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.

Colleges and universities are uniquely positioned to foster challenging conversations and encourage engagement with controversial ideas.  Recent events have highlighted the need for institutions to balance free expression, campus safety, and community well-being while supporting robust, respectful dialogue on complex social, political, and cultural issues.

Recent campus events and the heightened political environment have spotlighted the importance of institutions of higher education having clear, effective policies and practices for managing free speech at campus events. Whether your institution is a public university and subject to First Amendment constraints, or a private university and guided by campus speech policies, the challenges are similar: supporting open dialogue, maintaining order, and ensuring legal compliance and non-discrimination.

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.

In recent years, the use of the term “rapist” on campus has sparked significant legal debate in Title IX higher education cases. Two notable cases, Nungesser v. Columbia University and the more recently decided Doe v. University of Maryland, provide contrasting judicial perspectives on this issue. In this legal update, we examine these cases, focusing on their legal reasoning, outcomes, and implications for educational institutions.

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.