Barclay Damon
Barclay Damon

Higher Education

Barclay Damon’s multidisciplinary higher education team serves the full range of legal needs of public and private colleges and universities and their related entities 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 advising on day-to-day academic, business, and corporate matters; labor and employment; student discipline and related 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 Title IX, Section 504, and the Americans With Disabilities Act (ADA) as well as the Family Educational Rights and Privacy Act (FERPA)
  • Representation regarding NCAA compliance matters, including routine compliance advice, self-reporting of violations, and major infractions cases
  • Guidance and assistance on higher education regulatory issues and investigations
  • Representation 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
  • Guidance and assistance on issues involving international programs and virtual learning

Labor & Employment

  • Advice and counsel 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, wage and hour matters, employee benefits, immigration, OSHA, and workers’ compensation; in this regard, our labor and employment attorneys work closely with college and university departments and business units
  • Representation for discrimination matters brought by staff, faculty, and students before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the U.S. Department of Labor, and the U.S. Department of Education’s Office for Civil Rights as well as in state and federal courts

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

  • Representation in all matters involving construction projects, including project financing, preparation and negotiation of construction contracts, bid disputes, mechanics’ lien proceedings, bond claims, contract disputes, mediations and 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

  • Representation 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

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