Higher Education

Ogletree Deakins’ Higher Education Practice Group is an experienced, nationwide attorney group whose members partner with and provide legal services to public and private colleges and universities, multi-campus systems, academic medical centers, clinical affiliates, university and foundation boards, corporations, employers that partner with public and private institutions, athletics departments, clinical practicum programs and internships, cooperatives, and apprenticeship programs.

We provide a full spectrum of services, including internal investigations, client counseling, day-to-day legal advice, prelitigation strategy, and EEOC charge, OCR complaint, and litigation defense. We also defend against DOJ civil complaints and lawsuits, pattern or practice investigations, and Title VI/Title VII pattern or practice investigations. Our coordinated, cross-disciplinary approach ensures that clients benefit from subject-matter depth, responsive availability, and cost efficiency. From routine employment questions to complex, multi-issue disputes, we help higher education leaders and their corporate partners navigate an increasingly demanding regulatory environment with confidence and clarity.

Our attorneys provide extensive knowledge, a coordinated approach, bench depth to ensure availability of legal resources, integration of areas of experience, and economies of scale. We handle simple and complex matters and assist with prelitigation defense, loss prevention, and risk management strategies to help institutional and corporate leaders respond to the regulatory and legal challenges of today’s increasingly complex higher education environment. Our clients turn to us because we offer more than legal representation: we offer a strategic partnership grounded in deep knowledge of higher education and adjacent sectors. Whether the challenge involves regulatory compliance, workforce issues, faculty governance, or potential or actual litigation, our team delivers practical, business-minded counsel tailored to the realities of institutional challenges and operations.

Communication and Value

Communication is a vital part of serving the legal needs of higher education leaders, colleges and universities, partners, and affiliates. We regularly update clients on the status of their matters and cases and are available for consultation at every step of the decision-making process. This practice style promotes information-driven decision-making and helps build strong, lasting relationships. Our lawyers work closely with clients to develop fee arrangements that are tailored to their needs.

Two-Fold Practice Model

First, we work with in-house and local counsel to resolve complex litigation, administrative, policy, and compliance matters. Second, our attorneys serve traditional in-house functions of providing core legal support and advice to institutions that do not have in-house or local counsel.

Representative Higher Education Practice Areas

EMPLOYEE RELATIONS	REGULATORY
• Family and Medical Leave Act • Disability access and accommodation • Employee counseling and discipline • Leaves of absence • Internal investigations • Employee classifications • Benefits • Handbook and policy drafting and review • Workplace violence and safety • Severance agreements • Labor relations • Collective bargaining • Immigration • ERISA compliance and litigation • Drug testing • Military leave • First Amendment • Cross-border matters	• EEOC charge defense • Wage and hour • Training • Compliance • Data privacy • Background checks • Whistleblower response • Federal grants • Research misconduct • OSHA • Workforce reductions • Conflicts of interest • Reaffirmation of accreditation • Program closures • DOJ civil complaint, compliance review, investigation, and lawsuit defense • Gender identity investigations and charges
EQUAL OPPORTUNITY	STUDENT MATTERS
• Title IX • Title VII • Disability access and accommodation • Employment litigation • DEI program compliance and restructuring • Grievances • Affirmative action • Pay equity • Equal Pay Act • Age discrimination • Religious accommodation • OFCCP audits • Race-neutral alternative program development • Section 1981 • Disparate impact policy audits	• Title VI • Student discipline • FERPA • Clery Act • Honor code • Financial aid • Student drug and alcohol policy • Athletics equity and compliance • Student organizations • Social media • Online education • Hazing • Name, image, and likeness • Union negotiations • Sports participation investigations

Depth and Experience

Experience with litigation, policy matters, U.S. EEOC charges, OCR complaints, disability and accommodation issues, OFCCP reviews, contracting, and higher education issues based on state and federal laws and regulations, and agency rules and regulations
Experience working with university presidents, general counsel, and senior leadership teams
Updates regarding pending litigation that affects institutional operations, compliance requirements, and legal trends in higher education
Updates regarding executive orders and new legislation impacting operations and compliance requirements;
Training and presentations for executive employees, staff, faculty, and students
Preventive counseling about the legal risks associated with business practices
Experience in higher education-specific matters such as articulation agreements, bid protests, clinical affiliation agreements, Campus Sexual Violence Elimination Act compliance, construction, credentialing, diversity training, Drug and Alcohol Abuse Prevention Program requirements, fair use, Higher Education Opportunity Act compliance, honor code, procurement, program integrity rules (Title IV), reaffirmation of accreditation, red flags rules, strategic planning, hazing prevention and investigation, athletic compliance issues, and Student Right‑To‑Know and Campus Security Act requirements
Experience as institutional liaisons with the U.S. Department of Education, Offices of the United States Attorneys, Offices of Inspectors General, NCAA and other athletic associations, and other governmental agencies and divisions