Practices
School Law
Higher Education

Higher Education

stock image of generic university campus

We appreciate that modern higher education institutions face unique challenges in an increasingly complex and competitive education market, and we apply our extensive experience representing colleges and universities throughout the northeast and nationally, to help them solve any problem they face.

We represent higher education clients of all sizes, denominations, and philosophies, including public and private colleges and universities, professional schools, medical schools, research universities, and performing and visual arts schools. Our cross-disciplinary team of lawyers across firm practices works together to advise our clients on the full range of legal matters they face in the operation of a successful educational institution.

Whether our clients are managing crises like COVID-19 pandemic disruptions or dealing with high-profile and sensitive issues involving sexual misconduct or free speech, we recognize the importance of maintaining positive campus morale and reputation management. We work with higher educational institutions to anticipate and effectively address potential collateral consequences of decisions and actions taken in connection with critical, sensitive matters, while balancing the need for confidentiality and disclosure in high-visibility matters. Moreover, we routinely assist clients in developing crisis management responses. There’s nothing we can’t do to help our clients in this space.

Harassment, Title IX, and Discrimination Claims

We have extensive experience guiding higher educational institutions with respect to compliance with Title IX, and other federal and state laws relating to discrimination and harassment. We represent many clients faced with Office for Civil Rights (OCR) and Department of Justice (DOJ) investigations, and work to resolve complaints through coordination with school Title IX Coordinators, General Counsels and the investigating agency. We regularly review sexual harassment and discrimination policies, as well as related complaint resolution procedures, and offer recommendations for compliance and best practice implementation. We are often engaged to conduct internal investigations of alleged misconduct by student and faculty.

Data Breaches

We have represented large university systems on data governance matters, including for HIPAA and GDPR compliance, advised colleges on matters relating to their healthcare and the sharing of student health data, and have been involved in dozens of research collaborations between universities and the private sector, including hospitals, insurers and life science companies.

Employment and Labor Matters

We counsel higher education institutions on the full range of employment matters, including employment policies; employee and student handbooks; classification of employees; employment agreements; discrimination claims such as age, disability, race and sex claims; disciplinary procedures; tenure disputes; and layoffs and terminations. We also represent clients in all areas of labor relations, including union activities, contract negotiation and administration. We have advised clients regarding union-organizing campaigns and representation elections; collective bargaining and impasse-resolution procedures; strikes, lockouts, picketing, and other concerted activity; grievance and arbitration procedures; and defense of unfair labor practice claims. Our higher education clients also benefit from our experience with immigration law in staff hiring and retention, including the handling of visa applications.

Litigation

Shipman’s litigation team is well-known for trying cases, achieving results that protect our clients, and setting important industry precedents. Our litigation team has extensive experience with virtually every area of litigation, including class actions on tuition refunds or wage-and-hour issues, single-plaintiff cases involving claims of sexual misconduct, tenure and promotion denial, discrimination, harassment, retaliation, free speech, and contract disputes and collections. In addition, our trial lawyers regularly handle complex matters throughout the country, and have appeared in more than 40 jurisdictions.

We defend higher education institutions before administrative agencies, in investigative hearings, mediations, arbitrations, and all aspects of state and federal court proceedings. We work collaboratively with clients to identify the best litigation defense strategy to control costs, and vigorously advocate for our clients in state and federal courts. Our litigation team also regularly assists clients with court cases involving students or related parties. For example, we have assisted university clients with criminal proceedings arising from on-campus student riots, and have assisted numerous schools with criminal cases against faculty and staff.

We are experienced in working with insurance providers who service educational institutions and we effectively coordinate with the insurer to counsel the school through all aspects of any legal claim.

Operations and Financing

Our business and corporate lawyers provide guidance on the full suite of operational and financing matters, including corporate governance, ownership, mergers and acquisitions, spin-off formations, financing capital projects, and contractual matters. For example, we have represented a university in connection with the affiliation of another college, thereby growing the university’s footprint of campuses throughout Connecticut and beyond.

