In-House Legal Counsel
Review
Special Board of Trustees Meeting
February 25, 2016
Linda Sands-Vankerk, Vice President Human Resources
Categories of Legal Costs
•  Business and Financial Affairs - contracts, leases, real estate,
litigation involving breach of contract, general liability claims,
construction matters, etc.
•  Employment & Labor Relations - employment related matters
including lawsuits & charges, discrimination, affirmative action,
benefits, collective bargaining, Illinois Education Labor Relations
matters, etc.
•  Academic & Student Matters (not employee related) - matters such
as student issues, extra curricular activities, athletics, intellectual
property, etc.
•  Compliance - FERPA, FOIA, zoning and law use, tax issues, physical
access requirements under ADA, etc.
•  Corporate Governance - amending board policies, ensuring board
meetings in compliance with applicable statues, drafting board
resolutions, providing confidential counsel when requested by the
president, board chair and other college leaders, etc.
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Two Primary Roles
What is the role of In-House Counsel?
•  Day to day management of institutional legal issues:
policy/procedure review, employee/labor relations, financial
matters, government relations, contracts, risk management,
municipality relations, student affairs, regulatory compliance,
campus security, athletics, intellectual property, crisis
management, board governance, etc.
•  Formal Dispute Resolution - litigation, arbitration, mediation,
administrative hearings, etc.
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In-House Counsel
Pros / Cons
Pros
•  Availability on campus
•  Cost Savings - depending on
number of in-house counsel staff
and continued usage of outside
counsel.
•  Deeper knowledge about the
institution and its priorities.
•  Institutional memory and
understanding of internal culture,
history, etc.
•  Gatekeeper to manage outside
counsel, ensure appropriateness of
bills, etc.
•  Prepayment - costs of employee
compensation incorporated into
institutional budget and fixed in
advance.
Cons
•  Capacity depending on volume of
issues.
•  General vs. specialized experience
resulting in continued use of outside
counsel.
•  Increased Costs - will still need to
utilize outside counsel, i.e. litigation.
•  Cross Institutional experience and
familiarity with higher education legal
issues; outside counsel has multiple
college clients which may enhance
the services provided to COD.
•  Potential inefficiencies created by
adding a layer between college
officials and outside legal counsel.
Source: White, Laurence (2008) Managing Your Campus Legal Needs: An Essential Guide to Selecting Counsel, National Association of College and University
Attorneys
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In House Counsel Salary
Responsible for managing the institution’s legal affairs, including advising on legal rights, obligations and
related matters. Typically provides legal advice to the corporate board and President/Chancellor, manages
matters in litigation, and supervises both inside and outside counsel. Often serves as liaison to regulatory and
legislative bodies, courts and attorneys general. Responsibilities typically include investments, accounting
and budgets.
Median Salary Data Public Ins&tu&ons Public Ins+tu+ons Expense Quar+le ($154.7M-­‐$436.9M) Enrollment (FTE) Quar+le (8,060-­‐17,858) Median 176,605 158,225 156,613 Percen&le Data 20th Percen+le 40th Percen+le 60th Percen+le 80th Percen+le All Ins+tu+ons 142,414 171,970 207,189 258,655 Public Ins+tu+ons 135,620 162,177 194,255 241,180 Source: Administrators in Higher Education Salary Survey, developed by the College and University Professional Association for Human Resources (CUPA-HR). 2015 data drawn from 1227
countrywide colleges and universities that participated in the survey.
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Illinois Higher Education Institutions
with In-House Counsel
Name
Enrollment
(headcount)
Reporting
Relationship
Client
Northern Illinois
University
20,130
President and
Board of Trustees
Northern Illinois
University
31,961
President
Southern Illinois
University
80,292
President and
Board of Trustees
Ultimate duty is to
represent the interests
of the institution
5,200
President
Chicago State
University
1 major campus; 4 regional
campuses
Southern Illinois
University
2 major campuses; 4 regional
campuses
University of Illinois
3 main campuses; 3 regional
campuses
Chicago State University
1 main campus
Note: In-House Counsel does not provide legal guidance or representation to employees who have claims adverse to the University nor for individual legal issues
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Illinois Community College
In-House Counsel Survey
Community Colleges ICCB Peer Group 7 Ins&tu&on Enrollment (headcount) Response College of DuPage 28,678 Outside Firm Harper College 14,275 Outside Firm Joliet Junior College 14,944 Outside Firm College of Lake County 14,964 Outside Firm* Moraine Valley Community College 15,016 Outside Firm* Oakton Community College 9,864 Outside Firm Triton College 11,684 Outside Firm Source: Illinois Community College Student Services Officers (ICCCSSO) informal survey.
*Source: Board Policy
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Community Colleges
with In-House Counsel
Name
Enrollment Reporting
(headcount) Relationship
Client
105,000
Chancellor and
Board
Maricopa
Community
College District
12,733
Senior V P
Operations
Institution,
President and
Board of Trustees
58,276
Chancellor
Houston
Community
College System
Cuyahoga Community College
(OH) Four campuses
27,084
President and
Board
Cuyahoga
Community
College
Pima Community College (AZ)
28,070
Chancellor
Pima Community
College
Maricopa Community College (AZ)
Nine individual community colleges
Erie Community College (NY)
Part of the State University of New York
(SUNY) system comprised of three campuses
Houston Community College (TX)
Six campuses and 16 additional centers and
sites
Six campuses and two centers
Enrollment Source: Integrated Postsecondary Education Data System (IPEDS)
Note: In-House Counsel does not provide legal guidance or representation to employees who have claims adverse to the University nor for individual legal issues
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Reference List
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Northern Illinois University. Retrieved from: http://www.niu.edu/generalcounsel/
Southern Illinois University. Retrieved from: http://siusystem.edu/general-counsel/index.shtml
University of Illinois. Retrieved from: http://www.legal.uillinois.edu/
Chicago State University. Retrieved from: https://www.csu.edu/legalcounsel/
Maricopa Community College. Retrieved from: https://legal.maricopa.edu/
Erie Community College. Retrieved from: http://catalog.ecc.edu/content.php?catoid=6&navoid=188#Legal_Affairs
Houston Community College. Retrieved from: http://www.hccs.edu/district/about-us/general-counsel/
Cuyahoga Community College. Retrieved from: http://www.tri-c.edu/administrative-departments/office-of-legalservices/index.html
Pima Community College. Retrieved from: https://pima.edu/administrative-services/general-counsel/index.html
Enrollment Sources: Integrated Postsecondary Education Data System (IPEDS)
Illinois Community College Student Services Officers (ICCCSSO) Informal Survey
College of Lake County and Moraine Valley Community Colleges Board Policies
Administrators in Higher Education Salary Survey, developed by the College and University Professional Association for
Human Resources (CUPA-HR).
White, Laurence (2008) Managing Your Campus Legal Needs: An Essential Guide to Selecting Counsel, National
Attorneys
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Association of College and University