Higher Education
Lived Experiences in Higher Education + Law = Unparalleled Perspective, Commitment, and Value
For over 50 years, Harter Secrest & Emery has represented an array of higher education institutions, including large research institutions, nationally recognized and regional universities, private liberal arts colleges, religiously affiliated institutions, nursing schools, community colleges, and other academic institutions. We pride ourselves on being more than outside counsel to our clients; every day and with every interaction and issue, we partner with our clients to address their opportunities and challenges as if they were our own.
In some respects, colleges and universities are like many other non-profit entities, allowing for legal knowledge to be highly transferrable. In so many other ways, however, they are distinctive entities, making unique contributions to the communities in which they are located, the country, and the world, with student growth and achievement as their core mission. And, as highly regulated entities, institutions of higher education must focus on legal compliance and risk management, without taking their eyes off of their mission.
Benefits from our “lived experiences”
For decades, we have been immersed in higher education—in legal and non-legal roles. Members of our team have served as a college president, as faculty, in human resources and academic administration, and as investigators, adjudicators, and hearing officers in Title IX matters. Because of these lived experiences, our clients regularly seek legal advice, and just as often seek guidance regarding campus-wide initiatives, approaches to challenges only tangentially related to the law, and internal and external communications. We have an immediate understanding of how discussions and decisions should be approached within the landscape, which translates into mission-driven, cost effective, and implementable solutions.
We strive to know your culture
We understand that legal guidance is helpful only if it resonates within each institution’s culture. We work collaboratively with our clients to become well-versed in each campus’s values and parlance to ensure a harmonized approach. Our long history of working with different institutions and different types of institutions, together with our commitment to understanding and honoring each institution’s culture and values, have resulted in effective communications, productive problem-solving, and constructive collaborations. It is not uncommon for our higher education clients to say, “You get us.”
Higher Education Consulting
Our higher education consulting services combine decades of experiences and leadership within higher education with legal acumen to help higher education institutions transform challenges into solutions and opportunities. With President Emeritus and senior higher education counsel Daan Braveman (who during his nearly 45-year career achieved a national reputation in higher education administration and law) at the helm, we provide consulting services in the following areas: academic programming; alternative finance; campus culture and human capital; crisis planning and management; diversity, equity, and inclusion; executive and board leadership; mergers, acquisitions, closures, and strategic alliances; policy development; risk management; and strategic planning and communications. Click here to learn more.
Mergers, Acquisitions, and Strategic Alliances
Higher education institutions are experiencing profound change. The difficult circumstances now facing higher education may necessitate conversations about internal restructuring, mergers, acquisitions, strategic alliances and affiliations, or even closure. As colleges and universities explore these options, we bring together the best thought leadership and legal acumen to help institutions face change head on and make strategic decisions that promote institutional vibrancy and viability. Click here to learn more.
Training
We help our clients develop competencies through compliance training and regularly conduct training required by law and programs related to legal developments and mission-oriented trends. Our training programs are infused with practicality, in part because of our experience inside higher education and in part because it is how we practice law, and many organizations find our training to be educational, interesting, and fun (even FERPA training!). From “training the trainer” to direct delivery of content, we can help design practical and highly cost-effective training programs meaningful to and necessary for your campus. We have trained institution representatives across New York State. Click here to view a map.
