Hodgson Russ represents public and private colleges and universities, as well as their boards and senior leadership, across the full range of legal and operational challenges facing higher education today. Whether acting as trusted counsel on a single matter or serving as comprehensive outside general counsel, our multidisciplinary attorneys bring decades of sector-specific experience and sound judgment to every engagement. Our work spans everything from routine governance and employment issues to the most complex and consequential challenges an institution can face.

Governance and Institutional Leadership

Our experience with numerous, widely diverse college and university boards shapes how we counsel board members, presidents, administrators, and faculty on the roles and responsibilities of institutional governance. We assist in designing board structure and crafting key governing documents, including bylaws, administrative policies, parameters for board authority and accountability, faculty participation procedures, and financial and budgetary responsibilities.

Capital Projects, Finance, and Real Estate

Colleges and universities continue to invest heavily in facility modernization, expansion, and student housing. Because these institutions and their affiliated entities are typically organized as tax-exempt, nonprofit, or educational corporations, their capital projects require specialized legal support beyond that of a typical commercial real estate transaction.

Our attorneys regularly advise on project development, zoning, bond financing, and construction contracts, and have served as counsel on projects including multibillion-dollar campus expansions, research and bioscience facilities, medical schools, and student housing developments.

We also regularly handle real estate acquisitions, dispositions, leasing, and financing for higher education clients, as well as gifts and bequests of real property and other charitable gifts that support institutional missions.

Employment, Labor, and Human Resources

The labor and employment attorneys at Hodgson Russ counsel public and private institutions, both unionized and non-union, on the full range of workplace issues, including benefits; contracts with faculty, administrators, and vendors; unionizing efforts and grievances; discipline and termination; and human resources handbooks, practices, and policies. Our focus is first on preventive measures, since avoiding disputes is the most efficient way to manage institutional risk, and we are equally prepared to represent clients when disputes with current or former employees, or the unions that represent them, cannot be avoided.

Intellectual Property

Our intellectual property attorneys protect and enforce patent, trademark, copyright, trade secret, and unfair competition rights for higher education clients, and advise on publications, research, technology, and technology transfer. Several of our IP attorneys have advanced degrees in engineering and the sciences, and some have worked in university technology transfer offices, giving them particular insight into institutional objectives in this area.

Litigation and Investigations

Our attorneys regularly represent colleges and universities against claims of discrimination, harassment, and retaliation, appearing in court, in arbitration, and before agencies such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission (EEOC), and the U.S. Department of Education's Office for Civil Rights (OCR).

A significant part of this work involves Title VI, VII, and IX matters, as well as related civil rights claims. We regularly litigate other types of discrimination and retaliation claims under the Americans with Disabilities Act, False Claims Act, Labor Law, and related statutes. We represent educational institutions in significant tort matters, especially those intersecting with Title IX, Title VI, VAWA, and the Clery Act, as well as related investigations by the U.S. Department of Education's Office for Civil Rights.

Our attorneys regularly conduct internal investigations into allegations of academic and scientific misconduct, harassment, sexual misconduct, and other workplace and institutional conduct issues. We also advise on faculty tenure reviews and disputes involving tenure denials or revocations, employment contract disputes arising from reductions in force, terminations, and transactions involving medical practice acquisitions, as well as academic freedom issues and student discipline and conduct matters. In conjunction with these matters, we handle regulatory inquiries from the U.S. Department of Education, the Department of Justice, and the Occupational Safety and Health Administration.

The attorneys at Hodgson Russ bring this same depth of experience to the broader array of disputes and investigations that colleges and universities face, including claims arising from student injuries and deaths, NCAA matters, whistleblower and qui tam claims, defamation, and disputes involving faculty, staff, and third parties on campus.

Training and Policy Development

Training is a core part of our preventive approach to compliance. We regularly deliver training, often in partnership with our clients, to faculty, administrators, and staff on topics including sexual harassment, anti-discrimination, Title IX compliance, campus codes of conduct, and the rights and responsibilities involved in campus admissions and protests. Beyond individual sessions, our attorneys help institutions build training programs that evolve with changing legal requirements and campus needs. We also draft, review, and update the institutional policies and procedures that underpin this training, helping clients maintain compliance on an ongoing basis rather than solely in response to a specific incident.

Corporate and Tax

The corporate and tax laws affecting institutions of higher education continue to evolve, including increased governmental attention to endowment fund management and executive compensation. We advise colleges, universities, their foundations, and related organizations on these issues, as well as on general corporate matters, corporate restructurings, joint ventures, mergers, and charitable trusts.

Immigration

Our immigration attorneys assist colleges, universities, and related entities with the full range of immigration needs for faculty, researchers, and staff. Regular interaction with U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. consular offices gives our attorneys a practical, current understanding of each agency's practices and procedures.

Recognized Leadership in Higher Education

We frequently present on campuses and to higher education audiences at meetings of professional organizations, including the National Association of College and University Attorneys (NACUA), the Council of Independent Colleges, the New York State Association of Independent Schools (NYSAIS), and regional higher-education groups.

