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Articles by Kasey Nielsen
After House Bill 68 Override, Implications for Education in Ohio | JD Supra
The Ohio legislature’s override of House Bill 68 comes after nearly two years of debate about how to handle mental health, healthcare, and athletics for transgender youth. School districts and higher education institutions should take proactive steps to understand the new laws and their implications.
Day 2 Recap of NCAA Convention 2024 - Special to Sports Law Exper
Day 2 Recap of NCAA Convention 2024 – Special to Sports Law Exper Holt Hackney legal NCAA NIL | 0 By Kasey Nielsen and Joel Nielsen, of Bricker Graydon The second day of the NCAA Convention was as action-packed as the first, but two issues stood out. NCAA goes (back) to Washington Perhaps in a nod to its recent track record, the NCAA doubled-down on its position that federal legislation is the best avenue for a more uniform system.
Day 1 Recap of NCAA Convention 2024 - Special to Sports Law Expert
Day 1 Recap of NCAA Convention 2024 – Special to Sports Law Expert Holt Hackney compliance NCAA | 0 By Kasey Nielsen and Joel Nielsen, of Bricker Graydon What a start! Nearly every first day of the NCAA convention brings a certain flare to it, and this year was no different. Here are our key takeaways: New Division I NIL Rules to “Protect” Student-Athletes Division I approved rules that are intended to protect student-athletes and provide greater transparency.
The Transfer Portal is Open for Business: Steps for Giving Advice to Student-Athletes | JD Supra
The National Collegiate Athletic Association (NCAA) transfer portal is open for business, though that phrase may be too accurate these days. Nevertheless, for Division I football student-athletes, the time is now and business considerations seem to be front of mind, even if no one is saying as much out loud.
The Transfer Portal is Open for Business
Thursday, December 7, 2023 The National Collegiate Athletic Association (NCAA) transfer portal is open for business, though that phrase may be too accurate these days. Nevertheless, for Division I football student-athletes, the time is now and business considerations seem to be front of mind, even if no one is saying as much out loud.
College Coaching Contracts and the Future of “Buyouts” | JD Supra
This time of year, the topic of coaching contract buyouts tends to bring a certain level of angst. This is no surprise, of course, as it often comes with a considerable price tag and an attendant level of press coverage. According to ESPN, approximately $146 million has been owed to fired head football coaches at Power 5 schools since the start of the 2022 season, including both a $76 million and a $21.7 million buyout. Why are universities agreeing to these buyout provisions and payments?
College Coaching Contracts and the Future of “Buyouts”
Friday, November 17, 2023 This time of year, the topic of coaching contract buyouts tends to bring a certain level of angst. This is no surprise, of course, as it often comes with a considerable price tag and an attendant level of press coverage. According to ESPN, approximately $146 million has been owed to fired head football coaches at Power 5 schools since the start of the 2022 season, including both a $76 million and a $21.7 million buyout.
[Webinar] Athletics Hot Topics (Higher Education Series) - April 12th, 12:00 pm - 1:00 pm EST | JD Supra
The college athletics landscape and its compliance requirements is ever-changing. How will these developments continue to practically and legally impact your campus? Join Bricker Graydon Athletic Compliant team members Kasey Nielsen, Kylie Stryffeler, and Joel Nielsen for an update on college athletic compliance. At Bricker Graydon, we strive to host inclusive, accessible events that enable all individuals, including those with disabilities, to engage fully.
[Ongoing Program] Session 4: The Future of College Athletics | Practical Tips and Takeaways in Anticipating the "New Normal" - October 10th, 12:00 pm - 1:30 pm ET | JD Supra
Cost Per Attendee $150.00 Per session $500.00 For all four sessions The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your knowledge on current and forward-looking legal and compliance obligations that every leader within the athletic department should be aware of.
[Ongoing Program] Session 3: Athletic Operations and Revenue Generation in an Ever-Changing Climate - October 3rd, 12:00 pm - 1:30 pm ET | JD Supra
Cost Per Attendee $150.00 Per session $500.00 For all four sessions The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your knowledge on current and forward-looking legal and compliance obligations that every leader within the athletic department should be aware of.