Breadth and depth of knowledge on issues facing higher education
We provide legal advice related to the ever-expanding list of applicable laws and practical, day-to-day guidance on the broad range of issues your institution may face, including:
- Bond financing
- Board governance
- Contract management
- Crisis communications and management
- Endowments
- Grant administration and effort reporting
- IRS and Form 990
- Mergers, acquisitions, closures, and strategic affiliations and alliances
- New York State Not-For-Profit Corporation Law
- Policy development
- Tax-exempt structure
- Academic programming and approvals
- Accreditation
- Faculty appointments and protections
- Financial exigency
- Shared governance
- Infringement litigation
- Licensing
- Technology transfer
- Trademark
- ACA
- Collective bargaining and NLRB compliance
- Compliance with Student and Exchange Visitor Information System (SEVIS)
- Diversity, equity, and inclusion
- EEO and non-discrimination
- Employment-based immigration petitions
- Employee benefits, including retirement and health benefits and executive compensation
- ERISA
- I-9 compliance
- Leave issues, including compliance with the FMLA, ADA, and Workers’ Compensation Law
- National Labor Relations Act
- Performance management
- Personnel policies and practices
- Reductions in force
- Wage and hour
- Adjudication
- Civil, criminal, and regulatory investigations
- False Claims Act compliance and investigations
- Informal resolution
- Litigation defense, including litigation and resolution strategies
- Risk management
- Title IX and discrimination investigations
- Breach prevention
- Responding to state and federal inquiries
- Security breaches
- Acquisition
- Disposition of property
- Expansion and renovation
- Leasing
- Admissions
- Campus crime reporting and emergency preparedness (Clery Act)
- Codes of conduct and disciplinary processes
- Diversity, equity, and inclusion
- Federal financial aid and scholarships and Title IV
- FERPA
- Non-discrimination
- Policy development
- Section 504
- Title VI
- Title IX
- Training
- Title IX and Enough is Enough Advice and Counsel. Click here to learn more.
- Adjudication, Informal Resolution, and Investigation Services. Click here to learn more.
Key Contacts
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John G. Horn
Partner
Buffalo and New York City
716.844.3728
jhorn@hselaw.com -
Joshua E. Gewolb
Partner
Rochester
585.231.1151
jgewolb@hselaw.com
Team
-
Peter H. Abdella
Partner
Rochester
585.231.1116
pabdella@hselaw.com -
Daniel J. Altieri
Partner
Buffalo
716.844.3741
daltieri@hselaw.com -
John A. Anderson
Partner
Rochester and Corning
585.231.1169
janderson@hselaw.com -
Lindsey N. Bober
Associate
Rochester
585.231.1313
lbober@hselaw.com -
Joseph G. Casion
Partner
Rochester
585.231.1407
jcasion@hselaw.com -
Theresa A. Conroy
Retired Partner
Rochester
585-231-1111
tconroy@hselaw.com -
Brian M. Feldman
Partner
Rochester
585.231.1201
bfeldman@hselaw.com -
F. Paul Greene, CIPP/US, CIPP/E, CIPM, FIP
Partner
Rochester and New York City
585.231.1435
fgreene@hselaw.com -
Paul W. Holloway
Partner
New York City and Buffalo and Rochester
716.844.3708
pholloway@hselaw.com -
Sara H. Marangola
Counsel
Rochester
585.231.1165
smarangola@hselaw.com -
Benjamin E. Mudrick
Partner
Rochester
585.231.1421
bmudrick@hselaw.com -
Frank A. Novak
Partner
Rochester
585.231.1406
fnovak@hselaw.com -
Martin W. O’Toole
Partner
Rochester
585.231.1103
motoole@hselaw.com -
Rayza Santiago
Counsel
Rochester
585.231.1359
rsantiago@hselaw.com -
Laura K. Schwalbe, CIPP/US
Senior Associate
Buffalo and Rochester
716.844.3752
lschwalbe@hselaw.com -
Brian B. Shaw
Partner
Rochester
585.231.1193
bshaw@hselaw.com -
Paul D. Sylvestri
Partner
Rochester and Corning
585.231.1194
psylvestri@hselaw.com -
Edward (Ted) H. Townsend
Partner
Rochester
585.231.1254
etownsend@hselaw.com -
Luke P. Wright
Partner
Rochester
585.231.1297
lwright@hselaw.com
According to our clients:
“I have worked with Harter Secrest & Emery for over 10 years on a variety of education law issues. I always come away feeling confident that I have been given solid and thorough counsel.”
“The combination of a very deep knowledge base regarding legal issues in higher education, and the ability to understand the ever-changing dynamics of the academe make HSE a wonderful choice for this industry.”
