Higher Education Compliance

Holtzman Vogel’s Higher Education Compliance Group advises colleges and universities on aligning policies with federal and state law and best practices in the sector—from proactive planning and internal reviews to defending against state and federal investigations. Our attorneys bring experience from the Department of Justice, the Internal Revenue Service, state Attorneys General offices, and federal and state courts, offering deep knowledge at the intersection of constitutional, education, nonprofit organizations, and regulatory law.

We represent a broad range of institutions and stakeholders, including public and private universities; governing boards; administrators, faculty, and staff; university-affiliated foundations and donors; and higher education associations.

Areas of Expertise

• Admissions and Scholarships: We evaluate admissions criteria post-Students for Fair Admissions as well as awards of scholarships and financial aid.
• Employment, Human Resources, and Executive Compensation: We review faculty hiring, promotion practices, and diversity training and initiative compliance. We advise on executive compensation and compliance with federal tax law.
• Gifts, Grants, and Sponsorships: We develop and review inbound and outbound grant awards and sponsorship programs. We also advise on the structuring, memorializing, and reporting of incoming gifts.
• Academic Programs & Research: We review curricula, faculty evaluation standards, and grant-related mandates.
• Governance & Internal Controls: We counsel governing boards and senior officials on their fiduciary duties and other legal obligations. We review vendor, donor, and alumni compliance as well as internal audits and ethics programming and conduct training where appropriate.
• Lobbying and Other Regulatory Compliance: We advise on lobbying regulations, both under the Tax Code and under various lobbying disclosure acts. We counsel on compliance with the requirements of federal tax-exempt status.

Our Model

• Proactive Risk Management: Identify vulnerabilities early with thorough audits of existing policies, including diversity equity and inclusion (DEI) policies, which may qualify as a violation of the law.
• Independent Investigations: Provide an impartial, privileged review of current practices.
• Strategic Defense: Anticipate government trends and build strong preemptive strategies.
• Legal Expertise and Experience: Design institutional programs rooted in solid legal principles and deep understanding of best practices.
• Political Acumen: Leverage our expertise and experience to navigate the public and political dimensions of high-profile inquiries.
• Collaborative Counsel: Align with institutional leadership, communications teams, relevant stakeholders, and general counsel.