[Ongoing Program] Session 2: Student-Athlete Conduct and Health, Safety, and Well-being - September 26th, 12:00 pm - 1:30 pm ET | JD Supra
Cost Per Attendee $150.00 Per session $500.00 For all four sessions The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your knowledge on current and forward-looking legal and compliance obligations that every leader within the athletic department should be aware of.
[Ongoing Program] Session 1: Title IX and Athletics | What Every Athletic Administrator Needs to Know - September 19th, 12:00 pm - 1:30 pm ET | JD Supra
Cost Per Attendee $150.00 Per session $500.00 For all four sessions The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your knowledge on current and forward-looking legal and compliance obligations that every leader within the athletic department should be aware of.
Ohio High School Sports Are In the Spotlight: How The OSHAA Referendum May Affect Your School District | JD Supra
On August 1, 2023, the 12 measures passed by the Ohio High School Athletic Association (OHSAA) annual referendum went into effect – impacting nearly 800 high schools.[1] School districts should understand what passed, what failed, and what did not appear on the referendum as they navigate a changing world of high school sports in Ohio. The OHSAA referendum is an annual voting period in May that solicits Ohio school districts to weigh in on Ohio high school athletic procedures and practices.
Ohio High School Sports Are In the Spotlight: How The OSHAA Referendum May Affect Your School District
Wednesday, August 2, 2023 On August 1, 2023, the 12 measures passed by the Ohio High School Athletic Association (OHSAA) annual referendum went into effect – impacting nearly 800 high schools.[1] School districts should understand what passed, what failed, and what did not appear on the referendum as they navigate a changing world of high school sports in Ohio.
Ohio High School Sports Are In the Spotlight: How The OHSAA Referendum May Affect Your School District
Wednesday, August 2, 2023 On August 1, 2023, the 12 measures passed by the Ohio High School Athletic Association (OHSAA) annual referendum went into effect – impacting nearly 800 high schools.[1] School districts should understand what passed, what failed, and what did not appear on the referendum as they navigate a changing world of high school sports in Ohio.
Sports Gambling is Here and People are Paying Attention | JD Supra
On January 1, 2023, sports betting became legal in the state of Ohio and we shared what this means for your institution now that this is the reality.
Sports Gambling is Here and People are Paying Attention
Thursday, May 18, 2023 On January 1, 2023, sports betting became legal in the state of Ohio and we shared what this means for your institution now that this is the reality.
What you need to know about the Title IX proposed rule on athletic participation & gender identity | JD Supra
On April 6, 2023, the U.S. Department of Education (the “Department”) released a much anticipated Notice of Proposed Rulemaking titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams” (the “Athletics NPRM”).1 The Athletics NPRM proposes an amendment to Title IX that aims to provide greater clarity to schools2 seeking to adopt or apply sex-related criteria that...
Is your athletic department required by the NCAA to do a DEI review? | JD Supra
It depends. If your school participates at the Division II or III level, the NCAA encourages but does not mandate, that you do so. However, for those participating at the Division I level, by November 3, 2023, it is mandated that you must perform a DEI review and provide written confirmation of completion to the national office. See NCAA Division I Bylaw 20.2.4.3. Take note, this is not a one-time-only process.
The Saga Continues: Are Student Athletes Employees? | JD Supra
This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board1 and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey and Delaware – will soon have the opportunity to add its opinion to the mix as it considers whether student-athletes are employees for purposes of the Fair Labor Standards Act (FLSA) in Johnson, et al v.
[Webinar] U.S. Department of Education's Office for Civil Rights Guidance on Athletics Opportunity Under Title IX (K-12 & Higher Education) - February 23rd, 12:00 pm - 12:45 pm EST | JD Supra
Last week, the U.S. Department of Education's Office for Civil Rights released three new resources to support equal opportunity in athletics under Title IX. Join Bricker's education team for an update on this guidance and what it means for your K-12 school district or higher education institution when you evaluate your athletic programs and understand the steps OCR takes when evaluating compliance with Title IX.
[Webinar] Athletic Compliance Update (Higher Ed) - March 15th, 12:00 pm - 1:00 pm EST | JD Supra
March 15th, 2023 12:00 PM - 1:00 PM EST The college athletics landscape and its compliance requirements is ever-changing, including hot button issues like NIL guidance and NCAA rules transformations. How will these developments continue to practically and legally impact your campus? Join Kasey Nielsen, Jeff Knight, and guest Joel Nielsen, for an update on college athletic compliance.