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Experience

  • Defended large university against claims stemming from alleged scientific misconduct and personal misconduct by a tenured faculty member.
  • Defended university in connection with governmental investigation into alleged violations of federal and New York State False Claims Acts.
  • Handled faculty challenges arising from a college's decision to close and transfer assets to a local university, including the regulatory aspects of closure and "teach out" of classes.
  • Assisted a college in assessing a possible merger opportunity and negotiated a potential merger agreement after substantial due diligence.
  • Defended claims brought by a former student dismissed for violations of plagiarism policy and related academic dishonesty.
  • Investigated potential claims arising from the sudden death of a student athlete during an off-season training session.
  • Represented a graduate institution in tenure revocation proceedings involving a faculty member with a record of deficient academic productivity and significant interpersonal conflicts with colleagues.
  • Counseled a university ad hoc committee in tenure revocation proceedings involving a professor who violated the institution's romantic relationships policy.
  • Investigated allegations of sexual harassment by a tenured faculty member.
  • Conducted a multi-campus investigation into allegations of serious wrongdoing by institutional human resources personnel.
  • Investigated claims of misconduct by an academic support office and student-athlete tutors at a large university.
  • Investigated claims of research misconduct and manipulation of research data in published journal articles, leading to withdrawal of the publications.
  • Defended a university in a race discrimination action involving an issue of first impression under Section 1981 of the federal Civil Rights Act.
  • Investigated allegations of workplace misconduct by the dean of a university's medical college.
  • Defended a research foundation in federal multi-plaintiff litigation brought by administrators and staff members alleging sexual harassment, gender bias, and retaliation.
  • Obtained dismissal of the substantial majority of claims asserted against a university in multi-plaintiff Title IX litigation.
  • Secured dismissal of claims against non-university employers of secondary investigators in case arising from explosion in university laser optics lab, which led to ultimate dismissal of all claims. Roberts v. University of Rochester, 573 Fed. App’x. 29 (2nd Cir.).
  • Secured affirmance of dismissal of faculty member’s claims of sex and age discrimination, against both university and dean, for alleged failure to hire her into tenure-track position. Druyan v. Hofstra University, 57 Fed. App’x. 479 (2nd Cir.).
  • Representation of university employer at the New York Court of Appeals and Second Circuit Court of Appeals, in case of first impression considering availability of Faragher-Ellerth affirmative defense to claims brought under New York City Administrative Code. Zakrzewska v. The New School, 14 N.Y.3d 469 (N.Y. Ct. App.); Zakrzewska v. The New School, 620 F.3d 168 (2d Cir.).
  • Secured dismissal of “erroneous outcome” and breach of contract claims in reverse Title IX action. Doe v. Syracuse University, 457 F. Supp. 3d 178 (N.D.N.Y.).
  • Obtained dismissal of Title IX claims and related tort claims arising from alleged sexual assault and sexual misconduct by former student. Routh v. University of Rochester, 981 F. Supp. 2d 184 (W.D.N.Y.).
  • Obtained complete dismissal of claims asserted by former student against University arising from forced abduction and infliction of serious injuries on that student. Kollias v. University of Rochester, 2023 WL 5608868 (W.D.N.Y.).
  • Obtained pre-Answer dismissal of claims, for gender discrimination, estoppel, and negligent retention. Boucher v. Trustees of Canisius University, 2023 WL 2544625 (W.D.N.Y.).
  • Obtained dismissal of claims brought by former student alleging disability discrimination, civil rights violations, false arrest, and numerous additional tort-based claims. Bied v. Cty. of Rensselaer and Hudson Valley Community College, 2018 U.S. Dist. LEXIS 55143 (N.D.N.Y.).
  • Federal and state courts dismissed male student plaintiff’s complaints alleging “reverse Title IX” and breach of contract claims. B.B. v. The New School, Index No. 159161/17 (Sup. Ct. N.Y. Cty.) and B.B. v. The New School, 2018 U.S. Dist. LEXIS 80068 (S.D.N.Y.).
  • Secured dismissal of bias claims brought against University’s Title IX Coordinator in reverse Title IX action. Doe v. Colgate University, 2017 WL 4990629 (N.D.N.Y.).
  • Secured dismissal of whistleblower claim under New York Labor Law Section 740 brought by former employee. Rexhouse v. Concordia College-New York Foundation, Inc., 64 Misc. 3d 1218(A) (Sup. Ct. Westchester Cty.).
  • Represented a State University of New York university center on a major legislative initiative that ultimately became the basis for the NYSUNY 2020 legislation enacted into law by Governor Andrew Cuomo. This engagement included development of comprehensive public-private partnership legislation to facilitate a multibillion-dollar expansion of the university center’s campuses. In addition, we also served as State Environmental Quality Review Act (SEQRA) counsel to the university center for the three campus capital project related to this legislative initiative.
  • Represented a college in the refinancing of its tax-exempt fixed-rate bonds and letter of credit-backed variable rate bonds with two new tax-exempt bond issuances aggregating approximately $35 million. We also represented the college with interest rate swaps in connection with such refinancings as well as a line of credit.

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Higher Education / News & Insights