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Navigating Regulatory Changes in Higher Education: Insights from Legal Experts

Eileen Goldgeier, former General Counsel of Brown University, has detailed her experiences in higher education law during a period characterized by significant regulatory evolution. In her reflections, Goldgeier outlines how the changing legal landscape has influenced the responsibilities of university legal teams since the start of her career in the 1990s.

Early Career and Regulatory Changes

Goldgeier commenced her tenure at a time when new regulations concerning environmental protection and sexual assault prevention imposed substantial legal obligations on universities. The regulatory environment has since transformed, presenting contemporary challenges such as the implementation of COVID-19 protocols, management of name, image, and likeness (NIL) agreements for student-athletes, and the ramifications of evolving affirmative action policies.

Responsibilities of University Legal Counsel

She highlights the extensive range of duties undertaken by university legal counsel, which includes not only offering legal advice but also assisting university leadership and educating the campus community about legal rights and responsibilities. Goldgeier asserts that the office of general counsel is essential in cultivating an atmosphere of trust and collaboration within the university administration.

Educational Background and Career Path

Recently retired, Goldgeier holds an undergraduate degree from Brown University and a Juris Doctor from Emory University. She began her career at Johns Hopkins University, later serving at the University of North Carolina at Wilmington and North Carolina State University before returning to her alma mater.

Insights from a Career in Higher Education Law

In a detailed interview with *The Regulatory Review*, Goldgeier explored several key aspects of her career:

Role of the General Counsel

Goldgeier characterized the position as the chief legal officer responsible for managing legal staff, advising senior university officials, and ensuring adherence to changing laws and regulations.

Entering Higher Education Law

She reflected on her early career, indicating that she initially underestimated the complexity of higher education law at a time of increased federal grant compliance scrutiny.

Current Regulatory Challenges

Goldgeier identified pressing issues within higher education today, including sexual harassment, ethical research compliance, foreign influence, and endowment spending.

Student-Athletes and NIL Deals

Goldgeier discussed the dynamic legal landscape surrounding NIL agreements for student-athletes, highlighting ongoing court decisions that redefine compensation standards and the regulatory frameworks developing at both state and federal levels.

Potential Impact of Supreme Court Rulings

The recent Supreme Court ruling in *Students for Fair Admissions v. Harvard*, which scrutinized race-conscious admissions practices, has led universities to reassess their policies and communication strategies regarding legal resources and training about rights.

Reflections on a Rewarding Career

Goldgeier expressed that the most rewarding part of her role has been the opportunity to advance the mission of higher education, underscoring the critical function of general counsel in upholding institutional standards of excellence. As she transitions into retirement, she anticipates engaging in volunteer efforts and remaining involved with issues related to higher education and sports law.

(Source: The Regulatory Review)

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