Accreditation and State Licensure
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Distance Education
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Domestic & International Sponsored Research
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Governance
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Labor and Employment Matters in Education Institutions
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Tax Exempt
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Appellate and Supreme Court Litigation
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Civil Rights Compliance
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Government Investigations
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International Programs
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Student Financial Aid
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Accreditation and State Licensure
In the United States (U.S.), federal and state agencies and accreditors set and enforce standards of academic quality and consumer protection. Agencies in other countries impose their own accreditation and education licensure requirements on higher education institutions. We advise colleges and universities on compliance with these requirements. We serve as education regulatory counsel in change of control and other transactions. We assist higher education institutions with requests for substantive changes, including new programs and additional locations. And we represent higher education institutions before accreditors, including responding to complaints and compliance reviews; probation, show-cause, and termination proceedings; and developing teach-out plans and agreements.
Distance Education
Higher education institutions are increasingly crossing state and international borders via distance education. Distance education initiatives implicate a range of regulatory obligations, including accreditation, state authorization, and federal student financial aid administration. Contracts with service providers require commercial and regulatory terms. We help clients navigate the legal and regulatory framework for distance education, ensuring that they achieve their goals. We advise clients on compliance with federal and state laws and accreditation standards for distance education. We work with relevant government agencies and accreditors to obtain necessary guidance and timely regulatory and other approvals. We negotiate agreements with third-party "enablers" to assist institutions in launching and delivering distance education programs.
Governance
Higher education institutions must comply with ever-changing regulatory requirements and adapt to evolving norms of governance. We have extensive experience in advising universities, colleges, academic medical centers, research organizations, and other education groups on all aspects of institutional governance.
Labor and Employment Matters in Education Institutions
We focus on the quickly evolving employment law landscape, so that you can make the appropriate strategic judgments and employment decisions in developing policies for your faculty and staff. We guide our education clients through the maze of challenges, including equal employment opportunities, wage and working hours laws, leave and benefits, terminations and discipline, labor unions, executive contracts, and personnel policies.
Tax Exempt
Tax exemptions create opportunities, but also responsibilities and additional challenges. Understanding the nuances of your institution’s status is vital. Our tax team can guide you through these challenges, from the formation and operation of nonprofit tax-exempt entities to handling complex tax-exemption applications, and dealing with tax authorities on audit and controversy matters. We handle the tax-exempt considerations of restructurings, mergers, joint ventures, investments, and activities involving unrelated business income tax. We advise on compliance, compensation matters, intermediate sanctions, and how to expand your programs internationally. We can give you the confidence to understand and handle complex tax issues, so that you can focus on the bigger picture.
Appellate and Supreme Court Litigation
Higher education institutions are complex, multi-faceted operations. Often, they face litigation at every level, in diverse jurisdictions involving sensitive issues. As colleges and universities increase their academic and commercial points of contact worldwide, the potential for complex and far-flung disputes will only grow.
Our experienced team of appellate lawyers has the experience you will need to mitigate these risks. We have confronted virtually every type of dispute encountered by colleges, universities, academic medical centers, research institutions, and higher education associations. We represent higher education clients in courts at all trial and appellate levels and in administrative proceedings and government investigations.
Civil Rights Compliance
U.S. civil rights laws affect both employees and students in education institutions. The issues that frequently arise from these laws involve both the U.S. and possibly international operations. Our clients rely on our deep experience to help navigate matters involving non-discrimination compliance, gender-related athletics requirements, sexual harassment, sexual orientation, transgender policies, accommodation of disabilities, affirmative action, free speech, and free exercise of religion.
Government Investigations
Education institutions are subject to a broad array of rules, regulations, and requirements covering every aspect of their mission. Oversight has become increasingly aggressive, and the stakes are high. We bring decades of experience in dealing with investigations, whether they are government-initiated, in response to whistleblower complaints, or because of internal compliance reports of improper activities.
International Programs
The modern university is a global enterprise. So is our education team. We reach across Asia, the Middle East, Europe, Africa, and the Americas to guide institutions through international teaching, research, and humanitarian projects, and many other transnational initiatives.
Student Financial Aid
Participation in federal student financial aid programs, under Title IV of the Higher Education Act, is essential to most U.S. higher education institutions and their ability to increase access and serve students. Even schools outside of the U.S. are not exempt and must comply with strict regulation to participate in Title IV loan programs for their U.S. students. We help education institutions establish eligibility to participate in Title IV programs, understand requirements, and comply with the rules sustainably.