Colleges and Universities

We have considerable experience with an array of legal issues that are unique to colleges and universities, including faculty tenure and promotion, students’ rights and discipline, student accommodations, athletics and compliance with NCAA regulations, affirmative action, FERPA, the Cleary Act, Title IX, Title VI, Section 504 of the Rehabilitation Act, the ADA, accreditation and state regulatory compliance.  Our experience includes:

• We assisted a private, independent, four-year, liberal arts college with an internal investigation related to a high-profile matter, which entailed our responding to subpoenas and inquiries from law enforcement officials, advising the Board with respect to disciplining or terminating certain employees, delivering a report to the Board of Trustees, and preparing for any possible ensuing litigation. No lawsuits were filed, and the college was not implicated in any criminal proceeding.  The engagement lasted nearly one year.
• We represented a public institution in an injunctive action brought in federal court by a professor after the university decided to terminate a research center, which the professor had directed. The professor’s claims included: (1) a taking in violation of the 5th and 14th Amendments and 42 U.S.C. 1983; (2) failure of due process in violation of the 14th Amendment and Section 1983; and (3) breach of a prior memorandum of understanding regarding the closing of the center.  We won a temporary restraining (TRO) hearing and eventually summary judgment.
• We successfully tried a wrongful death case for a public university in the Ohio Court of Claims, in which a graduate student died following a scientific expedition. The case had numerous legal issues important for universities, including the duties of care and preparation owed by the university officials to the student both before and during the expedition.
• We successfully defended a public university in a Title IX and negligence lawsuit brought by a female student who allegedly was the victim of an on-campus date rape.
• We successfully defended a private university in a Title IX case brought by a male student who alleged he was falsely accused of sexual assault.

Vorys’ labor and employment practice encompasses a variety of functional areas working together as a team for our clients.  Our success in this area is a byproduct of strong employment counselors, sound labor attorneys and a deep knowledge of academic institutions.  Our primary goal is to use our legal knowledge and experience to assist colleges and universities in anticipating and preventing employee relations problems through education, training and counseling.

We also assist our clients in preparing and implementing personnel policies designed to minimize the potential for employer liability.  Our lawyers are devoted to understanding our clients’ objectives, creating practical solutions, providing technical advice at the highest levels and ensuring immediate service and response.

The scope of our services include:

• Counseling clients regarding the practical impact of government requirements and assisting in the development and implementation of programs to avoid liability
• Monitoring and analyzing developments in laws and regulations affecting employers and communicating these developments to affected clients
• Conducting audits of employment policies and practices to ensure compliance and to provide suggestions for minimizing liability
• Suggesting cost-saving alternative methods of complying with laws and regulations

Our team has broad and deep experience in this area.  We have defended clients in more than 400 single-plaintiff labor and employment litigation matters throughout the U.S in the past two years.  We have also represented clients in dozens of class-action employment matters, including:

• Affirmative Action programs
• Covenants not to compete and trade secrets
• Drug and alcohol policies and testing
• Employee discipline and termination
• Employment counseling
• Employment policies and manuals
• Equal Employment Opportunity
• Family and Medical Leave Act
• Harassment, including sexual harassment
• Management training
• Wage and hour/Fair Labor Standards Act (FLSA)
• Whistleblower protection
• Worker Adjustment and Retraining Notification Act (WARN)
• Workplace technology policies

Vorys has advised public and private colleges and universities on keeping their data safe.  Whether by collecting, storing and sharing customer information, conducting privacy audits or refining data security and privacy policies, we help our clients comply with constantly changing domestic and global regulations.

When clients experience data breaches despite their prevention and safety efforts, we represent them in investigations before the Federal Trade Commission (FTC), negotiate consent decrees and advise on complying with the data breach notification laws adopted in 46 states.

We advise clients on an array of privacy and data security issues, including:

• Commercial relationships
• Compliance audits
• Compliance with California the Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA) and General Data Protection Regulation (GDPR)
• Cross-border data transfers
• Data security breaches
• Email and telemarketing regulation
• Employee privacy issues
• Litigation
• Privileged and nonprivileged forensic investigations
• Privacy policies and procedures
• Regulatory investigations
• Training programs

Our college and university clients rely on our intellectual property lawyers to guide them through complex strategic planning, sensitive negotiations and other important details of intellectual property protection.  Our attorneys have extensive experience and offer full service assistance for intellectual property issues, including those related to acquisition, protection, enforcement and exploitation of trademarks and copyrights, as well as in unfair competition, trade secrets, computer law and related matters.

We have managed the following:

• Patents – conducting and preparing patentability opinions; drafting and prosecuting patent applications in various technologies; and attending to maintenance and policing of issued patents
• Agreements – negotiating and drafting patent license agreements, sponsored research agreements, collaborative research agreements, material transfer agreements, confidentiality agreements and employment agreements (as they relate to ownership of inventions)
• Audits – reviewing existing IP policies to determine effectiveness of invention disclosure and technology transfer programs.
• We have provided counsel on a proposed rewrite of a client’s intellectual property policy; copyright matters related to a faculty-authored textbook containing extracts from a commercially available software program; and technology transfer and commercialization matters.

Our litigation practice spans the nation.  We represent colleges and universities in every imaginable kind of dispute, whether it involves allegations of civil or criminal liability, whether it concerns personal injuries, claimed violation of statutes, or professional malpractice, or whether it is to be resolved in a trial court, on appeal, or through arbitration, mediation, or some other form of alternative dispute resolution.  Our experience includes:

• Vorys represented The Ohio State University as special counsel in the landmark construction case of Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of Admin. Servs. We successfully defended the University against the contractor’s claims for delay damages and equitable relief, and obtaining judgment from the Ohio Supreme Court that defined essential elements of Ohio construction law regarding the sanctity of contract, the Spearin doctrine, Cumulative Impact claims, constructive notice and express and implied warranties.
• We have managed numerous litigation claims involving bequests to a university.
• We have handled several commercial matters, including the review and preparation of leases and property construction contracts, management of construction claims, the review of revisions to Code of Regulations and assistance with complying with Ohio data privacy and security laws. We have counseled on the application of CALEA, FERPA, the Payment Card Industry Data Security Standards, the TEACH Act, the Clery Act and the HEOA.
• We have advised college and university clients on tort matters involving alleged mold exposure and alleged asbestos exposure and litigated mold and asbestos tort suits for many clients.
• For several years, we have handled numerous workers’ compensation issues in connection with private universities in Ohio.
• We have handled numerous workers’ compensation hearings.