A Traditional Approach for Higher Ed’s Challenging Legal Environment

The Trump administration has deluged higher education with an avalanche of executive orders, Dear Colleague letters, and social media posts since January 20. Advocacy groups have responded with litigation in dozens of courts across the country. The result is a confounding operating environment for senior administrators, uncertain funding for researchers, incredible angst for international students, and overall confusion.

As much as we all wish otherwise, institutions have no clear course to follow. However, one of the long-standing traditions of higher education — shared governance — provides a model that can assist institutional decision-making in the coming months.

Given the rapidity of change, we recommend that colleges and universities establish a small work group with no more than a dozen students, faculty, and staff members to continually monitor the rapidly changing legal and regulatory environment. Not only can this group synthesize the impact of governmental actions and alert senior leaders about significant decisions meriting their attention, but group members can also help educate their peers about institutional options.

If your institution has in-house counsel, that lawyer should play an integral role in this effort. Alternatively, your outside counsel may be following events in Washington, D.C., such that he or she can provide useful insights into the status of the legal proceedings and the various regulatory processes.

These are trying and exasperating times, but regardless of higher education’s future legal environment, the tradition of soliciting input from campus colleagues is an excellent way to help chart the appropriate course for your institution.

Steptoe & Johnson’s Higher Education Team will continue monitoring Washington, D.C. events and providing client alerts. Your team members and other colleagues can register for those alerts here. Please do not hesitate to contact us or any Higher Education Team member if we can assist along the way.