College, University and School Law
Alan D. Rose, the Managing Partner of the firm, is recognized as one of Boston’s premier lawyers in the field of Education Law by The Best Lawyers in America. In 2013, he was named the Education Lawyer of the Year in Boston by The Best Lawyers in America. He is a member of the National Association of College and University Attorneys, and has been a speaker at its annual conferences in San Antonio in 1995 (tenure litigation), Washington, D.C., in 2000 (student discipline cases), San Diego in 2001 (student discipline), and mid-year conferences in Austin, Texas in 2003 and Phoenix, Arizona in 2005 (ADA claims). He has also appeared on CNN, New England Cable News, and Channel 5 on higher education-related issues. He is a member of the Boston Bar Association College and University Law Section.
Judith R. Sizer, the former Senior Vice President and General Counsel of Brandeis University, joined Rose, Chinitz & Rose in February, 2014. Judy has chaired the Boston Bar Association College and University Law Section, is a member of the National Association of College and University Attorneys, and has spoken on education issues at conferences sponsored by NACUA, Massachusetts Continuing Legal Education, the Boston Bar Association, and the Massachusetts Attorney General’s Conference for Board Members. She has served on the Massachusetts Attorney General’s Advisory Committee on Public Charities and on a BBA Task Force on Chapter 180, the Massachusetts charitable corporations statute.
Rose, Chinitz & Rose represents colleges and universities, as well as independent schools and other academic institutions, in a wide variety of matters including tenure denial and tenure revocation, student discipline and disability, employment law, commercial litigation and defense of governmental investigations and prosecutions. In recent years, we have represented and defended Bentley College, Boston College, Boston University, Brandeis University, Emerson College, Hampshire College, Harvard University, Massachusetts Institute of Technology, New England School of Acupuncture, New York University, Noble and Greenough School, Princeton University, Pine Manor College, Regis College, Rivers School, Tufts University, the University of Pennsylvania, Western New England College and the America East Conference. We have also represented college and university presidents, trustees, deans, provosts, department chairs, tenure committees, and other faculty members in their administrative and academic roles.
With the arrival of Judy Sizer, the firm can offer additional depth and experience in numerous areas, including advice and counsel on Board issues (governance, bylaws, state law compliance), fundraising and development (gift agreements, endowment restrictions, AGO inquiries), legal, compliance and risk management reviews and audits, contract and policy review, training, museum collections and other academic and administrative concerns.
Leigh Campbell, an associate who joined the firm in 2011, has advised colleges on compliance issues, including student handbooks, ADA issues, faculty terminations, FERPA, and litigation avoidance. Brian Lipkin and Vicki Fuller, associates who both joined the firm in 2012, have assisted in connection with litigation involving faculty and staff.
Alan Rose, assisted by his colleagues at our firm, has had the following experiences, among others:
- successfully litigated the leading Massachusetts case on student discipline (Schaer v. Brandeis University, 432 Mass. 474, 735 N.E.2d 373 (2000)) and many other student discipline cases;
- successfully tried, with inside counsel, a leading ADA case involving students with learning disabilities (Guckenberger v. Boston University, 957 F.Supp. 306, 974 F.Supp. 106, 8 F.Supp.2d 82, 8 F.Supp.2d 91 (D.Mass.1997 and 1998))
- successfully litigated a leading case involving academic adjustments for learning disabled students (Wynne v. Tufts University School of Medicine, 932 F.2d 19 (en banc)(1991) and 976 F.2d 791 (1st Cir. 1992))
- successfully represented universities in numerous civil rights and discrimination claims brought by faculty members, students and staff;
- wrote and filed an amicus curiae brief on behalf of fourteen Massachusetts colleges and universities in support of the position of MIT in Shin v. MIT, involving claims against administrators arising from a student suicide;
- wrote and filed an amicus curiae brief on behalf of eleven Massachusetts colleges and universities in support of the position of Tufts University in Roman v. Trustees of Tufts College, 461 Mass. 707, 964 N.E.2d 331 (2012), a leading case involving the applicability of the Massachusetts Civil Rights Act to colleges and universities;
- advised a college on a reduction in force of tenured and non-tenured faculty and staff (with no litigation brought);
- represented a tenure review committee accused of bias in the denial of tenure;
- represented a university in probate court in connection with donor concerns about the university’s handling of its art museum;
- served as the “prosecutor” in tenure revocation proceedings;
- represented a university under investigation for fraud against the United States (no charges were brought)
- advised colleges on the rules and regulations governing the collection of student loans;
- represented universities in commercial, real estate and construction litigation;
- drafted tenure and student discipline guidelines;
- represented universities in response to subpoenas for records by governmental agencies and private parties;
- represented colleges and universities in federal Office for Civil Rights investigations and internal investigations; and
- represented a major university in a federal investigation concerning the use of federal grants.
Judy Sizer’s experiences include, among others:
- advice on Board issues: governance, bylaws, votes and minutes, Chapter 180/180A compliance, conflict of interest policies, trustee liability, executive compensation, advisory boards, signatory authority, Form 990/Form PC;
- advice on fundraising and development issues: gift acceptance policies, gift agreements, donor intent research, AGO inquiries, endowment utilization, tax concerns, trust and estate administration;
- legal, compliance and risk management reviews and audits;
- review, drafting and negotiation of contracts, releases, MOUs;
- drafting assistance on policies: student, academic, staff, business conduct, policy review process;
- internal investigations on student, employment and academic issues;
- training for staff and/or faculty on specific legal topics;
- advice on museum collections: acquisitions, deaccessions, policies;
- advice on accreditation issues; and
- advice on records retention