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WilmerHale recently held its inaugural Academic Year-End Review:
Current Issues in Higher Education conference in Washington DC. The
event, co-hosted with Berkeley Research Group, included two panel
discussions on current issues facing college and university
attorneys as the 2017–2018 academic year closes. Speakers
included a university general counsel, a former Department of
Education official, a former administrator of two for-profit higher
education institutions, and a managing director of a global public
relations and communications firm.
Below are key takeaways from each of the conference
sessions.
Crisis Response in the Wake of the #MeToo and Time's Up
Movements
In the wake of the #MeToo and Time's Up movements, it is
critical for in-house counsel to anticipate issues before they
arise—and have a plan for responding to crises promptly and
effectively. In a lively discussion, panelists offered guidance
regarding the proactive steps college and university attorneys can
take to prepare for potential crises. Key insights included:
Use the #MeToo and Time's Up
movements as motivation to proactively evaluate policies and
practices and to address issues of pay equity, gender
discrimination and sexual misconduct on campus.
Don't wait for a crisis to
hit—coordinate with your communications office, establish a
crisis management team, and consider how your institution should
respond to high-profile sexual misconduct issues.
Engage with your institution's
board, keeping board members informed of thorny issues or
allegations to avoid surprise when a crisis emerges.
Regulatory, Enforcement and Litigation Issues on the
Horizon
Given today's ever-shifting landscape of regulation, state
and federal enforcement and private litigation in higher education,
panelists covered recent developments and trends relevant to both
nonprofit and for-profit institutions. Noteworthy points
included:
As we await new Department of
Education rules (e.g., Borrower Defense and Gainful Employment), be
mindful that state-level enforcement and private litigation may
fill gaps in regulation.
Take a hard look at your
institution's reporting to third parties and
ensure—either through internal or outside auditing—that
data is correct and complete.
Information sharing between
institutions (e.g., about early decision applicants) has raised
antitrust concerns; remember that the Sherman Act applies to
nonprofit and public institutions.
In light of increased interest in
foreign influence on political discourse, consider whether your
institution is engaging in activities that implicate the Foreign
Agent Registration Act.
Panelists included:
Jose Padilla, Vice President and
General Counsel of DePaul University and former chair, NACUA Board
of Directors
Mike Heimowitz, Managing Director,
Public Affairs & Crisis Practice, Burson-Marsteller
Daniel Zibel, Vice President and
Chief Counsel for the National Student Legal Defense Network and
former Deputy Assistant General Counsel for Postsecondary Education
at the U.S. Department of Education
Greg Wallis, former CFO of Harrison
College and former Vice President of Finance at ITT Educational
Services
Danielle Conley, a Partner in WilmerHale's Strategic
Response Group and co-chair of the firm's Anti-Discrimination
Practice
Blake Roberts, a Partner in WilmerHale's Government &
Regulatory Litigation and Strategic Response Groups
Elizabeth Arnold, Director, Berkeley
Research Group Labor and Employment Practice
Peggy Daley, Managing Director,
Berkeley Research Group
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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