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Scott Goldschmidt

Partner

Washington, D.C.
202 585 6963 202 585 6963 direct


A former deputy general counsel for a private university, Scott understands the unique challenges that our higher education clients face and how to best help them achieve their goals.

Drawing on his experience in a university general counsel's office, Scott brings a practical, ‘in-house' perspective to the complex legal, regulatory, and compliance issues of our clients. He knows that each institution has its own priorities, goals, and challenges, and that legal advice must be tailored to fit the culture and business model of the school.

Scott is well-versed in navigating all types of day-to-day and long term legal demands facing colleges and universities, but has particular experience in the areas of discrimination law, student affairs, contract drafting and review, policy development, and implementing controls to mitigate risk. He also handles a wide variety of regulatory and transactional work for institutions of higher education.

Scott has been an active member of the National Association of College and University Attorneys since 2012 and has served on a variety of association committees. While in law school, Scott was a law clerk in the Department of Education's Office of the General Counsel.

Representative Experience

Represented institutions in investigations conducted by the U.S. Department of Education regarding Title IX, ADA/Section 504 compliance, allegations of discrimination, and federal financial aid compliance.

Counseled institutions, higher education companies, and prospective institutions on federal financial aid compliance, accreditation standards, and state authorization requirements.

Led investigations of staff and faculty regarding alleged misconduct and advised on employee conduct proceedings.

Counseled institutions on compliance with federal regulations, including Title IX, ADA/Section 504, FERPA, the Clery Act.

Advised institutions with respect to mergers, sales, and acquisitions before the U.S. Department of Education, accrediting agencies, and state licensing agencies.

Drafted and revised institutional policies and faculty and student handbooks.

Designed and delivered compliance training on Title IX, ADA/Section 504, FERPA, and the Clery Act.

Assisted in the creation of institution-wide compliance programs and initiatives.

Advised institutions in audits and reviews conducted by the U.S. Department of Veteran's Affairs.

Counseled institution on summer camps risks and the creation of protection of minors policy and procedures.

Blogs

ED's latest BDR guidance, and why institutions should always respond to claims

Joint letter from DOJ and ED signals increased scrutiny of online accessibility for institutions of higher education

Time to develop protocols for responding to borrower defense claims (despite Sweet and Fifth Circuit injunction)

90/10 rule compliance strategies and considerations for proprietary institutions of higher education

ED further delays third-party servicer guidance, clarifies significant policies

FSA issues GLBA Safeguards Rule guidance

ED issues significant third-party servicer guidance and launches review of Incentive Compensation Rule

Title IX update: Important new ED guidance concerning pregnancy

Consumer Financial Protection Bureau tells institutional lenders to cease withholding transcripts

U.S. Department of Education unveils proposed revisions to Title IX regulations

TCLEs

Responding to Student Borrower Defense to Repayment (BDR) Claims: 2023 Edition

A review of ED’s new third-party servicer guidance and suggestions for public comment

ED’s New Title IX Rule: A Careful Review and Suggestions for Public Comment

ED’s Increased Scrutiny of College Contracts with Online Program Managers

Best Practices and Risk Considerations Relating to Summer Camps on Campus

The Regulatory Outlook for Higher Education

Title IX Module 6: Title IX Appeals

Title IX Module 5: Title IX Determinations

Title IX Module 4: Title IX Hearings

Title IX Module 3: Title IX Investigations & Informal Resolutions

Title IX Module 2: Formal Complaints of Title IX Sexual Harassment

Title IX Module 1: An Introduction to Managing Title IX Sexual Harassment on Campus

USED’s New Title IX Rule: A Detailed Examination

The CARES Act for Higher Education: Strategy and Implementation

Publications

Co-Author, “All Speech Considered: Expressive Activity in a Virtual World,”
NACUA Spring CLE 2021

Co-author, "Managing Camp Liability,"
NACUANOTE 2017

Presentations

"Hot Topics in FERPA,"
SUNY Online Summit, March 2023

“All Speech Considered: Expressive Activity in a Virtual World,”
NACUA Spring CLE 2021

"Policy Management: The Most Important Things You Are Not Doing,"
NACUA Annual Conference, 2018

"Hello Muddah, Hello Faddah, Hello Lawyah? Managing Camp Risks and Liability,"
NACUA Webinar, 2017