Kate L. Nash

Attorney At Law / Shareholder

Kate L. Nash practices primarily in the areas of higher education, education, non-profit, litigation, labor and employment law. Kate works primarily with educational institutions, including public and private colleges and universities, community colleges, public school districts and charter schools. She regularly advises these institutions, as well as private employers, on all manner of employment issues including Title VII, the ADA, the ADEA, the FMLA and related state laws. She advises institutions of higher education on a wide range of legal issues, including employment matters, student rights, harassment and discrimination disputes, tenure litigation, first amendment issues, Title IX compliance and litigation, disability law, Title IV funding, board governance, endowment matters and numerous other legal issues impacting the higher education community. Kate also acts as outside general counsel to numerous institutions, advising them on a myriad of day-to-day legal issues. Kate has extensive experience on matters related to Title IX, VAWA, the Clery Act and Title IV regulations.

Kate also has extensive experience advising private employers, including multi-jurisdictional employers, on other employment-related issues, including reorganizations and reductions-in-force. She works with employers throughout the process – including design, communications to employees, and timing – in ways meant to reduce risk and treat employees fairly.

In addition, Kate maintains an active investigations practice, both conducting and directing investigations at educational institutions and other workplaces involving sensitive matters such as high-level personnel issues.

Kate represents educational institutions and other employers in state and federal court in Missouri and Illinois. She represents clients in front of administrative agencies, such as the Equal Employment Opportunity Commission, the Missouri Human Rights Commission the Illinois Department of Human Rights, the Department of Education’s Office for Civil Rights, and the Office of Federal Contract Compliance Programs.

Kate is a frequent lecturer and author on employment law and legal issues related to educational institutions. She is a member of the National Association of College and University Attorneys (NACUA), the Council of School Attorneys (COSA), and has been recognized by Super Lawyers in the field of education law. Kate was an adjunct professor at St. Louis University School of Law for many years where she taught a course on the law of non-profit organizations.

Kate is a member of the Firm’s Management Committee.

Education

J.D., Washington University School of Law

•  Articles and Notes Editor, Journal of Law and Policy
•  Receipt of Jack Gardner Humanitarian Award

B.A., Cornell University, 1999

Professional Affiliations

• The Missouri Bar Association
• The Illinois Bar Association
• National Association of College and University Attorneys
• National School Boards Association, Council of School Attorneys
• Missouri School Boards Association, Council of School Attorneys

Selected Presentations

• “Managing Faculty Misconduct: When Good Educators Do Bad Things,” NACUA (National Association of College and University Attorneys) Spring CLE Workshop, 2022.
• “Artificial Intelligence & Talent Management in the Workplace,” Moderator, Opening Session of 2022 ELA Global Conference.
• “Back to Campus – Back to Title IX: Confronting the Challenges of the 2020 Regulations,” Employment Law Alliance Webinar, 2021.
• “Beyond Students: Strategies for Managing Faculty & Staff Mental Health Issues, Moderator, Employment Law Alliance Webinar, 2021.
• “Legal Update,” MCCA (Missouri Community College Association) Chief Student Affairs Officers, 2021.
• “Implementing New Title IX Regulations on Community College Campuses,” MCCA Webinar, 2020.
• “Who Dunnit? How to Guide Internal Investigations,” Association of Corporate Counsel – St. Louis Chapter, 2018.
• “#MeToo: A Year Later – Legal Analysis & Lessons Learned,” In-House Counsel, 2018.
• “Knowledge is Power: Key Legal Concepts for Serving Your Community,” Key Note Speaker at 2018 Show Me Title IX Conference.
• “Higher Education Law 101: Legal Issues for Student Services Professionals,” MCCA Student Affairs Forum, 2018.
• “Campus Sexual Assault Update,” Employment Law Alliance Webinar.
• “Speech on Campus,” MCCA Chief Student Affairs Officers, 2017.
• “From Black Armbands to Red Ball Caps: Navigating Student Speech in Politically Charged Times,” NSBA (National School Boards Association) Council of School Attorneys, School Law Practice Seminar, 2017
• “Termination of Tenured Faculty for Cause: Obligations and Risks,” NACUA Annual Conference, 2017.
• “Hot Legal Topics in Higher Education – What HR Professionals Need to Know,” Missouri College & University Professional Association – HR Fall Conference, Presenter in 2021, 2019, 2018, 2017, 2016, 2015 and 2014.
• “Legal Issues for Trustees,” and “Legal Update for Community Colleges,” MCCA Fiftieth Convention, 2016.
• “Presidential Politics in the School House,” MSBA (Missouri School Boards’ Association) Annual Conference, 2016.
• “Sexual Harassment in the Workplace: the Do’s, Don’ts, and Defenses of Handling Sexual Harassment Claims,” NSBA Council of School Attorneys’ School Law Practice Seminar, 2015.
• “Do’s and Don’ts of Employee Termination in Non-Profit Organizations,” University of Missouri – St. Louis Nonprofit Leadership and Management Program, 2014 and 2013.
• “Legal Issues: The Violence and Against Women Act and What it Means for Community Colleges,” and “Legal Issues: Sexual Violence on Campus – What’s Next?” MCCA Fiftieth Convention, 2014.
• “What Every School Attorney Should Know About the First Amendment: A PG-13 Review of Hot Topics in Employee Online Speech,” NSBA Council of School Attorneys’ School Law Practice Seminar, 2014.
• “Student-Centered: Legal Issues for Community Colleges,” MCCA Spring Trustee Conference, 2014.
• “Employment Issues in Higher Education,” Guest Lecturer, Lindenwood University, 2014 and 2013.
• “Perils and Pitfalls of Electronic Media in the Workplace: Best Practices to Reduce Liability for Your District,” MoASBO Spring Conference, 2014.

Selected Publications

• Co-Author of Article, “Managing Faculty Misconduct: When Good Educators Do Bad Things,” Submitted for the NACUA Spring CLE Workshop, 2022.
• Co-Author of Article, “Termination of Tenured Faculty for Cause: Obligations and Risks,” submitted for the NACUA Annual Conference, 2017.
• Co-Author of Article, “Sexual Harassment in the Workplace: the Do’s, Don’ts, and Defenses of Handling Sexual Harassment Claims,” submitted for the NSBA Council of School Attorneys’ 2015 School Law Practice Seminar, October 2015.
• Co-Author of Article, “What Every School Attorney Should Know About the First Amendment: A PG-13 Review of Hot Topics in Employee Online Speech,” submitted for the NSBA (National School Boards’ Association) Council of School Attorneys’ 2014 School Law Practice Seminar, October 2014.
• Author of the Equal Pay Act Chapter of the Missouri Bar Association CLE Employment Discrimination Deskbook
• Contributing Author, Cumulative Supplements to the American Bar Association’s Family and Medical Leave Act Treatise in 2009 and 2017.
• Contributing Author, “ABA Section of Labor and Employment Law Committee on Federal Labor Standards Legislation” for the Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act in 2007, 2008 and 2009
• Contributing Author, to the “ABA Section of Labor and Employment Law Committee on Federal Labor Standards Legislation” for the Midwinter Meeting Report of the Subcommittee on the Developments under the Age Discrimination in Employment Act in 2003 and 2004