Farnaz is a skilled litigator and investigator with extensive experience in representing corporations and institutions of higher education in high-profile litigation and government investigations. She is the firm’s Education Industry Team Leader, co-leader of the higher education practice group, and a trusted advisor with a keen eye for due diligence in education-related transactions, including in the edtech industry. She advises clients on employment and education laws to help identify and resolve issues before they become adversarial in nature. She also zealously represents clients before federal agencies, including the U.S. Department of Labor and U.S. Department of Education.
Farnaz successfully has defended employers, state agencies, government officials, institutions of higher education, and academic medical centers, as first chair before federal and state courts as well as trial and appellate courts. She handles a variety of civil litigation including cases concerning civil rights, torts, breach of contract, employment, and constitutional claims under 42 U.S.C. § 1983.
Farnaz regularly represents clients in internal and government investigations concerning civil rights laws such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, and national origin), and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).
Farnaz is experienced with student and employee disciplinary issues, including under Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.
Prior to joining McGuireWoods, Farnaz served as the Deputy General Counsel at the U.S. Department of Education and also as in-house counsel at the University of Virginia. She advised the U.S. Department of Education on litigation strategy and worked closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings. At the University of Virginia, she advised University officials on federal education and employment laws and represented the University and its academic medical center in litigation. She also drafted the University’s antidiscrimination and conduct policies, including free speech policies.
Farnaz is a Virginia Law Foundation fellow (class of 2023) and a faculty member for the Harry L. Carrico Professionalism Course. She was honored as a top education author by JD Supra in its Readers’ Choice Awards. She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.
Experience
- Prevailed on a motion for summary judgment on behalf of a public flagship institution in a high-profile First Amendment lawsuit that drew national media attention.
- Represented a proprietary institution before the U.S. Department of Education, Federal Student Aid’s Borrower Defense Unit, regarding hundreds of borrower defenses to repayment claims under Title IV of the Higher Education Act of 1965, resulting in no adverse action against the institution.
- Successfully represented a proprietary institution and private equity firm before the Federal Student Aid Office in a recertification of its program participation agreement such that the fund was not required to assume joint and several liability for the institution.
- Obtained full dismissal of all employment discrimination claims under Title VII and 42 U.S.C. § 1981 against a public research institution and its academic medical center. The U.S. Court of Appeals for the Fourth Circuit upheld the decision.
- Obtained full voluntary dismissal of tortious interference with contract and fraud claims against a dean of a community college in a case concerning the accreditation of an academic program.
- Obtained a federal, nationwide prefiling injunction against a disbarred attorney for government officials.
- Argued an appeal to defend a state agency’s ruling before the Supreme Court of Virginia, which the Supreme Court affirmed in part.
- Co-authored the Title IX Final Rule, 85 Fed. Reg. 30,026 (May 19, 2020), the first set of regulations defining and prohibiting sexual harassment as a form of sex discrimination.
- Co-authored the Borrower Defense to Repayment and Institutional Accountability Final Rule, 85 Fed. Reg. 49,788 (Sept. 23, 2019), setting forth the standard for federal student loan forgiveness as a result of a substantial misrepresentation and financial responsibility standards for institutions of higher education that receive federal student aid.
- Lead attorney in negotiated rulemaking under Title IV of the Higher Education Act of 1965, as amended, including for Accreditation and State Authorization Final Rule, 84 Fed. Reg. 58,834 (Nov. 1, 2019), defining the roles and responsibilities of accrediting agencies, states, and the federal department of education in oversight of institutions of higher education participating in federal student aid programs.
- Represented a public university before the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), regarding its compensation practices and policies and other employment law issues. OFCCP’s compliance evaluation ended amicably through a conciliation agreement.
- Represented a public university before the U.S. Department of Education, Office for Civil Rights in a five-year compliance review under Title IX that ended amicably through a resolution agreement.
