Catherine Guttman-McCabe is a Partner with more than twenty years of experience in employment and education law.  Her unique practice focuses on educational institutions, including colleges and universities, public and independent schools, associations, courseware developers, and service providers.  In addition to employment matters, she provides advice and counseling related to federal and state education regulations, accreditation, distance education, governance, faculty tenure, student discipline, equal educational opportunity, campus security, privacy, student financial assistance, and consumer protection.  She has a deep understanding of Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Family Educational Rights and Privacy Act, the Jeanne Clery Act, the Higher Education Act, and other federal, state and local statues concerning education.

Ms. Guttman-McCabe regularly advises organizations on personnel policies and practices, employee handbooks, compensation, worker classification, leave issues, background checks, performance management, employment agreements, equal employment opportunity, internal investigations, termination of employment, dispute resolution, and training.  She helps clients comply with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, and other federal, state and local statutes concerning employment.

In addition to providing advice and counseling, Ms. Guttman-McCabe conducts internal investigations, compliance reviews, and training.  She represents clients before administrative agencies, such as the Equal Employment Opportunity Commission, the District of Columbia Office of Human Rights, and the Office for Civil Rights of the Department of Education.  She has authored public comments for state and federal agency rulemaking proceedings and represented clients in federal audits and reviews of educational institutions.

Representative Experience

  • Conduct internal investigations on behalf of universities, including related to sexual assault, sexual harassment, discrimination, athletics, and financial mismanagement;
  • Conduct policy reviews and audits;
  • Serve as outside general and/or employment counsel;
  • Advise on governance matters;
  • Prepare applications for state licensure, accreditation, and Title IV eligibility;
  • Develop 50-state surveys of regulations;
  • Prepare executive employment agreements for organizations;
  • Draft and negotiate contracts between educational institutions and service providers;
  • Prepare voluntary faculty retirement incentive programs;
  • Represent clients in administrative proceedings, including negotiated rulemaking and administrative charges;
  • Advised institutions regarding program reviews by the U.S. Department of Education;
  • Provided counsel regarding Congressional inquiries into higher education.

Publications and Speeches

  • “Understanding and Addressing Implicit Bias," Potomac Law Group Webinar (September 2020).
  • “COVID-19 Webinar: What Executive Leadership and HR Professionals Need to Know,” Potomac Law Group Webinar (April 2020).
  • “COVID-19: Your Camp's Legal Questions Answered,” American Camp Association, Webinar Series (March and April 2020).
  • “Going the Distance on State Authorization,” National Association of College and University Attorneys, Annual Conference (June 2015).
  • “Pregnancy Accommodation and Discrimination,” National Association of College and University Attorneys, CLE Workshop (March 2015).
  • “Title IX Training:  The ‘Must Attend’ Event of the Year,” National Association of College and University Attorneys, CLE Workshop (Feb. 2012).
  • The General Counsel Forum, WMACCA June Signature Program (June 2010).
  • “USA Patriot Act One Year Later:  Issues and Implications,” The University of Vermont’s Legal Issues in Higher Education, 12th Annual Conference (Oct. 6-8, 2002).
  • “Acquaintance Rape and Dating Violence,” The University of Vermont’s Legal Issues in Higher Education 12th Annual Conference (Oct. 6-8, 2002).
  • “Exploring the Requirements of the USA Patriot Act,” College and University Personnel Association National Seminar 2002 (Mar. 6-9, 2002).
  • “Finding the Weakest Link:  Conducting an Employment Audit,” Hogan & Hartson LLP’s Managing the Workplace in 2002 and Beyond (Mar. 6, 2002).
  • “Sexual Harassment by Supervisors or Co-Workers:  Reducing the Risk of Employer Liability.”  Hogan & Hartson LLP’s Guide to Workplace Issues in the New Economy (Sept. 27, 2000).

Publications

  • “Time for an Audit of Your ‘Minors on Campus’ Policy? Checklist for Three Major Risk Categories,” with Isaac Mamaysky, University Business (March 12, 2020).
  • “Emerging Legal Issue: Sexual Misconduct in Elementary and Secondary Schools,” Inside the Minds: Emerging Issues in K-12 Campus Security 109 (2015).
  • “Department of Education Issues VAWA Regulations,” Potomac Law Group Client Bulletin (October 2014).
  • “Recent Developments in Non-Discrimination Law,” Potomac Law Group Client Bulletin (July 2014).
  • “Freeh Advice:  Compliance Considerations for Colleges and Universities Following Sandusky,” with Wendy Fischman, Clearspire Law Co. Education Advisory (July 2012).
  • “Detecting and Preventing Fraud Rings,” Clearspire Law Co. Education Advisory (Oct. 2011).
  • “Preserving Integrity and Managing Risk,” Clearspire Law Co. Education Advisory (Aug. 2011).
  • Quoted in “Before You Jump, Let’s Talk” by Sarah Abruzzese, The Washington Post (Dec. 26, 2004) (regarding exit interviews).
  • “Walking the Tightrope:  Balancing Rising Costs of Retiree Health Insurance and the ADEA,” Employment Practices Solutions EmploymentSource Newsletter (Mar. 2004).
  • “Acquaintance Rape and Dating Violence:  Select Legal Issues.” The University of Vermont Legal Issues in Higher Education Conference Resource Manual (Oct. 2002).
  • “Recent Developments Regarding Arbitration of Employment Disputes and Disciplinary Meetings with Employees,” with Paul C. Skelly.  Hogan & Hartson L.L.P.  Labor and Employment Focus on Employment (Feb. 2002).
  • “Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act,” with William P. Flanagan, Hogan & Hartson L.L.P. Labor and Employment Update (May 1999).
  • Listen to the Children:  The Decision to Transfer Juveniles to Adult Court, 30 Harv. C.R.- C.L. L. Rev. 507 (1995).

Civic Involvement

  • Arena Stage, Vice-Chair of Board of Trustees
  • 110 Foundation, Past Board Member
  • Arlington County Superintendent’s Advisory Committee on Technology, Past Member

Memberships and Affiliations

  • National Association of College and University Attorneys, Member

Education

Harvard Law School, J.D.

  • cum laude
  • Civil Right-Civil Liberties Law Review, Lead Executive Editor

Swarthmore College, B.A.

  • With Distinction in Political Science
  • Phi Beta Kappa

Previous Experience

  • Strayer University, Senior Vice President, General Counsel, and Secretary to the Board of Trustees
  • Georgetown University, Associate General Counsel
  • Hogan & Hartson

Admissions

  • District of Columbia
  • Maryland

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