The Steptoe & Johnson Higher Education Team has established itself as trusted counsel to institutions of higher education (IHEs) across the United States as they navigate a swiftly changing educational landscape. We provide practical solutions tailored to meet the evolving needs of IHEs by designing policies and processes that serve to expand opportunities and minimize risk. Our diverse team leverages extensive experience to enhance the strategic position of our higher education clients, offering proactive, long-range guidance in a variety of areas of campus life. While we always aim to avoid the courthouse when possible, we are prepared to vigorously litigate on behalf of our clients when circumstances compel us to do so.
Trust lies at the core of our approach. Institutions can rely on our deep understanding of the unique needs and regulatory frameworks that shape the business of operating an IHE. Many of our attorneys have had firsthand experience as academic administrators and faculty members, providing them with invaluable insights into the complexities of campus culture. We collaborate closely with executive leaders and boards, guiding them through intricate issues from business operations to Title IX and from data security to partnerships and mergers. By fostering a relationship built on trust, we empower institutions to make informed decisions and strengthen their overall operations.
To best serve our clients, we have built a team that draws from a diverse array of perspectives and experiences. In addition to serving as academic administrators and faculty, many members of the Steptoe & Johnson Higher Education Team have worked at all levels of government, including national, state, and local; led public policy initiatives; and served as board members of educational institutions and nonprofit organizations. Additionally, our attorneys are frequently featured at national conferences, offering guidance on issues affecting educational institutions, and have authored some of the most widely recognized titles on higher education law.
In addition to such professional experiences, our attorneys are experienced in advising in a number of important areas:
Steptoe & Johnson recognizes that higher education plays a vital role in shaping the future, and we are committed to supporting the success of IHEs. Our experience and our comprehensive suite of value-driven services provide the necessary guidance, pragmatism, and resources to help colleges and universities overcome challenges and thrive in today’s dynamic landscape. Our trusted advice and counsel enable our higher education clients to focus on the core mission of providing transformative education while mitigating risks and fostering the optimal academic environment for students, faculty, and staff.
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Steptoe & Johnson Higher Education Experience:
Our attorneys work with institutional leaders and trustees to help them navigate and address a variety of complex issues, including evaluating insurance coverage and crafting partnership agreements and advising on issues related to distance learning, governance, or institutional finances. In addition, we’re often called upon to assist with strategic planning and financial sustainability. We help identify growth opportunities and provide recommendations to enhance our clients’ opportunities to achieve long-term success. Our attorneys have:
In recent years, campuses across the country have witnessed a dramatic rise in claims of discrimination and harassment by students and employees. We partner with institutions to craft policies, offer trainings, and create safeguards aimed at the prevention of such incidents. When claims of sexual misconduct and/or gender discrimination arise, our attorneys offer a sensitivity to the nature of such matters and experience in helping institutions navigate all phases of the investigation and resolution. Our attorneys understand the investment that each academic institution makes in its students and workforce, and we collaborate with the institution to proactively protect the health and safety of campus communities. Our attorneys have:
Central to the higher education experience is the cultivation of a robust campus life, including clubs, fraternal associations, student governance, athletics, service-learning opportunities, and travel study programs. The community created on a college campus not only offers a unique and valuable learning environment but also presents many legal challenges. We work with institutions to ensure that the campus environment is intentionally structured to advance the interests of students and their safety.
Our attorneys develop effective and practical student handbooks and conduct codes and design effective disciplinary processes. We also work with administrators, staff, and faculty to provide guidance and training so they can function as effective student advocates. Our attorneys have:
While innovative and dynamic, college campuses are among the most complex employment venues, with a variety of categories of employment, including faculty, staff, adjunct, and student worker roles. The Steptoe & Johnson Higher Education Team has been recognized regionally and nationally for its employment counsel. We assist with all aspects of employment relationships, such as drafting and negotiating presidential contracts, preparing faculty and staff employment guides and contracts, investigating and resolving workplace disputes, addressing disability accommodation issues, and handling discipline and discipline matters. We also work with clients on issues related to unions, ranging from elections and collective bargaining to representation before arbitration panels and the National Labor Relations Board (NLRB).
