About
General Counsel
What We Do
The Office of General Counsel (OGC) is comprised of dedicated legal professionals charged with advancing Lindenwood University糖心vlog视频檚 mission and values in collaboration with University administrators, faculty, and staff. The OGC represents Lindenwood in legal matters and is responsible for assessing and minimizing potential liabilities and risks facing the University. The OGC helps ensure institutional compliance with applicable federal, state, and local laws, regulations, and University policies. The OGC also provides legal and strategic advice to Lindenwood糖心vlog视频檚 administration on a wide range of legal, regulatory, and other matters related to University operations.
The OGC upholds its obligations to the University through the efforts of its in-house counsel, and, when appropriate and necessary, outside counsel selected and supervised by the OGC.
The OGC does not represent individual employees or students and, as such, does not provide personal legal advice or services for Lindenwood employees or students. The information on this website is informational only and does not constitute legal advice. Please address inquiries and/or questions relating to potential legal matters concerning the University to OGC attorneys.
Examples of Legal Services
The following is a non-exhaustive list of examples of legal service areas in which OCG is typically involved:
- Commercial Transactions
- Contract Drafting and Review
- Corporate Governance
- Enterprise Risk Management
- Injuries to Persons or Property
- Insurance Matters
- Intellectual Property
- Internal Investigations
- Labor & Employment Law
- Legislative Review and Interpretation
- Litigation
- Policy Drafting and Review
- Real Estate
- Regulatory Compliance
- Responding to Reports of Alleged Wrongdoing
- Student & Academic Affairs Matters
Attorney-Client Privilege
The attorney-client privilege promotes open, complete, and honest communication between clients and their attorneys by designating communications between them regarding legal advice and services as privileged. In the broad sense, the attorney-client privilege protects the disclosure of information discussed and shared between a client and attorney. Generally speaking, for communications to be considered privileged, there must be (i) a communication, (ii) made between privileged persons 糖心vlog视频� attorney and client, (iii) in confidence, and (iv) for the purpose of obtaining or providing legal assistance or advice, subject to certain limited exceptions. To avoid the inadvertent disclosure of privileged information, it is imperative to consult with legal counsel from OGC and follow all lawful directives before discussing or sharing confidential matters.
Policies
The OCG also works on, and with, many Lindenwood policies. Below please find links to all University policies and well as some in which the OGC is commonly involved.
Reporting
Reports of potential violations of University policies, laws, and/or regulations may be made directly to the University糖心vlog视频檚 general counsel糖心vlog视频檚 office. The same may also be made anonymously to Lighthouse Services, the University糖心vlog视频檚 independent and confidential 3rd party reporting service. Lighthouse will review each report and coordinate with appropriate personnel of the University. Lighthouse can be reached using the following methods:
- Toll-Free Telephone: 1-844-700-0014
- E-mail: [email protected] (must include company name with report)
Reports of employment related concerns or matters may be made to Human Resources, and reports of sexual misconduct related concerns or matters may be reported to the Title IX Coordinator consistent with the above policies.
Who We Are
The OGC include the University糖心vlog视频檚 Vice President and General Counsel, and the Associate General Counsel.
Mark Falkowski, Esq.
Mark joined Lindenwood in the spring of 2020. Since joining, Mark has been responsible for managing the successful corporate restructuring into an education system, the acquisition of another institution of higher education, a tax-exempt bond transaction, and many other complex contracts and transactions. Mark糖心vlog视频檚 work also includes advising on corporate board governance and oversight matters, in addition to the management and oversight of Lindenwood糖心vlog视频檚 legal affairs. Prior to joining Lindenwood, he was a member of a higher education practice group for a large national law firm and general counsel for another private, nonprofit institution of higher education, as well as in-house counsel for a proprietary institution of higher education. He has successfully represented numerous colleges and universities in state and federal courts and in various administrative agency proceedings, including with the U.S. Department of Education.
Mark Falkowski, Esq.
Vice President and General Counsel
209 S Kingshighway
Saint Charles, MO 63301
(636) 949-4916
[email protected]
Shay Irby, Esq.
Shay Irby serves as Deputy General Counsel at Lindenwood University, where she provides strategic legal counsel across a broad range of institutional matters. She joined Lindenwood in the fall of 2023 and brings valuable in-house counsel experience from both private and public institutions of higher education. With over a decade of experience in education law, litigation, and compliance, Shay plays a critical role in supporting Lindenwood’s mission and its transition to a learner-centric Division I university.
In her current role, Shay advises University leadership on regulatory compliance, employment law, student affairs, corporate governance, and NCAA athletics. She leads internal investigations, manages risk and compliance programs, and represents the University in proceedings before agencies such as the OCR and EEOC. Shay also chaired the University糖心vlog视频檚 NCAA Governance and Compliance Sub-Committee, which was established to support the institution糖心vlog视频檚 transition to NCAA Division I. Additionally, she delivers campus-wide training on nondiscrimination, legal policy, institutional compliance, and litigation mitigation.
Prior to her current role, Shay served as assistant general counsel for several higher education institutions and as a trial attorney in a statewide public defense agency. Her experience encompasses both public and private sectors, including educational institutions and law firms, and includes litigation, policy development, Title IX coordination, institutional accreditation, and working with a wide range of student and employee populations.
Shay earned her J.D. from St. Louis University School of Law, where she was recognized as a Merit Scholar, concentrated in litigation, and received multiple honors. She completed her undergraduate degree at Texas Tech University, where she served on the President糖心vlog视频檚 Council and contributed as a columnist for the university newspaper.
Shay Irby, Esq.
Deputy General Counsel
209 S Kingshighway
Saint Charles, MO 63301
(636) 949-4902
[email protected]
Additional Information
Title IX
Title IX of the Education Amendments of 1972 (糖心vlog视频淭itle IX糖心vlog视频�), which prohibits discrimination on the basis of sex, and provides as follows.
For more information visit the Title IX webpage.
Lindenwood University, LLC
Lindenwood University, LLC is a Missouri limited liability company that is a single-member LLC treated as a disregarded entity for federal income tax purposes. The sole member of Lindenwood University, LLC is Lindenwood Education System (FEIN: 43-0652649), which is a Missouri nonprofit corporation that has been recognized by the Internal Revenue Service as a Section 501(c)(3) tax-exempt organization. As a disregarded entity, Lindenwood University, LLC is considered for federal income tax purposes to be part of Lindenwood Education System, an organization described in Code section 501(c)(3) and exempt from income tax under Code section 501(a) as recognized by the IRS. Because Lindenwood University, LLC is a single-member LLC treated as a disregarded entity for federal income tax purposes, it is deemed to have the 501(c)(3) tax-exempt status of its sole member, Lindenwood Education System. As such, Lindenwood University, LLC, qualifies as a 501(c)(3) nonprofit organization for these purposes. Donations to Lindenwood University, LLC are treated, for federal tax purposes, as charitable contributions and as permitted by law are tax-deductible.