McLane Middleton's education group represents a large number of colleges and independent schools in New Hampshire and Massachusetts, and provides consultation and training services to schools and school associations in New England and nationwide. The Group has extensive experience in understanding the unique nature of the governance of educational institutions as well as in handling difficult issues that may arise such as relating to tax exempt status, restrictions on endowment, faculty compensation and tenure issues, and student discipline, to name a few.
Risk Management and Counseling
We provide day-to-day counseling assistance on every aspect of school operations, such as faculty performance management, terminations, investigations and leave of absence issues. We also provide counseling regarding student matters, such as student discipline, leave of absence and tuition issues. We also assist in drafting student and employee policies and documents such as handbooks, enrollment agreements, employee contracts and permission slips.
We train school human resources personnel and managers on avoiding wrongful discharge and discrimination claims, hiring to firing strategies, and conducting investigations. Our education group provides risk management training for key administrators working with students on high risk issues such as student misuse of social media (including sexting), acquaintance rape and underage sexual relations, and drug and alcohol abuse. We train school health care providers on high risk issues such as dealing with students and their parents about eating disorders; managing psychotropic medications for students; balancing the need for information sharing; and confidentiality and privacy protections. We also provide trainings on all aspects of safe schools such as preventing and responding to harassment, hazing, bullying, abuse reporting and mandatory reporting obligations. Our attorneys create and tailor workshops to fit the unique needs or interests of the school. Among our popular programs are: "Your Role in Maintaining a Safe School Environment," "Setting and Maintaining Appropriate Boundaries with Students," and "Coaching Legally and Safely."
McLane Middleton is experienced at dealing with virtually every kind of crisis a school might experience. These include natural disasters such as severe flooding, tornadoes, and ice storms and the resulting damages to school facilities, operations and infrastructure. We also assist schools in responding to discovery of extreme misconduct toward students and employees by current or past employees. We assist schools in responding to, identifying and investigating financial misdealing and other types of fraud.
McLane Middleton is a regional leader in litigation involving education institutions. We handle all types of litigation against schools and their employees, including employment, environmental, criminal, construction, and insurance litigation.
We routinely assist schools with intellectual property matters, such as how to best protect their valuable intellectual property rights as well as how to avoid infringing the rights of others. In the area of trademark protection, we secure U.S. protection/registration of school names and crests/logos (service marks). In addition to protecting the school's name/logo for educational services, we advise and assist schools with expanding trademark protection to various school publications, clothing and other merchandise (trademarks). Federal registration provides important remedies that help protect the school's name and crest/logo from third party misuse and infringement. We also advise schools on copyright matters, including securing copyright ownership and infringement matters. Every day, schools create copyrightable works and use third party protected works. Schools need to know how to secure rights and avoid infringement claims in the copyright area. Learn more about the firm's intellectual property practice group.
Our attorneys counsel several independent schools relating to their governance matters, including updating Bylaws, ensuring compliance with state and federal non-profit regulations and filings, as well as establishing gift acceptance and conflict of interest policies. Our attorneys have served as former board chairs and long-term members of the board of trustees of independent schools and, as a result, have unique insight to the issues and oversight responsibilities of trustees of independent schools. In addition, McLane Middleton attorneys have chaired the search committee for a Head of School, including the creation of the position description, interview and decision making process, as well as the crafting of an employment contract.
For additional information about our Education practice, see the Education industry page.