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Regent University School of LawJD
cum laude, Senior Editor, Law Review
2007 -
University of California, BerkeleyBA
magna cum laude, Phi Beta Kappa
2004
Board Member, Rector and Visitors of George Mason University
Fellow, Virginia Law Foundation, Class of 2023
Faculty, Virginia State Bar Harry L. Carrico Professionalism Course
Board of Directors Member, Career Education Colleges and Universities
Board Member, Virginia Law Foundation
Member, National Association of College and University Attorneys
Member, Virginia Law Foundation, Committee on Continuing Legal Education and Chair of Subcommittee on National Legal Programming
Member, Virginia State Bar Executive Committee, 2019-2020
Member, Editorial Board, NACUANOTES, National Association of College and University Attorneys, 2016-2018
Adjunct Professor, Regent University School of Law, 2012-2015
Chair, Virginia State Bar Bench-Bar Dinner, 2012-2013
- Farsi
- Author, Education Department to Formally Rescind 2023 Dear Colleague Letter on Third-Party Servicers, McGuireWoods Legal Alert, October 22, 2024
- Author, CFPB: For-Profit School Misrepresented ISAs, Made False Claims About Grads’ Employment Rates, McGuireWoods Legal Alert, April 22, 2024
- Author, NCAA Allows Schools to Assist NIL Efforts, Expands Options for Transfer Student-Athletes, McGuireWoods Legal Alert, April 18, 2024
- Author, Fifth Circuit Continues Nationwide Preliminary Injunction Against “Almost Certainly Unlawful” Borrower Defense Rule, McGuireWoods Legal Alert, April 10, 2024
- Author, Education Department Extends Gainful Employment Reporting Deadline, Publishes Milestones Schedule, McGuireWoods Legal Alert, April 1, 2024
- Author, Fourth Circuit: School’s 501(c)(3) Status Does Not Constitute Federal Financial Assistance for Title IX Purposes, McGuireWoods Legal Alert, March 29, 2024
- Author, SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now, McGuireWoods Legal Alert, February 9, 2024
- Author, District of Columbia Enacts New Pay Transparency Law, McGuireWoods Legal Alert, January 12, 2024
- Author, Sovereign Immunity Available in Virginia Human Rights Act Cases, McGuireWoods Legal Alert, October 4, 2023
- Author, DOJ and ED Issue Guidance on Supreme Court Affirmative Action Decision, McGuireWoods Legal Alert, August 22, 2023
- Author, College Legacy Admission Preferences Called Into Question in New Challenge, McGuireWoods Legal Alert, July 6, 2023
- Author, U.S. Supreme Court SFFA College Affirmative Action Ruling: Implications for Corporate DEI, McGuireWoods Legal Alert, July 5, 2023
- Author, Virginia Court Holds School Board Immune From Virginia Human Rights Act Claims, McGuireWoods Legal Alert, June 27, 2023
- Author, U.S. Supreme Court to Decide Whether School Board Members May Block Parents on Social Media, McGuireWoods Legal Alert, May 24, 2023
- Author, Department of Education Proposes Stricter Gainful Employment Regulations, McGuireWoods Legal Alert, May 22, 2023
- Author, Evolving Legal Framework Regarding Transgender Students, McGuireWoods Legal Alert, April 12, 2023
- Author, Education Department Delays Sept. 1 Effective Date of Dear Colleague Letter on Third-Party Servicers, McGuireWoods Legal Alert, April 12, 2023
- Quoted, "2U Lawsuit Claims Looming Education Dept. Guidance Breaks the Law," The Chronicle of Higher Education, April 6, 2023
- Author, U.S. Department of Education Launches Secret Shoppers Program to Investigate Colleges and Universities, McGuireWoods Legal Alert, March 16, 2023
- Author, Education Department to Hold Owners, Individuals, Board Members Liable for Higher Education Institutions, McGuireWoods Legal Alert, March 2, 2023
- Author, Department of Education Guidance Expands Possible Liability for Private Companies That Contract With Higher Education Institutions, McGuireWoods Legal Alert, February 21, 2023
- Author, Supreme Court to Revisit De Minimis Cost Test for Religious Accommodations Under Title VII, McGuireWoods Legal Alert, January 18, 2023
- Author, 10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team, McGuireWoods Legal Alert, January 12, 2023
- Author, D.C. Voters Approve Eliminating the Tip Credit System, McGuireWoods Legal Alert, November 9, 2022
- Author, CFPB Charges Schools With “Abusive” Act of Denying Academic Transcripts to Students With Debts, McGuireWoods Legal Alert, October 12, 2022
