Higher Education

Institutions of higher learning face many of the same complex issues as other organizations—employment matters, trademark protection, charitable giving, governance, tax-exemption, and real estate transactions—as well as challenges unique to academic environments. Gray Plant Mooty has a long history of representing higher education clients on all of these fronts. As members of the National Association of College and University Attorneys, our lawyers keep on top of the latest developments and assist you with:

Development, Charitable Giving and Donor Relations

Administration of charitable trusts and other planned gifts
Endowment funds and restricted gifts and scholarships
Planning and drafting of agreements for outright gifts, gift annuities, endowment funds, and various types of charitable trusts
Interaction with the Internal Revenue Service and state agencies
Resolution of disputes with donors and beneficiaries regarding trusts and gifts

Employment

Promotion and tenure matters
Harassment complaints
Terminations and non-renewals of tenured and tenure-track faculty
Faculty handbooks
Immigration law compliance and obtaining work authorization for faculty and staff
Labor/collective bargaining
Employee benefits and executive compensation
Employment agreements for faculty and executives
Severance and early retirement programs
Disability accommodation and accessibility
Other employment matters

Institutional Governance and Finance

Academic affairs and development and review of academic policies
Accreditation
Bond financing
Campus construction, leasing, and green development
Compliance with federal and state regulations
Endowment funds
Fundraising
Governance
On-line education
Operation of student health centers and application of HIPAA
Unrelated Business Taxable Income (UBTI)
IRS audits
Program and purchase agreements
Real estate secured financing
Revisions of articles of incorporation and bylaws
Termination of academic programs

Intellectual Property

Faculty ownership of syllabi, research, inventions, and other intellectual property
Copyright registration and fair use analysis
Web site policies, domain name disputes, and online services
Peer-to-peer file sharing regulations
Software licensing agreements
Trademark registration

Student Affairs

Affirmative action in admissions, scholarships, and financial aid
Anti-discrimination policies and practices
Compliance with the Crime Awareness and Campus Security Act
Conduct codes and disciplinary cases
Disability status and accommodations (ADA/Rehabilitation Act)
Disclosure and release of student records
Drug-testing programs
Matters related to student organizations, including fraternities and sororities
Search and seizure issues
Student and alumni foreign travel and study abroad programs
Student Financial Aid and Title IV
Student Privacy and the Family Educational Rights and Privacy Act (FERPA)
Harassment complaints
Sexual harassment, assault prevention, and response
Student athletics and Title IX
Campus violence prevention and response

Representative Clients

Crown College
Dunwoody College of Technology
Mayo Clinic
National American University
Northwestern College
Saint John's University
Saint Mary’s University
St. Olaf College
University of Minnesota
University of Minnesota Physicians
William Mitchell College of Law

Representative Matters

Crafted early voluntary retirement program for faculty members
Represented university in complex corporate restructuring of institution
Successfully defended institution against attempts to withdraw its accreditation
Defended college against tort claims involving injuries to former student employee
Assisted higher education institutions in issuing campus crime alerts and responding to on-campus crises
Advised colleges on privacy and public safety issues involving dormitory searches
Assisted colleges in responding to crisis situations involving students participating in study abroad program
Reviewed scholarship program and gave advice in avoiding potential discrimination claims arising out of donor’s directions
Advised institution on lawful methods of increasing the representation of minority faculty through lawful voluntary affirmative action measures
Defended institution against charges of violation of faculty tenure rules
Advised on participation in electronic interlibrary loan delivery system under the Copyright Act
Crafted intellectual property ownership policy for college faculty handbook
Represented institutions in drafting and negotiation of endowment fund investment instruments
Assisted in joint ventures and structuring of sales of assets to for-profit and nonprofit partners
Represented university-related foundations on donor privacy issues, data privacy act application, GASB, and relationship with sponsoring university
Advised institutions on application of changes in Minnesota law adopting Uniform Prudent Management of Institutional Funds Act and FASB endowment fund reporting issues
Represented institutions, universities, and colleges in litigation and disputes regarding charitable planning assets including construction of estate and lifetime gift instruments as well as change in use and lifting of donor restrictions
Advised institutions on gender, race, and national origin donor restrictions of charitable gifts including scholarship funds
Representing faculty with university practice plan in on-going academic affiliation