Our tax lawyers assist our higher education clients with federal, state and local tax compliance and taxation issues involving charitable giving, as well as advise on financial issues related to scholarship and tuition remission programs, tax-exempt status, unrelated business taxable income, employee housing, executive compensation, sales and use tax exposure, and real and personal property tax exemptions. We also have comprehensive experience with the management and compliance of endowment funds and investments.

Campus Building Projects and Clean Energy

We understand the challenges higher education institutions face in new building and renovation projects. Our real estate lawyers assist in the acquisition, development and management of property; planning and zoning; conveyancing; and leasing to meet institutional needs. Whether a school is building new or renovating existing academic buildings, dormitories, dining facilities, and athletic facilities, our construction lawyers stand ready to assist them. In addition, we advise on a wide range of energy/clean energy projects.

When confronted with environmental considerations, our environmental health and safety lawyers assist with compliance, environmental permitting, financing, and environmental insurance and risk management in construction projects. We have broad experience with the regulatory aspects of contaminated properties, and we have extensive experience with site assessments, environmental auditing, reporting, record keeping and other compliance obligations under various programs governing asbestos, lead, PCBs, mold, PFAS, ammonium, and other environmental, health and safety issues.

Experience

Financing

Secure CHEFA Financing to Support Campus Initiatives

Assist numerous independent schools and institutions of higher education in issuing tax-exempt and taxable bonds through the Connecticut Health and Educational Facilities Authority (CHEFA) to achieve money-saving refinancings of outstanding debt, and to support campus construction of state-of-the art new facilities, and money-saving renovations of existing facilities.

PPP/CARES Act Assistance

Assist independent schools and institutions of higher education and other businesses with SBA Paycheck Protection Program (PPP) loans under the CARES Act, including with respect to eligibility (including the necessity certification), documentation and forgiveness.

Higher education

Defended University against Claims of Age Discrimination

Achieved summary judgment in favor of a private Connecticut university on an age discrimination claim challenging the university’s decision to remove a professor from her previously held position as director of an undergraduate program. After the professor filed an appeal, we successfully argued before the Second Circuit resulting in an opinion affirming the district court’s decision in its entirety.

Lyme Academy College of Fine Arts Now an Affiliate of the University of New Haven

University of New Haven

We represented the University of New Haven in connection with the affiliation of Lyme Academy College of Fine Arts in Old Lyme, Connecticut with UNH. This exciting opportunity for UNH allows UNH to enhance its experiential learning opportunities in the fine arts and adds to its growing footprint of campuses throughout Connecticut and beyond. In connection with the rare affiliation of two institutions of higher learning, a team of attorneys and paralegals at the firm addressed the many legal issues presented - ownership, corporate governance, 501(c)(3) and other tax matters, endowment and charitable giving matters, accreditation and regulatory consents, human resources, employee benefits, faculty, staff and student matters, real estate, environmental matters, housing (including condominium issues), degree requirements, financial aid, accounting, and lender consents.

Resolution for College in Groundbreaking Federal Court Case Alleging Implicit Bias

Successfully represented a private college in a federal court where a professor claimed she was denied tenure and did not receive the training and mentoring provided to other professors due to implicit bias against her. The case was one of the first cases in the country based on a theory of implicit bias. Depositions of experts proposed by plaintiff on this novel theory helped lead to resolution of the case in a favorable manner for the college.

Successful Representation of College against CHRO Complaints

Represented a college in several CHRO complaints and a federal court lawsuit asserting discrimination and retaliation claims.

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Investment management

Negotiate Investment Management Agreements for Endowments

Assist independent schools and institutions of higher education with the review and negotiation of investment management agreements for endowments, including with respect to Outsourced Chief Investment Offices (OCIO). Advise schools with respect to master-feeder fund and fund-of-fund structures and investment documents for alternative investments in private investment funds, hedge funds and venture capital funds.

General

Representation of University in Employee Termination for Sexual Harassment

State University

Represented state university in Ohio Court of Appeals related to the termination of an employee for sexual harassment, resulting in the court upholding the termination.