- Author, Recent Court Opinions Suggest Independent Schools May Be Subject to Title IX, McGuireWoods Legal Alert, August 10, 2022
- Author, 7th Circuit Reopens COVID-19 Tuition and Fees Lawsuit, McGuireWoods Legal Alert, August 2, 2022
- Author, In the Weeds: Cannabis Clinical Trial Expands, Topicals Often Mislabeled, High Potency May Mean High Addiction, McGuireWoods Legal Alert, July 27, 2022
- Author, D.C. Will Protect Employees Who Use Recreational Cannabis, McGuireWoods Legal Alert, July 20, 2022
- Author, California Continues to Lead the Way on Collegiate Athletics Reform, McGuireWoods Legal Alert, April 21, 2022
- Author, Department of Education to Hold Owners and Investors Liable for College and University Liabilities, McGuireWoods Legal Alert, April 18, 2022
- Author, U.S. Supreme Court: College Board’s “Censure” Does Not Violate First Amendment, McGuireWoods Legal Alert, March 30, 2022
- Author, Supreme Court Signals Support for Broad Ministerial Exception in Education, McGuireWoods Legal Alert, March 15, 2022
- Author, Decision on Race-Based Admissions in K-12 May Serve as National Guide, McGuireWoods Legal Alert, March 4, 2022
- Author, U.S. Department of Education Officially Asserts Authority over Income Share Agreements, Subject to Inquiry, March 4, 2022
- Co-author, "Student Athletes: The Times They Are A-Changin’," NACUA Notes, February 17, 2022
- Author, Student Athletes File NLRB Charges Claiming Employee Status, McGuireWoods Legal Alert, February 10, 2022
- Author, Third Circuit to Decide Whether Student Athletes May Be Employees, McGuireWoods Legal Alert, February 7, 2022
- Author, D.C. Modifies the Paid Family Leave and Local FMLA Laws, McGuireWoods Legal Alert, October 18, 2021
- Author, NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees, McGuireWoods Legal Alert, October 7, 2021
- Author, DOJ Title IX Investigation Leads to $1.6M Agreement With San Jose State University, Subject to Inquiry, October 6, 2021
- Author, Income Share Agreements – Risks, Rewards, and Regulators, Subject to Inquiry, September 13, 2021
- Author, More Changes to College Athlete Compensation, McGuireWoods Legal Alert, July 1, 2021
- Author, Changes Ahead for College Sports, McGuireWoods Legal Alert, June 28, 2021
- Author, Public Hearings: Title IX Rule and Discrimination Based on Sexual Orientation, Gender Identity, McGuireWoods Legal Alert, May 18, 2021
- Interviewee, Title IX: University Religious Exemptions, EWTN News In Depth, April 30, 2021
- Co-author with the Honorable Stephen R. McCullough, Motions Practice in State and Federal Courts, in APPELLATE PRACTICE – VIRGINIA AND FEDERAL COURT, L. Steven Emmert & Frank K. Friedman, eds., Va. CLE, 2016
- Author, Eliminating a Hostile Environment towards Colleges and Universities: An Examination of the Office for Civil Rights’ Unconstitutional Process and Practices, 28 REGENT U. L. REV. 225, 2015-16
- Author, Note, Docking the Tail that Wags the Dog: Why Congress Should Abolish the Use of Acquitted Conduct at Sentencing and How Courts Should Treat Acquitted Conduct after United States v. Booker, 20 REGENT U. L. REV. 101, 2007-08
- District of Columbia
- Virginia
- California
- U.S. Supreme Court
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of California
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Court of Federal Claims
Selected for inclusion in The Best Lawyers In America, Litigation – Labor and Employment, Woodward/White, Inc., 2023, 2024, 2025
Selected for inclusion in “Legal 500 United States,” Education, 2023, 2024
Recognized in “Readers’ Choice Awards,” Named a Top Education Author, JD Supra, 2023
Selected for inclusion in “Legal 500 United States,” Education, 2022
Recipient, Significant Service Award, Virginia State Bar Young Lawyers Conference, 2013
- Speaker, "Affirmative Action, Fearless Fund: Impact on Scholarship Funds," 21st Annual Nonprofit Seminar, October 2024
- Speaker, Hot Topics in Higher Education, September 10, 2024
- Speaker, Hot Topics in Higher Education, May 2, 2024
- Speaker, "Defending Corporate DEI Programs After the Supreme Court’s Students for Fair Admissions Decision," Retail Law Conference – RILA/RLC, October 26, 2023
- Speaker, "Animal, Vegetable, Employee, or Contractor? New Federal Independent Contractor Tests for 2023," 20th Annual Nonprofit Seminar, September 2023