Possible unionization on campuses creates additional complexities for IHEs. The Steptoe & Johnson Higher Education team has a record of exceeding expectations across the spectrum of labor issues, from organizing campaigns to decertification and everything in between. Labor activities such as picketing and petitions for recognition can happen at any time and are often planned to occur at the most inconvenient times. Responsiveness in times of crisis is vitally important. Steptoe & Johnson has the depth to ensure that experienced lawyers are always ready to go, anytime or anywhere necessary. In addition, we work proactively with clients by training managers and supervisors to minimize the chance of facing a union campaign.
When issues develop surrounding tenure and promotion decisions, the Steptoe & Johnson team works with campus leadership to develop a strategy to address such issues. We counsel IHEs on their tenure procedures and processes and provide representation in tenure-related litigation.
Steptoe & Johnson’s employee benefits team designs creative and pragmatic solutions to align with each institution’s legal and operational needs in all facets of employee benefits and compensation law. We have extensive experience helping IHEs achieve their goals through the design, implementation, and administration of tax-qualified retirement plans, health plans, and nonqualified deferred compensation plans. We also advise institutions on officer and executive employment agreements, including executive compensation programs.
Steptoe & Johnson attorneys have extensive experience in issues related to all forms of intellectual property rights, including trademark, copyright, and patent prosecution and protection. As intellectual centers, IHEs need to take the steps necessary to protect the original work of their faculty and intellectual collaborators. As colleges and universities increase the use of online course delivery modalities, they must have robust policies in place that guide employees, faculty, and students on the appropriate use of intellectual property and copywritten materials. In addition, as IHEs market themselves and their programs, they often utilize logos and other forms of trade dress that have been the subject of considerable investments of time and money.
IHEs hold large quantities of sensitive data regarding students, employees, and others associated with the institution. At the same time, the use and preservation of such sensitive data are strictly regulated to protect individual privacy. Because of its value, the data held by colleges and universities is increasingly becoming a prime target for hackers.
Recognizing the importance of emerging issues associated with information security and data protection, Steptoe & Johnson has cultivated a strong and experienced cybersecurity and data privacy group. We can help colleges and universities improve their data security policies and processes and vigorously defend institutions if a data security incident or breach occurs. Our attorneys have:
For IHEs, the cost and complexity of meeting an array of regulatory demands are growing ever more daunting. The Steptoe & Johnson Higher Education Team partners with institutions to craft policies and processes that ease regulatory burdens. We have assisted multiple IHEs in the creation of campuswide compliance and ethics policies to help prevent compliance issues. In addition, our attorneys work with institutions to conduct audits of compliance processes, and we defend institutions in the event of an investigation. We work with institutions on matters related to student financial aid, international student immigration issues, FERPA, Clery Act, and many other areas. Our goal is to help institutions identify and implement the best and most efficient practices associated with regulatory compliance. Our attorneys have:
We have broad experience working with both institutions and athletic conferences on issues ranging from program compliance to athlete safety and health. Our attorneys have partnered with National Collegiate Athletic Association (NCAA), National Association of Intercollegiate Athletics (NAIA), and National Christian College Athletic Association (NCCAA) schools to help them ensure their athletic programs are governed by effective and accountable policies and processes. In the event of an investigation, we support institutions through the review and remediation process. Our attorneys have:
Strains upon higher education institutions have made the business of managing a college or university increasingly challenging over the past decade. In the face of such mounting challenges, many IHEs may consider forms of integration or deep collaboration in order to attain efficiencies of scale or to assist with financial challenges. The Steptoe & Johnson Higher Education Team works with institutions to explore potential pathways and to navigate regulatory, licensing, and accreditation requirements that may influence key operational decisions. We bring an experienced perspective to any consideration of such potential institutional recalibrations. Our attorneys have:
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