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Awareness + approach

Colleges and universities need attorneys who understand what makes higher education at once atypical and remarkable: its core values and campus culture. Operating in a highly sophisticated legal and operational environment, they need outside counsel that appreciates how those characteristics impact the interplay of law, policy and academic mission. Jackson Lewis’ Higher Education team is that counsel. 

Our team includes attorneys with decades of collective experience working in-house at universities, colleges and other education organizations, as well as agencies such as the Departments of Education and Justice. We understand what motivates faculty and administrators — and what concerns the students, parents, alumni, communities and other constituencies they serve. These factors inform and shape our advice, providing our college and university clients with legal counsel that is customized to the academic context.

Clients

From labor and employment issues to student or academic affairs, our experienced attorneys are go-to counsel for more than 500 of the following types of schools, helping them navigate the obstacles facing higher education today. 

  • Public and private institutions
  • Large research institutions
  • Academic medical centers
  • Small liberal arts colleges
  • Community college systems
  • Trade schools
  • Online universities

Client concerns + key capabilities

Our higher education attorneys provide colleges and universities with advice and counsel, and represent them in adversarial matters, involving a broad range of issues at the forefront of higher education law.

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Title IX

  • Policy development
  • Compliance review and best practices
  • Investigations, hearing officer services and appellate review
  • Litigation defense (respondent and complainant claims)
  • Agency investigations and federal audits
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Public institutions

  • First Amendment, Fourth Amendment, and Fourteenth Amendment issues
  • Public Records Act and FOIA
  • Section 1983 claims
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Managing Student Risk

  • Student organization risk management and hazing
  • Mental health situations including threat to self or others
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ADA and Section 504

  • Academic, workplace and housing accommodations
  • Policy and procedure design and implementation
  • Title III Accessibility
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Situation management

  • Crisis and image management
  • Media, government and public relations strategies and communications
  • Litigation avoidance and dispute resolution
  • Strategic advice related to managing allegations of wrongdoing by senior administrators
  • Manage and defend reputational harm claims related to disciplinary situations or speech related issues
  • Climate assessments, including individual or group interviews
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Academic policies + processes

  • Academic freedom and free speech
  • Grade appeals and academic honesty
  • Clinical program and internship policies and practices
  • Student handbook development
  • Student discipline and academic misconduct and related litigation
  • Promotions & tenure and other faculty contract matters
  • Tenure revocation proceedings
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Civil Rights Laws

  • Discrimination and harassment claims by students and employees
  • Section 1981 and 1983 claims
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Privacy, data + cybersecurity

  • FERPA, HIPAA and other privacy laws
  • Social media issues for employees and students
  • Data breach prevention and management
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Labor Relations + Workplace Law

  • Wage and hour issues related to staff and student-employees
  • Leave management advice and counsel
  • Response to organizing campaigns: staff, faculty and students
  • Collective bargaining and grievance representation
  • OSHA compliance
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Student/scholar immigration+ I-9 compliance

  • PERM-based Lawful Permanent Residency applications
  • Special handling, National Interest Waiver and Outstanding Researcher/Professor petitions
  • Employment visas, including H-1B, TN, J-1 and O visas
  • Student and visiting scholar issues, including STEM OPT extensions
  • Advice and counsel on I-9, E-Verify and other compliance issues
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Affirmative action + DEI

  • Tailored diversity policies and strategic planning
  • Strategic advice regarding executive orders and federal agency enforcement actions
  • Audits of DEI policies and procedures for risk assessment and mitigation
  • Admissions compliance and litigation defense
  • Proactive crisis mitigation strategies
  • Pay equity analysis and pay discrimination defense
  • Affirmative action plans — veterans and disabilities
  • OFCCP compliance and audit defense

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