We have an unusual depth of experience, both as in-house counsel and in private practice, counseling, training, and representing colleges and universities in the wide range of issues loosely known as “student affairs.” This includes academic, disciplinary, athletic, disability, medical, privacy, and residence life issues.
Two of the firm’s partners co-authored a comprehensive article regarding the legal and practical issues that arise in managing students of concern, which was awarded the 2008 Association of University and College Counseling Center Directors Professional Scholarship Media Award. See http://www.babbitt-law.com/Threat-Assessment-Team-Article.pdf.
Our counseling and training experience includes the following:
- Drafting student disciplinary and academic integrity codes and administering student discipline, academic misconduct, and expulsion matters.
- Advising institutions regarding strategies for responding to troubled students, including the drafting and implementation of threat assessment and related policies (including involuntary withdrawal, interim withdrawal, mandatory assessment, and conditional readmission policies).
- Advising institutions on issues related to compliance with FERPA, the Clery Act, and other statutory and regulatory requirements applicable to higher education institutions.
- Advising athletic departments about compliance with NCAA and other conference requirements, as well as anti-discrimination and ADA provisions.
- Advising student affairs, security, counseling centers, and residence life personnel in responding to troubled students.
- Counseling institutions about the application of HIPAA and state medical records laws to campus health centers.
We also serve as powerful advocates for institutions and individuals whose student affairs decisions are challenged within agencies or in court:
- Representing institutions and administrators in actions brought by students challenging disciplinary, grading, and academic misconduct decisions, including the successful defense against numerous motions for emergency injunctive relief.
- Defense against student class actions challenging governing board decisions to close or merge schools or eliminate degree programs.
- Defense of institutions during government investigations, including Office for Civil Rights proceedings and Department of Justice audits of campus facility accessibility under Title III of the ADA.
