Blogs

NCAA Eligibility Battles Take to the Courts

In the brave new world of Name Image and Likeness (“NIL”) payments to college athletes, the inevitable question arises – do the NCAA’s eligibility rules violate federal antitrust laws? Those legal issues have taken center stage in courts around the country with mixed results. ...read more

Can a University Outsource its Title IX Responsibilities?

A poster in a higher education forum on Reddit recently posed the question, “People who work in Title IX positions: do you like your jobs?” While a few respondents offered modestly positive feedback, the overwhelming majority were negative, describing the work as a “tough gig,” “extremely difficult,” “not rewarding at all,” and even stating that “there is NO happiness connected to any position with Title IX.” Those responses reflect what many institutions already know: Title IX compliance is complex, resource-intensive, and often fraught with institutional risk. Which raises an important question for colleges and universities—can a higher education institution outsource its Title IX obligations? ...read more

5 Governance Essentials Every College Board Member Should Know

Serving on a college or university board is a critical responsibility. Beyond attending meetings and approving budgets, board members play a pivotal role in safeguarding the institution’s mission, reputation, and future. When governance fundamentals are overlooked, even the most well-intentioned boards can find themselves in the headlines for all the wrong reasons. But here’s the good news: avoiding governance pitfalls doesn’t require a complete overhaul, it simply requires getting the basics right. ...read more

Mergers vs. Closures in Higher Ed: How Timing Can Make All the Difference

The landscape of higher education has shifted dramatically since March 2020. Over 80 public or nonprofit colleges have either closed, merged, or announced plans to do so. With rising costs and the looming demographic cliff driven by declining birth rates since the 2007 recession, it’s clear that many more institutions could follow suit. While both mergers and closures are drastic moves, they are worlds apart. Mergers typically allow students to finish their degrees, protect institutional legacies, and save jobs for faculty and staff. Closures, on the other hand, can bring an abrupt end to an institution’s existence, negatively impacting students, alumni, and the surrounding community. ...read more

Political Activity on Campus: Navigating Academic Freedom and IRS Rules

Election season often brings heightened energy to college campuses.  Students, faculty, and administrators alike engage in debates, forums, and activism.  Yet for colleges and universities, this season also raises delicate compliance questions.  How can institutions honor academic freedom while respecting IRS restrictions on political campaign activity? ...read more