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Higher Education Enforcement & Regulatory Counseling

McGuireWoods’ Higher Education Enforcement & Regulatory Counseling Practice Group counsels public and private universities, independent colleges and universities, community colleges and for-profit schools. Our multidisciplinary team includes former in-house counsel for public and private R1 research institutions, a former member of the National Collegiate Athletic Association Division I Committee on Infractions and a former U.S. Department of Education deputy general counsel for postsecondary education.

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We guide higher education institutions on issues involving student conduct and discipline including Title IX and Title VI, civil rights, athletics, labor and employment law, faculty and board governance, debt finance, community stakeholders, admissions, data privacy, trademark protection, intellectual property rights, insurance recovery and antitrust, among others.

The team’s incisive, strategic counsel helps clients achieve their goals and minimize risk as public higher education institutions grapple with state sunshine laws and constitutional concerns such as free speech and due process rights, and corporate owners of for-profit schools face liability for program participation agreements.

When clients face government investigations and litigation, McGuireWoods mobilizes a coast-to-coast bench of trial attorneys to defend and resolve high-stakes matters. Our lawyers counsel institutions under investigation by the Department of Health and Human Services, Department of Justice, and the U.S. Department of Education’s Office for Civil Rights. We partner with clients to address penalties from federal agencies, including the Department of Education, the Consumer Financial Protection Bureau and the Federal Trade Commission. And the team handles investigations relating to alleged misconduct by senior leaders, coaches and faculty.

McGuireWoods Consulting’s government affairs and communications professionals have deep experience working in education policy, from early learning to higher education and workforce development, in both the public and private sector. Our education clients include Fortune 500 companies, major metropolitan school districts, state education associations, national charter school networks, state universities, edtech startups and state and national nonprofits. Members of our team are based in California, Florida, Georgia, Illinois, North Carolina, South Carolina, Texas, Virginia, and Washington, D.C. and have served as governors, state secretaries of education, university executives, Congressional staffers and K-12 public school teachers. We are uniquely positioned to provide a full suite of services, customizable based on our clients’ needs and goals.

We assist clients in the following areas:

  • Government relations and consulting
  • Political environment and policy issue analysis
  • External affairs and brand management
  • Market intelligence and business strategy
  • Business development and procurement
  • Federal and state bill tracking and issue management
  • Communications and public relations

How We Help

The higher education team handles an array of legal issues and challenges, such as:

  • accessibility accommodations, including digital;
  • accreditation and state licensure;
  • Administrative Procedure Act;
  • admissions;
  • affirmative action programs;
  • antitrust;
  • athletics;
  • board governance;
  • civil rights compliance with Title VI and Title IX;
  • crisis communications;
  • data privacy and security;
  • endowment management;
  • gift agreements;
  • government relations and public policy;
  • intellectual property and trade secrets;
  • investigations;
  • labor and employment matters, including campus organizing efforts, Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and Rehabilitation Act;
  • litigation;
  • mergers and acquisitions;
  • private equity;
  • public finance;
  • real estate and land use;
  • regulatory compliance;
  • research, commercialization and technology transfer;
  • student demonstrations and free speech;
  • student issues and conduct, including student organizations;
  • taxation, and
  • Title IV eligibility and compliance.

Representative Experience

  • Leading research university to win summary judgment in a trademark infringement and cybersquatting federal case, resulting in an order that the defendant transfer its domain to the university, benefiting universities and sports teams nationwide;
  • Won a nationwide preliminary injunction under the Administrative Procedure Act against a federal student aid regulation that would have crippled workforce education programs;
  • Public flagship institution to win a motion for summary judgment in a high-profile First Amendment lawsuit that drew national media attention;
  • 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;
  • Proprietary institution and private equity firm before the Federal Student Aid Office in a recertification of its program participation agreement in which the fund was not required to assume joint and several liability for the institution;
  • Public research institution and its academic medical center to win dismissal of all employment discrimination claims under Title VII and 42 U.S.C. §1981, a decision upheld by the U.S. Court of Appeals for the 4th Circuit;
  • Dean of a community college to win full voluntary dismissal of tortious interference with contract and fraud claims in a case concerning the accreditation of an academic program;
  • Top research institution to investigate and report the nature of research fraud committed by a prominent cancer researcher, while managing regulatory, media and scientific scrutiny and.successfully resolving litigation brought by patients enrolled in clinical trials based on fraudulent research;
  • Ivy League institution in pursuit of insurance recoveries, including a dispute with its insurer for employee theft losses under a commercial crime policy, and a dispute with its insurer over coverage for allegations asserted in an undergraduate admissions discrimination complaint, pursuant to its legal liability policy.

Higher Education Newsletter

higher ed 2024 cover

Download our Higher Education: 2024 Look Back edition.

The lawyers and consultants of McGuireWoods’ Higher Education Practice Group provide 360-degree counsel on legal, regulatory, compliance and PR challenges facing public and private universities and other higher education institutions.

  • Nationwide ranking for higher education.

    – Chambers USA

  • testimonial quote ic

    Nationwide ranking for education.

    – The Legal 500 U.S.

Team Leaders

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Insights

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