Nick Michiels guides clients through the higher education “triad” so they can focus on innovation and fulfilling their missions. Since joining Powers in September 2010, Nick has advised and represented for-profit, non-profit, and state schools, third-party servicers, online program management companies, and study abroad organizations regarding the complex regulatory framework governing higher education.

Nick seeks to preserve important relationships with regulatory agencies while advancing his client’s position and goals. This philosophy guides Nick as he represents postsecondary schools and third-party servicers in audit and program review proceedings before the U.S. Department of Education’s Office of Hearings and Appeals (OHA), inquiries by the U.S. Department of Education’s Office of Inspector General (OIG) and the U.S. Department of Justice (DOJ), and adverse actions taken by accreditation and state education agencies.  For example, Nick has:

• Represented a higher education service provider in a false claims investigation relating to the incentive compensation prohibition, resulting in a voluntary dismissal by the relator and consent to dismissal by the federal government.
• Crafted an appeal strategy for a nursing program, which resulted in reconsideration by the Accrediting Bureau of Health Education Schools (ABHES) of the negative action prior to the appeal hearing.
• Defended an institution of higher education in OHA litigation, resulting in the substantial reduction of asserted Title IV liabilities and settlement of the case.
• Managed dozens of responses to DOJ Civil Investigative Demands, OIG subpoenas, and other document requests, and helped the respondents explain these investigations to other regulators.
• Coordinated thousands of responses to borrower defense to repayment applications.

Nick advises school owners, managers, and investors regarding the regulatory aspects of education investments, mergers, and acquisitions.  Clients look to Nick for help with negotiating agreements, advising on regulatory risks, performing due diligence, and obtaining regulatory approvals for changes of control.  For example, Nick shepherded a nonprofit institution of higher education through the U.S. Department of Education’s two-step merger process and the accreditor’s complex substantive change process.

Nick counsels clients on a daily basis regarding compliance with federal, state, and accrediting agency standards and advocacy efforts regarding those standards.  For example, Nick has drafted dozens of comments regarding proposed U.S. Department of Education regulatory packages, many of which contributed to positive changes in the final rule versions.

Nick is frequently invited to speak on legal, regulatory, compliance, and policy issues to education industry executives, financial aid professionals, and other constituencies.

Speaking Engagements:

• Co-Presenter, EASFAA Annual Conference, Borrower Defense to Repayment: Response and Risk Mitigation Strategies (May 2026)
• Presenter, NJASFAA Annual Conference, One Year Since Election Day 2024: Assessing the Potential Impact on Higher Education (November 2025)
• Presenter, The Biden/Trump Transition: Assessing the Potential Impact on Higher Education (RISLA March 2025; CNYSCS April 2025; and EASFAA May 2025)
• Co-Presenter, CECU Annual Conference, The New E-App – or, How to Lose a Financial Aid Director in 10 Days! (May 2025)
• Presenter, CAPFAA Annual Conference, Regulatory Ping-Pong: Assessing Biden’s Initiatives and Trump’s Proposals (December 2024)
• Co-Presenter, NJASFAA Fall Conference, Borrower Defense to Repayment: Legal Status and Practical Response Tips (November 2023)
• Co-Presenter, CNYSCS Annual Convention, ED Rules Effective July 2023, Including Borrower Defense to Repayment and ED Rules Effective July 1, 2024 Part 2: Administrative Capability, ATB, Certification Procedures, Financial Responsibility (October 2023)
• Co-Presenter, CECU Annual Convention, The Other Shoe: Analyzing the New Proposed Regulations that Just Dropped (June 2023)
• Co-Presenter, EASFAA Annual Conference, Resolving Audits and Program Reviews: Title IV and HEERF Considerations (May 2022)
• Co-Presenter, NJASFAA Annual Conference, Surviving Audits & Review: Title IV and HEERF (November 2021)
• Co-Presenter, CECU Special Webinar, Notice is Served: Implications of the Federal Trade Commission’s Penalty Offense Authority (October 2021)
• Co-Presenter, CECU Annual Conference, Attempts to Expand Owner Liability:  The Program Participation Agreement and Beyond (June 2021)
• Co-Presenter, ABHES Annual Conference, Surviving (or Even Thriving In) a Program Review or Audit (March 2020)
• Co-Presenter, CAPPS Annual Conference, Is That Student Eligible?  Attorney Workshop on High School Validity & Career Pathway Programs (October 2019)
• Co-Presenter, Central States Private Education Network Annual Conference, The Latest on State Authorization (August 2019)
• Presenter, NJASFAA Annual Conference, Audit and Program Review Findings:  Prevention, Correction, & Appeals (March 2019)
• Co-Presenter, CAPPS Annual Conference, Validity of High School Diplomas – Attorney Workshop (October 2018)
• Co-Presenter, CECU Annual Conference, Competing Career Education Models:  Apprenticeships, Boot Campus, OPMs, Industry Partnerships and Other Alternative Training Models – How to Keep Current Amidst the Disruption (June 2018)
• Presenter, Private Career Colleges and Schools Conferences, Trending Legal Issues in Higher Education (Chicago, May 2018; Dallas, June 2018)
• Co-Presenter, APSCU Annual Conference, Campus Security and Crisis Response Planning:  Key Legal and Practical Considerations (June 2016)
• Presenter, National Business Institute Presentation, School Safety Law:  Safety Disclosures and State and Federal Record-Keeping Laws (October 2014)

Publications:

• Sherry Gray, Nicolas Michiels, Sam Whittaker, Borrower Defense to Repayment: Litigation and Regulatory Update (2026)
• Nicolas Michiels, Dan Brozovic, Ryan Spraker, ED Confirms Enforcement Options for Foreign Gift Reporting Noncompliance (2020)
• Nicolas Michiels, Olivia O’Hare, Blockchain: Potential Opportunities for Career Colleges, Career Education Review (2020)
• Nicolas Michiels, Department Announces New Approach to FERPA Enforcement (2019)
• Sherry Gray, Dan Brozovic, Nicolas Michiels, Department Stalls DTR Regulation, Announces New Rulemaking on DTR and GE (2017)
• Joel M. Hamme, Nicolas Michiels, and Amita Sanghvi, Health Insurance Exchanges Under the Affordable Care Act: A Primer, J. HEALTH & LIFE SCI. L. (2013)
• Nicolas Michiels, Should Inmates Be Running the Jailhouse?: Affirming the Constitutionality of Enhanced Archivist Involvement in White House Recordkeeping Policymaking, 58 AM. U. L. REV. 1567 (2009).