Jenner & Block

Faculty, Student and Athletic Affairs

We also have deep experience in the problems that educational institutions face in student athletics, student recruitment, financial aid, federal loan programs, and the rules governing incentive compensation.  We have faced these issues not only from the perspective of the university, having provided representation in a False Claims Act and federal regulatory investigation relating to marketing and financial aid practices, but from the regulator, as we have been appointed to monitor educational institutions as they implement settlements with state attorneys general.

Our experience with NCAA and regional conference rules and regulations is particularly deep, and breakdowns in compliance can result in significant reputational and financial damage.  We have particular expertise in representing universities in NCAA investigations and enforcement proceedings, and have deep experience both managing internal investigations and providing representation before the NCAA Committee on Infractions.  Our team can help guide universities through preventative and remedial athletic compliance program reviews, and can recommend policy and practice changes when appropriate. Where rules violations are discovered, we can assist our clients in investigating past events and responding to inquiries by the NCAA.

We also are well equipped to investigate and respond to inquiries and investigations by the Department of Education Office for Civil Rights (OCR).  We can provide training on risks faced by athletic departments, administrators and student athletes, including anti-harassment and sexual assault policies required under Title IX.

Representative matters include the following:

  • Successfully obtained a motion to dismiss on behalf of a large public university against a suit brought by a student raising constitutional and Title IX challenges to a finding that the student violated the university’s sexual misconduct policy.
  • Represented a university in federal regulatory and False Claims Act investigation related to marketing and student loan practices. 
  • Defended the admissions practices of a large public university alleging illegal forms of favoritism.
  • Conducted a major internal investigation for a large private university into a sensitive faculty matter.
  • Counseled the athletic department of a Division I program on compliance with NCAA and regional athletic conference rules and requirements, and investigated allegations of misconduct and noncompliance.
  • Represented large public university in internal investigations related to a university athletics program.
  • Advised large public university on student misconduct proceedings.