The Federal Trade Commission (“FTC”) considers institutions of higher education (“IHE”) participating in federal financial aid programs authorized under the Higher Education Act, as amended, to be covered financial institutions under the Gramm-Leach Bliley Act. The FTC’s oversight activities are carried out in accordance with the Safeguards Rule (“Rule”). 1...Read More
Brandon applies his experience at the U.S. Department of Education to help clients resolve complex regulatory and enforcement challenges. His practice focuses on advising institutions of higher education, accrediting agencies, and educate investors on the rules and procedures related to federal student aid programs, cybersecurity and data privacy, anti-discrimination laws, advertising and marketing practices, and accreditation
Prior to joining the Education Group at Maynard, Brandon served as Senior Counsel to the U.S. Deputy Secretary of Education, where he advised the Deputy Secretary and other senior Department officials in making informed decisions on various plans and goals concerning higher education policies, regulations, and legislation and other related proposals critical to the Secretary and the Deputy Secretary. In that position, he served as the primary adviser to the Secretary on appeals of the Office of Hearings and Appeals decisions and appeals of the Senior Department Official decisions regarding the recognition of accrediting agencies. In addition, he coordinated the development of the Campus Cybersecurity Program and advised senior staff on cybersecurity legal and policy considerations.
Brandon also served as Senior Counsel in the Department's Office for Civil Rights, where his responsibilities included advising the Assistant Secretary on drafting Title IX regulations and revising OCR investigation process and procedures. He previously was in private practice in Washington, DC, specializing in higher education matters.
Brandon received his J.D. from Michigan State University College of Law and holds a Bachelor of Arts, cum laude, in Political Science from York College.
- Advising school owners and investors regarding the regulatory aspects of education investments, mergers, and acquisitions.
- Drafting comments regarding the U.S. Department of Education’s proposed regulations regarding Gainful Employment and Borrower Defense to Repayment
- Reviewing and developing accrediting agency standards, policies, and procedures
- Assisting in preparing and filing applications for state authorization and accreditation
- Authoring the U.S. Department of Education’s plan for enforcing campus cybersecurity requirements
- Prepared a report on an institution's compliance with the FTC's prohibition on unfair and deceptive marketing practices.
- Defended institutions undergoing investigations by the U.S. Department of Education Office for Civil Rights related to allegations of discrimination under Title IX and Section 504
- Counseled accreditation agencies on U.S. Department of Education recognition proceedings
Brandon's Affiliations and Civic Involvement
- Career Education Colleges and Universities (CECU) Federal Regulatory Affairs Committee
- Board of Directors, Michigan State University College of Law Alumni Association
Brandon's Speaking Engagements
- Presentation: State of Disruption: A Discussion with Experts in Industries Dealing with Significant Change, Association of Insolvency and Restructuring Advisors “AIRA” Annual Conference. (June 2022)
- Presentation: Campus Cybersecurity---The Path Forward, FAME 2022 Financial Aid & School Management Conference (May 2022)
- Presentation: FTC’s Prohibition on Unfair and Deceptive Marketing Practices: What You Need to Know (April 2022)
- Presentation: Campus Cybersecurity and Data Privacy- The Path Forward, ABHES Annual Conference (March 2022)
- Webinar: Revised GLBA Safeguards Rule, MAACS (February 2022)
- Presentation: Cybersecurity and Privacy in Education: Guidelines for Managing and Protecting Data, ACCET Annual Conference (November 2021)
- Presentation: Title IX Framework- What You Need To Know, DEAC Fall Workshop (October 2021)
- Presentation: Cybersecurity and Privacy in Education: Guidelines for Management for Managing and Protecting Data, CAPPS Annual Conference (October 2021)
- Presentation: Campus Cybersecurity—A Practical Approach to Implementation, CSPEN Annual Conference (August 2021)
- Presentation: Cybersecurity & Data Protection Issues, FAPSC Annual Conference (August 2021)
- Podcast: Cybersecurity in Higher Ed, Data Crunch Podcast (July 2021)
- Presentation: Cybersecurity and Data Protection Issues, Mid-Atlantic Association of Career Schools Annual Conference (July 2021)
- Webinar: Campus Cybersecurity – The Path Forward, Career Education Colleges and Universities (March 2021)
- Presentation: Brave New (Socially Distanced) World: Privacy and Data Security Challenges for Distance, CAPPS Annual Conference (November 2020)
- Presentation: Campus Cybersecurity: A Department Priority, CSPEN Annual Conference (October 2020)
- Webinar: Campus Cybersecurity: A Department Priority, CSPEN Virtual Conference (August 2020)
- Webinar: Campus Cybersecurity: A Department Priority, American Association of Cosmetology Schools, Compliance Webinar Series (July 2020)
- Presentation: Washington Update: Is Your School Doing Enough to Protect Student Data?, CECU Convention (June 2020)
- Presentation: Office for Civil Rights Update, U.S. Department of Education Rural Stakeholder Initiative (September 26, 2018)
- Presentation: Getting all your Docs in a Row: Clery/Title IX Compliance for Institutions of All Sizes, California Association of Private Postsecondary Schools Annual Conference (October 2017)
- Presentation: OCR Update, 2017 HBCU-LEEA Training Conference (July 2017)
- Closing Remarks: White House Initiative on Educational Excellence for African American Summit on Supporting African American Youth with Disabilities (July 2017)
- Discussion: Uncertain and Unplanned: The Future of Higher Education, Distance Education Accrediting Commission Annual Conference (April 2017)
- Presentation: New Developments in Federal Policy - and what about HEA Reauthorization, Distance Education Accrediting Commission Annual Conference (April 2016)
- Webinar: Call to Arms: Department of Defense Suspensions and Related Actions, Career Education Colleges and Universities (March 2016)
- Presentation: DEAC Degree Comparability Study, Distance Education Accrediting Commission Annual Conference (April 2015)
State Bar: Maryland, Washington, D.C.
U.S. District Court: District of Columbia
The U.S. Department of Education (“Department”) announced new guidance to assist institutions of higher education with the use of their Higher Education Emergency Relief Fund (“HEERF”) grants. These HEERF funds were authorized by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in April 2020 (“HEERF I”); the Coronavirus...Read More
Yesterday, the Centers for Disease Control and Prevention (“CDC”) issued updated interim guidance regarding testing and screening for the COVID-19 virus. The update provides new information specifically directed to college and university administrators. Topics include pre-opening and periodic testing, isolation and quarantine protocols when infection is detected, and suggestions for...Read More