Higher Ed Counsel & Strategic Solutions

University foundations currently face a more complicated set of demands than in prior years. Fundraising and stewardship remain central, but those responsibilities now sit alongside increased legal and regulatory attention, heightened expectations for governance, greater public scrutiny, and calls for closer alignment with institutional strategy and risk management.

For many foundations, the key issue is not one discrete challenge; it is the overlap of several. Changes in the regulatory environment may coincide with pressure on university budgets, questions about endowment spending, cybersecurity concerns, evolving donor expectations, or sensitive campus concerns and issues of national importance. That convergence makes it important for foundations to think more broadly about governance, preparedness, and coordination.

For colleges and universities, enforcement actions brought by federal government agencies, such as the US Department of Education’s Office for Civil Rights (OCR), the US Department of Justice (DOJ), or the US Department of Health and Human Services (HHS), raise a financial threat before any lawsuit is ever filed or before any federal funding is pulled. As the federal government increases its scrutiny of higher education institutions, responding to investigations can require significant expenditures on outside counsel, document production, and compliance efforts. Many colleges and universities may not realize until it is too late that these costs fall outside the scope of their insurance coverage.

Campus police play a critical role in ensuring the safety, security, and success of high-profile and potentially controversial events on campus.  Recent incidents have highlighted the importance of proactive planning, clear protocols, and collaboration with campus stakeholders.  This client alert offers practical tools and legal insights for campus law enforcement professionals and university leaders as they prepare to host large events or controversial events on campus with outside speakers.

Recent violent incidents on campuses, including the fatal shooting of a controversial speaker, have underscored the urgent need for colleges and universities to assess their approaches to campus safety and free speech ahead of and during high-profile events.

The landscape of college athletics is undergoing a seismic shift with the rise of name, image, and likeness (NIL) rights. As student-athletes gain the ability to monetize their personal brands, a new era of opportunity—and liability—is expanding far beyond the athletes. In addition to the student-athletes, NIL stakeholders include universities, athletic conferences and organizations, sponsors, and the athletes’ families, among others. Whether the goal is to guard against emerging liabilities or protect the NIL revenue stream itself, stakeholders should consider both traditional and specialty lines of insurance. Here’s what you need to know.

K-12 schools and institutions of higher education should be keenly aware of the laws and best practices for engagement with minors (i.e., persons under the age of 18).  Teachers, non-instructional staff, coaches, and volunteers in every school district interact with minors on a daily basis.  In higher ed, faculty, staff, and even college students themselves regularly interact with minors in the context of collegiate athletics and recruiting; college and university admissions programs; and summer school sessions and internships for high-school students.