Our firm has unique experience advising and representing academic institutions faced with the enormous challenges posed by academic program reduction, closure, affiliation, or merger. Program changes are among the most serious and difficult risk management challenges faced by institutions of higher learning. Our attorneys have helped colleges, universities, and graduate programs avoid significant disruption and liability in connection with financial exigency and program-related reductions and faculty terminations. One of our partners has also authored a monograph designed to help institutions minimize the risks associate with difficult program closure decisions. See “Closing an Academic Program Without Litigation: Process, Planning, and Pragmatism” (United Educators Monograph, 2001). Our extensive counseling experience includes:
- Investigating and advising decision makers about the appropriate procedures for considering and documenting a finding of financial exigency or a decision to reduce a program; designing procedures when existing institutional procedures are absent or unworkable.
- Advising decision makers about the appropriate procedures and the legal risks associated with financial exigency declarations, decisions to close programs, and decisions to terminate tenured faculty.
- Working with financial experts and governing board members to evaluate financial information and consider alternatives to discontinuing or closing programs or terminating faculty employment.
- Developing plans, board presentations, resolutions, and talking points for faculty, student, human resources, and media relations personnel regarding decisions to reduce programs, close schools, or declare exigency.
- Communicating with AAUP, accrediting agencies, and media outlets about closure and faculty termination decisions.
We also have extensive experience defending institutions and individuals in damage or injunctive actions seeking to challenge program closures or financial exigency terminations:
- Representing institution and administrators in class actions brought by students and clinic patients challenging program closures.
- Representing institution in employment litigation challenging termination of tenured professors’ and tenure-track professors’ employment consequent to affiliation of two institutions.
- Defending against injunctive actions seeking to require continued employment of tenured faculty members at a successor institution or transfer of faculty members from a closing department to continuing departments within the university.
