability of the company from the year 2007 to date, its hedging techniques and the quality of its...
22 Pages(5500 words)Research Paper

Reasons for Non Compliance in Medical Treatment

...Noncompliance to Medical Treatment: The Case of Individuals with Multiple Sclerosis Introduction For some individuals a crystal-clear diagnosis is unburdening. For others, a definite diagnosis is overwhelming and generates either a detrimental reaction or pathological defiance such as non-compliance with medical treatment (Sullivan, Mikail, & Weinshenker 1997). Whatever the initial reaction, affirmation of the diagnosis conveys new difficulties. There is an extensive negative publicity about multiple sclerosis (MS); numerous patients as well as their families routinely take on a depressing course for the illness, with overall impairment taking place in short order (Sullivan et al. 1997). Normally, patient has several questions regarding...
12 Pages(3000 words)Research Paper

Compliance & Risk Management

...REGULATORY/ COMPLIANCE RISK MANAGEMENT A Report to the Local Regulator’s Inquiry Regulatory/Compliance Risk Management Introduction This report tends to point out the significant areas associated with organizational risk management and mandatory legal compliance. It will also describe an effective regulatory/risk management process, its significance, and how it can be implemented within an organization without causing employee resistance. The report is mainly based on the writer’s perspective on compliance and risk management. RISK ASSESSMENT AND REGULATORY COMPLIANCE Identification of the risk factor is the primary work in the process of risk management. There must be efforts to patch up the problems expected from the significance...
12 Pages(3000 words)Case Study

Communication And HR Management And Its Compliance With Culture

...Communication And HR Management And Its Compliance With Culture Table of Contents Introduction 2 Project Management Structure and Culture 2 Background: Qatar Petroleum (QP) 4 Affiliates and Qatar Gas II Project 5 Types of Projects 5 Organization Structures 6 Functional Organization Structure) 7 Project Organization Structure 8 Matrix Organization Structure 8 Flexible Organizational Structures 8 CRH Plc Example 10 Diverse Cultures Conflict 11 Management Strategy 13 Organisation Culture Impact 13 Organisational Structure, Management Style and Culture 14 Other Factors in Effective Project Management 16 Conclusion 18 Q2 Predecessor – Successor Relationships 20 Expected Time and Variance for Each Task 20 Early Start, Early Finish, Late...
25 Pages(6250 words)Research Paper

HIPPA Compliance

...HIPAA COMPLIANCE Questions: 1. Discuss what Security Rule measure each corrective action element falls under and why. For each of the “5” corrective action elements mentioned in the real world case, discuss where these corrective actions fall within the Security Rule requirements and why. The first offered corrective measure undertaken by Providence Health and Services that involves the revision of policies and procedures on physical and technical safeguards falls directly under § 164.308 of Security Rule, Administrative Safeguards, which deals with various policies implementation, including security management (Krager and Krager, 86), physical and technical security of data (access authorization, access establishment and modification...
4 Pages(1000 words)Research Paper

Non-Compliance of Emergency Care's Hygiene Standards

...Title - Code Blue- Emergency Care Introduction In any medical hospital it is essential to maintain cleanliness, proper functioning of the infrastructure in the patient’s room, timely availability of medicines, physicians and nurses (Bullock & Coppola, 2008, p. 505). This paper would address the case where a 15 bed emergency wards in a hospital had to face severe criticisms from the patients. The hospital faced brick bats because of its poor maintenance in the emergency room and poor staff behavior. It also faced problems in dealing with special emergency room patients and unprofessionalism its resident doctors and nurses. Diagnosis of the Problems The emergency ward of Christian Medical Hospital in Wales faced severe criticisms...
9 Pages(2250 words)Case Study

Design Compliance of Samsung Electronics v Apple Inc

The consideration here was simply whether the accused design was too close to the registered design in accordance with the tests laid down in the law. It wasn’t a matter of whether or not Apple could have sued in England and Wales for copying utterly irrelevant to this case. In case, they could, they did not. Likewise, infringement of any patent for an invention is never an issue. Quite a lot of differences in the products existed. For instance, the iPad seemed thinner and has noticeably different curves on its sides.
Preliminary Injunctions for this case were applied by apple in respect of all three Samsung tablets in the Netherlands. It got a setback at first instance and on appeal. The Apple inc. had an outstanding p...
9 Pages(2250 words)Case Study

Conducting a Compliance Audit

...Conducting a compliance audit Grade (Oct. 27th, Conducting a compliance audit Air Quality Regulations The Air Quality Regulations are applicable in the chemical processing plant’s case owing to the fact that; the application of boilers in the plant that use natural gas and the possession of the oil fuel-powered fleet of vehicles that are used for transporting finished product entails emissions to the air. According to the Air Quality Regulations, a processing plant must adhere to the principles of ambient air quality as provided under this regulation (NSC, 2014). This regulation provides the sulphur content acceptable in oil fuel used for vehicles and machineries of a manufacturing plant, as well as the ground level concentration...
7 Pages(1750 words)Assignment

The Effect of the Foreign Account Tax Compliance Act on Financial Institutions

...The Effect of the Foreign Account Tax Compliance Act on Financial Institutions Table of Contents Introduction 2 Application of FATCA 2 Broad application 2 Specific application 3 A Group of Companies with FFIs 3 Company as payor 4 Company as payee 4 Implications of FATCA 4 Cost of Non-compliance 4 Cost of Compliance and Administration 5 Relationship with American Clients 6 Bank Secrecy 6 Conclusion and Recommendation 7 Categorize foreign entities 7 Analyze global payment flows 8 Educate business stakeholders 8 Evaluate the need for training 8 Examine related processes 9 Works Cited 10 Appendices 11 Appendix 1: FATCA Timelines (2014-2015, Taken from the FATCA Library) 11 Appendix 2: Recommended action plan for compliance 20 Introduction...
8 Pages(2000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Schmid compliance for FREE!

Contact Us