Education

Miles & Stockbridge serves as a third-party investigator at a private university, assisting with investigating multiple student, faculty and staff complaints. The firm has performed investigations on a diverse array of issues, including, religious, national origin and gender discrimination, sexual harassment, hostile work environment and retaliation. The team interviews witnesses, drafts reports, develops recommendations and works closely with university leaders. 

Miles & Stockbridge provides employment law advice on an ongoing basis on an array of matters of importance to numerous colleges and universities, working closely with the General Counsel and other senior leaders. We advise them in employment law, faculty matters, sensitive employment issues, student issues, internal investigations, and numerous other areas. 

We serve as outside general counsel to several independent schools. We provide ongoing legal advice to the schools on employment law, faculty issues and faculty contracts, student conduct issues, enrollment agreements and other contract matters, school policies, and numerous other areas.

An independent school received a report from a former student that the student was a survivor of sexual misconduct from a school employee during the 1970s. The school undertook an investigation into possible past sexual misconduct. We advised the school through the investigation process, including communications with the school community, selection of an investigator and definition of the scope of the investigation, reporting allegations of abuse to the appropriate authorities and addressing potential disciplinary issues. We oversaw a team involving an outside investigator, communications firm and school administration. 

Miles & Stockbridge successfully represented a university research center in two cases, one for race discrimination and retaliation, and the second for gender discrimination and retaliation. These cases are of significant importance to the client because they were both brought by the same lawyer, who filed three prior lawsuits against our client and threatened several more. This attorney became a favored attorney for individuals at the center, and was very aggressive in pursuing claims and making very high settlement demands. It was very important to the client to defend against these claims aggressively, because the client did not want to be seen as an easy target for this attorney. 

Miles & Stockbridge successfully settled joint EEOC/OFCCP prosecution of class claims alleging retaliation. OFCCP began in 2011 with a five-member class. In 2013, the EEOC joined and tried to further expand the class and engaged in systemic discovery. We fought back and resisted attempts to expand the class or re-open closed charges. We ultimately settled for far less than demanded, and for only two class members. We are not aware of any other situation in the country where OFCCP and EEOC have gone after the same target, and in fact, it was in violation of a Memorandum of Understanding between the two agencies to so do.

Our client received an anonymous complaint alleging that a high-level employee had been engaging in various forms of sex discrimination for many years. Miles & Stockbridge was retained to conduct an investigation into the allegations. Because the complaint came at a time in which the #MeToo movement was in full bloom, the client was extremely sensitive to the nature of the allegations and ensuring that it was properly investigated and addressed any possible misconduct.

Another client received a complaint from one of its employees and a virtually simultaneous anonymous complaint alleging that a high-level employee had engaged in sexual harassment of his subordinates. Miles & Stockbridge was retained to investigate the allegations and advise on the next steps. During the investigation, the respondent made his own allegations of financial misconduct at the company that we also addressed. 

A university received an anonymous complaint against two high-level staff members, alleging that they were engaging in discrimination, harassment and bullying. We conducted an investigation of the claims in conjunction with the university’s Office of Equity and Compliance. The investigation lasted for several weeks and included interviews of close to 20 individuals. 

Performed an Office of Federal Contract Compliance Programs (OFCCP) audit for a research university in a case involving a government contractor that alleged race discrimination. We were able to successfully reduce and resolve the case. 

Steve represented an employer in the defense of discrimination and other claims by a physician who had failed to meet the employer’s requirement of becoming board certified in his area of specialty within the requisite time period. After failing the board certification examination, the physician claimed that he had a disability that the employer had failed to adequately accommodate. Despite being provided with various accommodations, the physician was again unsuccessful on the examination and his contract expired. Steve represented the employer in an intensive investigation by a government agency of the physician’s complaints of discrimination and retaliation. The agency ruled against the physician on each of his claims.  When the physician then filed suit in state court, Steve led the defense of the litigation and was able to accomplish a resolution on terms favorable to the employer.

Advised team of academic researchers and professors on filing public comments in support of the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards (MATS).