Barclay Damon
Barclay Damon

Higher Education

Barclay Damon takes a cross-platform approach to the Higher Education legal services we offer. We understand the intricate and often complex space for higher education leaders that can range the gamut from large financing and tax matters to disciplinary matters  litigation when it arises. We have experience representing dozens of colleges and universities across the Northeast.  Currently, our lawyers serve as General Counsel and Associate General Counsel to one of the largest private universities in New York State. 

The firm’s higher education services include: day-to-day academic, business and corporate matters; labor and employment; student discipline and affairs; NCAA compliance; tax matters (including tax-exempt issues); real estate, financing and construction; employee benefits; litigation; higher education regulatory issues; and health care. 

We are members of the National Association of College and University Attorneys (NACUA), as well as the Eastern Association of College and University Business Officials (EACUBO).  Our regular work for colleges and universities includes:

Higher Ed Regulatory and Student Affairs

  • Extensive experience with the Family Educational Rights and Privacy Act (“FERPA”), Title IX, Section 504 and the ADA
  • Representing colleges and universities with respect to NCAA compliance matters, including routine compliance advice, self-reporting of violations, and major infractions cases
  • Providing guidance and assistance on higher education regulatory issues and investigations
  • Representing colleges and universities on student discipline and integrity matters, including advice during investigations and possible violations of student codes of conduct, assistance in charging decisions, and guidance during the administrative hearing and appeal process
  • Providing guidance and assistance as to issues involving international programs and virtual learning

Labor & Employment

  • Providing advice and counsel to colleges and universities on day-to-day employment and labor matters, including policies and procedures, employee and labor relations, arbitrations, tenure, terminations, separation agreements, employment agreements and appointments, employee benefits (ERISA and Affordable Care Act), immigration, OSHA, and workers’ compensation; in this regard, our L&E team works closely with college and university departments and business units
  • Representing colleges and universities as to discrimination matters brought by staff, faculty and students before the EEOC and the New York State Division of Human Rights, as well as in state and federal courts, and the United States Department of Labor and the United States Department of Education’s Office for Civil Rights

Public Finance

  • Representing colleges and universities in connection with tax-exempt and taxable obligations used to finance academic buildings, athletic facilities, dormitories and other facilities
  • Serving as bond counsel and underwriter’s counsel in connection with the issuance of tax-exempt and taxable obligations by the Dormitory Authority of the State of New York and various local agencies and authorities
  • Providing advice to colleges and universities on private use qualified management contracts issues, and prepare and assist in the implementation of post-issuance compliance procedures to ensure compliance with the Internal Revenue Code
  • Providing advice to colleges and universities on disclosure issues to ensure compliance with securities laws, and prepare and assist in the implementation of post-issuance compliance procedures to ensure compliance with continuing disclosure undertakings

Tax

  • Assisting colleges and universities in tax matters relating to scholarships, fellowships, fringe benefits, unrelated business taxable income issues, for-profit subsidiaries, and issues concerning the private use of university buildings, including any effects on tax-exempt financing

Construction and Real Estate

  • Handling all matters involving construction projects, including project financing, preparation and negotiation of construction contracts, bid disputes, mechanics’ lien proceedings, bond claims, contract disputes, mediations/arbitrations, judicial proceedings and actions, payment and performance of bond claims against sureties, defense of sureties in response to bond claims and suits by sureties against indemnitors

Litigation

  • Representing colleges and universities in state and federal courts as well as in mediation and arbitration proceedings in all areas of litigation, including commercial, contract, construction, business, labor and employment, and personal injury

Healthcare 

  • Providing licensing, contracting, and regulatory compliance counseling for medical and mental health centers located on college campuses