Education
Fisher has dealt extensively with problems arising from governance and work relations in the educational sector. As Dean of the University of Connecticut School of Law he dealt with shared governance issues on a weekly basis. As a member of the university’s Council of Deans he participated in decision-making around academic management and curriculum, as well as cross-university relations.
Fisher is also familiar with the human resources operations of the educational sector. Those have included internal investigations (in one case, leading the search committee for selection of outside counsel), tenure revocation, and restructuring of unionized staff. He has also dealt with student conduct issues, both in relation to Title IX and academic misconduct. He has also counseled leaders of other schools and universities on managing institutional challenges.
The higher education sector in particular has a unique and complex culture. Relationships between central authority and teachers are dynamic and sometimes shifting. External stakeholders have expectations often in tension with the different missions of the academy. Disputes in these settings can be needlessly costly in management and reputational resources, and require recognition of constraints on opposing parties that can take precious time. Mediation in this sector offer excellent risk management tools.
Disputes in higher education arise in a multiplicity of settings: Title IX; NIL; denial of tenure and termination; academic and research misconduct; IRB and human subjects research; anti-trust; donor expectations; student discipline; external partnerships; and real estate. In such matters a mediated outcome will most often provide benefits beyond what even a court victory could accomplish.
Student conduct can be a very different source of stress for educational institutions. These can be grounded in political, racial, or religious affiliations, or simply local tradition. In all instances wise and principled management of student concerns can minimize reputational and legal risk. First Amendment principles are not always well understood, and vary between public and private institutions. Leaders are well advised to walk through scenarios with governing boards in calm times to be prepared for quick action when needed.
Fisher’s work in the educational sector is also informed by his experience in board governance. Throughout his career Fisher has served on and led nonprofit boards in multiple sectors of philanthropy, public affairs and human service. In several of those he served as President, and in others he led major strategic planning efforts. His leadership efforts have included reforming governance structures and building board hygiene arrangements to improve oversight and decision-making.
Another major responsibility of educational leadership relates to relations between boards and their superintendents, presidents or executive directors. Skilled leadership is required around selection and review of incumbent executives and major organizational change, as well as on-going management of organizational functions.
All of these areas can disrupt an educational institution, and in their worst case, open disputes. Schools thrive from a sound and supportive infrastructure, including their governance infrastructure. A skilled external counselor/mediator can help manage those challenges while helping the institution’s mission maintain forward momentum.