McGuireWoods’ national team of lawyers and consultants — which includes former university in-house counsel, a former member of the NCAA’s Division I Committee on Infractions and a former U.S. Department of Education deputy general counsel for postsecondary education — understands the legal challenges that test higher education institutions and earns top marks for delivering innovative solutions.
Nonprofit higher education institutions navigate student conduct and disciplinary issues, including under Title IX of the Education Amendments of 1972, diversity, equity and inclusion efforts, athletics, labor and employment law concerns, faculty and board governance, community stakeholders, admissions, data privacy matters, trademark protection, intellectual property rights and insurance recovery matters, among others. Public institutions of higher education also grapple with constitutional concerns including free speech and due process rights as well as state sunshine laws.
For-profit institutions face investigations and penalties from federal agencies, including the U.S. Department of Education — which recently made significant changes to the borrower defense to repayment rule — the Consumer Financial Protection Bureau and the Federal Trade Commission. The U.S. Department of Education continues to target corporate owners of for-profit institutions for corporate liability and personal liability, requiring them to sign a program participation agreement to be held joint and severally liable for the school. And accreditors scrutinize corporate governance issues.
McGuireWoods advises higher education institutions to overcome these and other challenges through representing institutions in litigation and government investigations. The team:
Areas of focus include:
McGuireWoods’ national team of lawyers and consultants — which includes former university in-house counsel, a former member of the NCAA’s Division I Committee on Infractions and a former U.S. Department of Education deputy general counsel for postsecondary education — understands the legal challenges that test higher education institutions and earns top marks for delivering innovative solutions.
Department of Education Proposes Stricter Gainful Employment Regulations
May 22, 2023
Tenure Elimination Gains Traction in Texas
May 9, 2023
Student-Athlete Name, Image and Likeness Framework Continues to Evolve
April 26, 2023
Education Department Delays Sept. 1 Effective Date of Dear Colleague Letter on Third-Party Servicers
April 12, 2023
Timing Is Critical for Gift of Appreciated Stock to Avoid Capital Gain From Sale of Company
March 20, 2023