These lawsuits could change the stakes for higher ed

The future of higher education may be decided in the courtroom. New lawsuits — some of which could reach the Supreme Court — are poised to fundamentally reshape higher education by challenging everything from how colleges investigate sexual misconduct to whether they’re doing enough to protect students on campus.

“There’s no question that higher education is now in a litigation frenzy,” said Peter Lake, a law professor at Stetson University. “We’re facing legal accountability that’s almost unprecedented.”

Complicating the picture is the top court’s composition. In 2018, Justice Brett Kavanaugh cemented the bench’s conservative majority by replacing former Justice Anthony Kennedy, who was considered a swing vote. It’s difficult to predict where each justice will land on key issues, but higher education leaders should brace for change.

Below, we’re keeping tabs on high-profile cases that could have implications for the sector.