Higher Education Enforcement & Regulatory Counseling

McGuireWoods’ Higher Education Enforcement & Regulatory Counseling Practice Group offers clients something few firms can — a multidisciplinary, national team that includes former in-house counsel at major public and private R1 research institutions, a former member of the NCAA Division I Committee on Infractions, and a former U.S. Department of Education deputy general counsel for postsecondary education.

Drawing on this firsthand experience, we guide public, private, community, and proprietary colleges and universities through their most complex legal, regulatory, and reputational challenges. Our work spans the full spectrum of issues facing institutions — from sexual assault allegations and Title IX compliance to active-shooter preparedness, research-related investigations, athletics governance, financial aid audits, and congressional inquiries.

Government Investigations and Compliance

McGuireWoods represents educational institutions in investigations and compliance matters involving the U.S. Department of Justice, the U.S. Department of Education’s Office for Civil Rights and Federal Student Aid, the U.S. Department of Health and Human Services, the Consumer Financial Protection Bureau, the Federal Trade Commission, and the U.S. Department of Labor as well as the U.S. Equal Employment Opportunity Commission.

Our team conducts internal reviews, audits, and investigations on behalf of colleges and universities; counsels on self-disclosures and agency responses; and helps institutions navigate enforcement actions tied to federal funding, research programs, and campus operations. We also assist with matters involving alleged misconduct by senior administrators, faculty, or coaches, ensuring that responses are coordinated, compliant, and reputationally sound.

Risk Mitigation and Crisis Management

Because higher education operates as a microcosm of society, with intersecting academic, athletic, and residential communities, crises can emerge from any corner of campus life. Whether a student complaint evolves into a public controversy or a regulatory review becomes a full-scale investigation, McGuireWoods helps institutions evaluate legal exposure, anticipate reputational risks, and resolve issues efficiently.

As part of the firm’s nationally recognized Government Investigations & White Collar Litigation Practice Group — twice named a Law360 Practice Group of the Year — we help clients manage investigations and crisis response. Working closely with McGuireWoods Consulting, we also advise on trustee communications, media strategy, and stakeholder engagement to safeguard institutional integrity.

Title IV Eligibility and Campus Safety

Our team has deep experience with Title IV and the complex regulations governing postsecondary institutions — including institutional, student, and programmatic eligibility requirements; program reviews and audit resolutions; and compliance with the Clery Act’s campus safety and reporting mandates. We counsel clients on accurately disclosing campus crime statistics, supporting victims of violence, and maintaining transparent, compliant safety and security policies.

Representative Experience

  • Public university in connection with claims arising from a tragic campus shooting in which three students lost their lives and two others were injured, we successfully defended the university against claims brought by more than 15 students and successfully resolved all matters through mediation;
  • Large, major university in litigation arising out of a discredited Rolling Stone article, which included allegations of mishandling sexual misconduct complaints by a dean;
  • Private university in federal Title IX lawsuit alleging abuse by former women’s athletics coach;
  • Public flagship four-year research institution in a multiyear investigation by the U.S. Department of Education’s OCR under Title IX regarding allegations of sexual assault and harassment, we successfully persuaded OCR to withdraw its initial letter of findings against the institution;
  • High-profile athlete on a national championship athletic team who was accused of sexual assault;
  • Major public university in a wide-ranging criminal investigation out of the Southern District of New York into alleged bribery and corruption in NCAA college basketball;
  • Proprietary institution before the U.S. Department of Education, Federal Student Aid’s Borrower Defense Unit, regarding hundreds of borrower defense to repayment claims under Title IV of the Higher Education Act of 1965, as amended, and the borrower defense regulations;
  • Research university in multiple DOJ investigations concerning Title VI of the Civil Rights Act of 1964 – amicably resolved;
  • University in response to government subpoena for student-related information; and
  • Coalition of career schools obtained a nationwide preliminary injunction under the Administrative Procedure Act against a federal student aid regulation.

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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.