With billions of dollars of institutional grant aid going to students with no calculated need or in excess of calculated need, it is worth exploring whether a better-utilized exemption could divert at least some of that funding into covering some of the unmet need for low-and moderate-income students. We asked a respected antitrust law firm whether the current state of the law, either under the exemption or the case law, allows for more cooperation than is currently occurring. As they explain in detail in the attached memo, the answer is, essentially: there is arguably some room under current law, but it is too dangerous for a group of colleges to enter it. More cooperation will only get the approval of a college’s lawyers if there is a clearer,
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An alternative to up-front eligibility criteria might be monitoring any agreements reached to see if they are resulting in increased access and affordability. Colleges that fail to improve their performance on such measures as the number of low-income students or the cumulative debt of graduating seniors within a specified time period might lose their eligibility to engage in further cooperation on financial aid. If any additional temporary exemptions did have eligibility criteria, these should be minimum thresholds that establish the institution’s commitment to need-based aid as a means of making 33 See for example Davis, 2006. In addition, the authors’ personal conversations with officials of colleges and associations of colleges also suggest that colleges are interested in cooperating to alleviate the problems caused by “bidding wars.” 34 See Wilkinson, 2005, p. 199. Time to Reexamine Institutional Cooperation on Financial Aid 10
More cooperation will only get the approval of a college’s lawyers if there is a clearer, broader exemption in statute. opportunity affordable for students from diverse economic backgrounds. For example, colleges might qualify by demonstrating that they are need-blind for most students, meet full …show more content…
p. 127. 11 The Institute for College Access & Success
Providing an expanded menu of possible ways to cooperate — using ideas from throughout the higher education community — will increase the likelihood of colleges using the exemption.
ABU DHABI | BEIJING | BRUSSELS | DÜSSELDORF | FRANKFURT | HONG KONG | LONDON | MANNHEIM | MENLO PARK MUNICH | NEW YORK | PARIS | ROME | SAN FRANCISCO | SÃO PAULO | SINGAPORE | TOKYO | TORONTO | WASHINGTON, DC
SHEARMAN & STERLING LLP IS A LIMITED LIABILITY PARTNERSHIP ORGANIZED IN THE UNITED STATES UNDER THE LAWS OF THE STATE OF DELAWARE, WHICH LAWS LIMIT THE PERSONAL LIABILITY OF PARTNERS.
PRIVILEGED & CONFIDENTIAL May 5, 2008 Memorandum To: Robert Shireman, TICAS Matthew Reed, TICAS From: Wayne D. Collins Vittorio E. Cottafavi
Antitrust and Financial Aid in Higher
An alternative to up-front eligibility criteria might be monitoring any agreements reached to see if they are resulting in increased access and affordability. Colleges that fail to improve their performance on such measures as the number of low-income students or the cumulative debt of graduating seniors within a specified time period might lose their eligibility to engage in further cooperation on financial aid. If any additional temporary exemptions did have eligibility criteria, these should be minimum thresholds that establish the institution’s commitment to need-based aid as a means of making 33 See for example Davis, 2006. In addition, the authors’ personal conversations with officials of colleges and associations of colleges also suggest that colleges are interested in cooperating to alleviate the problems caused by “bidding wars.” 34 See Wilkinson, 2005, p. 199. Time to Reexamine Institutional Cooperation on Financial Aid 10
More cooperation will only get the approval of a college’s lawyers if there is a clearer, broader exemption in statute. opportunity affordable for students from diverse economic backgrounds. For example, colleges might qualify by demonstrating that they are need-blind for most students, meet full …show more content…
p. 127. 11 The Institute for College Access & Success
Providing an expanded menu of possible ways to cooperate — using ideas from throughout the higher education community — will increase the likelihood of colleges using the exemption.
ABU DHABI | BEIJING | BRUSSELS | DÜSSELDORF | FRANKFURT | HONG KONG | LONDON | MANNHEIM | MENLO PARK MUNICH | NEW YORK | PARIS | ROME | SAN FRANCISCO | SÃO PAULO | SINGAPORE | TOKYO | TORONTO | WASHINGTON, DC
SHEARMAN & STERLING LLP IS A LIMITED LIABILITY PARTNERSHIP ORGANIZED IN THE UNITED STATES UNDER THE LAWS OF THE STATE OF DELAWARE, WHICH LAWS LIMIT THE PERSONAL LIABILITY OF PARTNERS.
PRIVILEGED & CONFIDENTIAL May 5, 2008 Memorandum To: Robert Shireman, TICAS Matthew Reed, TICAS From: Wayne D. Collins Vittorio E. Cottafavi
Antitrust and Financial Aid in Higher