Four Key Takeaways from the NCAA Convention | JD Supra
Last month, the NCAA membership came together for the 2023 NCAA Convention in San Antonio, Texas to celebrate honorees, vote on legislation within their respective divisions, and discuss important issues facing college athletics. As an attendee, here are four of my biggest takeaways: 1. Student-athlete mental health was emphasized. The NCAA is renewing its focus on supporting student-athletes and coaches in their mental health journey.
[Webinar] Clery Hot Topics (Higher Ed) - February 16th, 12:00 pm - 1:00 pm EST | JD Supra
The Clery Act sits at the heart of higher education compliance obligations and is often the vehicle through which the Department of Education issues its most significant fines. Clery compliance requires year-round, team efforts.
Sports gambling is legal in Ohio. What does this mean for your campus? | JD Supra
As of January 1, 2023, sports betting is legal in Ohio for both retail and online sportsbooks. Now, anyone over the age of 21 and inside Ohio may place a wager on sports. The process of legalizing sports gambling started on December 8, 2021, when the General Assembly passed House Bill 29. The bill, which took effect March 23, 2022, allows sports gaming through licensed operators of online sportsbooks and brick-and-mortar establishments.
The NCAA Releases New Installment of NIL guidance Aimed at Institutional Support | JD Supra
On Wednesday, October 26, 2022, the NCAA released more guidance on NIL, focusing on Division I institutional involvement in current-athlete NIL activities. For the past year and a half, most Division I universities have attempted to keep up with their athletes in the NIL space by developing internal teams and services to assist their athletes on this journey.
Space is limited! Please join Bricker & Eckler Title IX attorneys for a highly interactive in-person Title IX investigator and advisor training. The two-day training will cover the training requirements under the 2020 Title IX regulations for investigators and advisors. Additionally, training will cover the annual Clery Act training requirements for attendees. Sessions will be hands-on and will provide opportunities to practice skills in an educational environment.
[Webinar] Clery Compliance and Enforcement (Higher Ed) - March 24th, 12:00 pm - 1:00 pm EST | JD Supra
March 24th, 2022 12:00 PM - 1:00 PM EST The Department of Education has said very little about the Clery Act since it rescinded the Clery Handbook in the final moments of the prior administration, but this well-intentioned campus safety and transparency statute remains the proverbial hammer of the Department of Education's enforcement toolbox.
[Webinar] NCAA Sexual Misconduct Update (Higher Education) - February 16th, 12:00 pm - 1:00 pm EST | JD Supra
February 16th, 2022 12:00 PM - 1:00 PM EST The NCAA delayed its policy on campus sexual violence attestation date with respect to its new policy terms – but the deadline will soon be right around the corner. Is your instituion on the right track to compliance? Join Bricker attorneys Melissa Carleton and Kasey Nielsen as they breakdown the NCAA's requirements. They'll also discuss how to practically implement these policies and procedures that will surely impact every student-athlete on campus.
[Event] Hazing Bootcamp for Higher Education - January 21st, Columbus, OH | JD Supra
January 21st, 2022 9:00 AM - 12:00 PM EST Bricker & Eckler LLP 100 South Third Street Columbus, OH 43215 $ 100.00 Cost Per Attendee $100.00 each for an institution's first three registrants, $50.00 for each additional attendee In response to multiple hazing-related deaths of college students in Ohio, the state has enacted a new anti-hazing act that is commonly referred to as “Collin’s Law.” This law, which took effect on October 7, 2021, requires that Ohio colleges and universities...
Developing an NIL policy: Athlete use of institutional marks/logos and facilities (Part 3) | JD Supra
In our continuing "Developing a NIL policy" series, we touch on topics that colleges and universities should consider in drafting a comprehensive (and compliant) policy. In this publication, we will focus on the use of institutional marks/logos and use of institutional facilities by athletes for NIL activity.
NCAA provides clarification on their policy regarding campus sexual violence by publishing resources | JD Supra
The National Collegiate Athletic Association (NCAA) added numerous policy implementation resources to help institutions comply with their policy on campus sexual violence. Since 2018, each member school has been required to sign an annual attestation that confirms compliance with the NCAA policy. Starting this academic year, revised policy items 1-3 must be attested by the May 15, 2022, deadline.
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