- Speaker, EdTech Webinar, July 27, 2023
- Presenter, "Defenses for Corporate DEI Initiatives," Retail Industry Leaders Association, July 24, 2023
- Speaker, "Future of Work: Managing Legal/Compliance Risks with Hybrid & Remote Work Employees," National Association of College and University Association Annual Conference, Chicago, IL, June 29, 2023
- Speaker, "Who Has to Sign that Program Participation Agreement?," Career Education Colleges and Universities Annual Convention, Kansas City, MO, June 21, 2023
- Panelist, "While You Were Sleeping: Dealing with Dramatic Changes in Religious Clause Jurisprudence," National Association of College and University Attorneys, Spring 2023 CLE Workshop, San Diego, CA, March 24, 2023
- Speaker, Hot Topics in Higher Education, February 8, 2023
- Moderator, "Balancing Free Speech: Academic Civility and Inclusivity," 2022 Virginia Education Summit, October 28, 2022
- Speaker, Hot Topics in Higher Education Webinar, August 24, 2022
- Panelist, "CFPB Update: Priorities for Institutions of Higher Education and Beyond," Career Education Colleges and Universities, Annual Convention, June 2, 2022
- Panelist, "Joint and Several Liability for Owners: Should I Sign that Program Participation Agreement?," Career Education Colleges and Universities, Annual Convention, June 1, 2022
- Panelist, "Sexual Misconduct Concerns Involving Patient Care at Academic Medical Centers, Healthcare-Related Schools, Student Health Centers, and Athletic Training Services," National Association of College and Universities Association, Virtual Webinar, May 19, 2022
- Speaker, Hot Topics in Education Webinar, March 22, 2022
- Speaker, "Academic Medical Centers," National Association of College and University Attorneys Spring Employment Law Workshop, Indianapolis, IN, March 2022
- Speaker, "Building Coalitions to Advance or Derail Policy Priorities," Council for Christian Colleges and Universities International Forum, February 2022
- Speaker, "Building Coalitions to Advance or Derail Policy Priorities," Council for Christian Colleges and Universities International Forum, February 2022
- Speaker, COVID-19 Vaccination and Testing Mandates for Higher Education Institutions, December 8, 2021
- Speaker, "COVID-19 Vaccination Mandate: OSHA ETS and the Executive Order for Federal Contractors and Federal Subcontractors," National Association of Independent Colleges and Universities, November 17, 2021
- Speaker, "Overview of the Occupational Safety and Health Administration’s Emergency Temporary Standard," Career Education Colleges and Universities CEO Summit in Philadelphia, PA, November 10, 2021
- Speaker, "In a State of Flux – The Future of Employment Compliance Amidst the Pandemic’s Effects," National Association of College and University Attorneys Fall 2021 Virtual CLE Workshop, November 10, 2021
- Speakers, Investigations and Crisis Management for Educational Institutions, November 4, 2021
- Speaker, "COVID-19 Vaccination Mandate: The Implications for Institutions of Higher Education," Career Education Colleges and Universities Webinar, November 2, 2021
- Organizer and Moderator, "Title IX Case Law and Regulations Governing Sexual Harassment on College Campuses – In a State of Flux," Virginia CLE, August 17 and September 15, 2021
- Speaker, "Borrower Defense: How to Respond to Borrower Defense Claims, Preserve all Applicable Defenses for any Hearing or Litigation, and Engage in Effective Government Relations Strategies," Career Education Colleges and Universities (CECU), Webinar, July 28, 2021
- Speaker, Post-Alston Name, Image and Likeness Implications for Education Benefits and Title IX, July 15, 2021
- Speaker, "Is Faithful Execution Being Devoured by Factional Execution?," The Federalist Society Webinar, May 2021
- Speaker, "Practical Steps to Protecting and Preserving Your Institutions Title IX and Title VII Religious Exemptions," Council for Christian Colleges and Universities Webinar, April 2021
- Speaker, "Resolve This! Learning from Recent OCR Title IX Resolution Agreements to Improve Policies, Procedures, and Case Handling at Your Institution," National Association of College and University Attorneys, Annual Conference, San Francisco, CA, June 2016
- Hon. Eric G. Bruggink, U.S. Court of Federal Claims, 2007-2008
- Hon. Leroy Rountree Hassell, Sr., Supreme Court of Virginia, 2008-2011