1. University Governance and Regulatory Compliance
Higher education law obliges governing boards to satisfy fiduciary duties and external accreditation and regulatory requirements.
How Should University Boards Manage Fiduciary Duties and Governance?
A university board of trustees owes the institution a fiduciary duty of care and loyalty that requires members to act in the institution's best interests, make decisions on an informed basis, and avoid conflicts of interest that could compromise the board's judgment, and educational law counsel advising on university governance must evaluate whether the board's decision-making procedures satisfy the procedural requirements in the institution's bylaws and whether any conflicts of interest have been properly disclosed and managed.
What Compliance Steps Protect Universities from Accreditation Risk?
A university that fails to satisfy the standards of its regional accrediting body risks losing its accreditation, which would make its students ineligible for federal financial aid and could trigger a cascade of reputational and enrollment consequences, and non-profits counsel advising on accreditation compliance must evaluate whether the institution's academic programs, financial resources, governance structure, and student outcomes data satisfy the applicable accreditation standards and whether any prior findings from the accrediting body have been fully addressed.
2. Title Ix, Campus Safety, and Student Privacy
Higher education law requires institutions to address sex discrimination, protect student records, and maintain campus safety disclosures.
How Should Institutions Respond to Title Ix Complaints?
An institution that receives a complaint of sexual harassment or sex discrimination must follow the procedural requirements of the Title IX regulations, which require notice to the parties, an investigation conducted by a trained investigator, and a live hearing with cross-examination before a neutral decision-maker, and Title IX counsel advising on a Title IX complaint must evaluate whether the institution's Title IX coordinator has implemented compliant investigation procedures and whether the institution's response to the complaint is consistent with the current regulatory framework.
Why Must Universities Build Ferpa Compliance Programs?
A university that discloses a student's educational records without the student's consent or without a recognized exception violates the Family Educational Rights and Privacy Act, which can result in loss of federal funding and reputational damage, and data privacy counsel advising on FERPA compliance must evaluate whether the institution's policies for collecting, storing, and disclosing student records satisfy the applicable statutory requirements and whether the institution has adequate breach response procedures to address unauthorized disclosures.
3. Faculty Employment and Academic IP
Higher education law governs tenure review, academic freedom, and faculty IP ownership from appointment through the commercialization of research outputs.
How Should Tenure Denials Be Structured to Withstand Legal Challenges?
Discrimination, retaliation for protected activity, or violation of procedural rights, and employment litigation counsel advising on a tenure denial must evaluate whether the institution's tenure review procedures are clearly documented and consistently applied and whether the evaluation criteria are objective and supported by the record.
What IP Ownership Rules Apply to University Research and Inventions?
A university that employs faculty and research staff must establish clear policies governing the ownership of inventions, software, and other intellectual property created in the course of employment, and technology transfer counsel advising on university IP policy must evaluate whether the institution's employment agreements and IP assignment provisions satisfy the requirements of the Bayh-Dole Act for federally funded inventions.
4. Federal Funding Compliance and Institutional Crisis Defense
Higher education law holds institutions accountable for federal research funds and positions them to manage mass litigation that threatens enrollment and accreditation.
How Should Universities Manage Federal Grant Compliance and Audits?
A university that receives federal research funding from the National Science Foundation, the National Institutes of Health, or other federal agencies must comply with the applicable cost principles, administrative requirements, and audit standards, and institutional reform litigation counsel advising on federal grant compliance must evaluate whether the institution's financial management systems satisfy the requirements of the Uniform Guidance and whether any questioned costs identified in an audit can be adequately justified.
When Should Universities Retain Counsel to Defend Class Actions?
A university that faces a class action lawsuit alleging tuition fraud, admissions misconduct, or systematic civil rights violations must quickly evaluate whether the proposed class satisfies the certification requirements and whether early settlement or vigorous defense offers the better path to protecting the institution's interests, and class actions and consumer defense counsel advising a university defendant must evaluate whether the named plaintiffs' claims are typical of the putative class and whether the institution's alleged conduct is susceptible to common proof.
09 Apr, 2026
