LAWYERS NEW TO HIGHER EDUCATION
Whether you’re new(ish) to postsecondary law or simply looking to refresh your recollection of the fundamentals that underpin college and university practice, this workshop – taught by some of NACUA’s most-esteemed members – centers the key concepts, issues, statutes, and regulations that both inside and outside counsel need to succeed, in addition to offering crucial practical knowledge to successfully navigate nuanced campus constituencies, interwoven with opportunities to grow your higher ed attorney network.
June 25, 2024 - Day 1
7:00 AM – 8:00 AM
Networking Breakfast
8:00 AM – 8:25 AM
01. Welcome and Practical Advice to New Campus Counsel
- Welcome and brief overview of NACUA
- Brief overview of legal issues unique to higher education
- Practical advice on transitioning to the practice of higher education law
Omar Syed, Vice President and General Counsel, Rice University
8:25 AM – 9:15 AM
Networking Circles
- Meet NACUA colleagues in small groups, facilitated by a NACUA member veteran
- Discuss challenging and exciting aspects of your job
- Ask general questions, and
- Build your first “NACUA Network”
9:15 AM – 9:30 AM
Break
9:30 AM – 10:30 AM
02. Meet the Faculty
- Faculty employment relationships: tenure, contracts, unionization
- Faculty duties, responsibilities, performance assessment and discipline
- Faculty speech: Academic Freedom, First Amendment
- The road ahead: approaching emerging developments
Barbara Lee, Of Counsel, Bond, Schoeneck & King, PLLC
Shelley Kehl, Member, Bond, Schoeneck & King, PLLC
10:30 AM – 10:45 AM
Break
10:45 AM – 11:45 AM
03A. The FUNdamentals of FERPA
- An overview of the FERPA framework and its key definitions
- The principal disclosure exceptions
- The often forgotten “inspect and review” and “seek amendment” rights
- Saving the best for last: FERPA’s enforcement mechanism
Melissa Holloway, General Counsel and Vice Chancellor, Legal Affairs, Risk, and Compliance, North Carolina A&T State University
Steven McDonald, Retired, Rhode Island School of Design
10:45 AM – 11:45 AM
03B. Meet the Regulators
- Introduction to federal, state, and non-governmental regulators
- Key examples of regulatory oversight, including practical advice to navigate compliance audits, program reviews, and other regulatory enforcement activities
- Building a comprehensive compliance program that advances institutional mission and strategic priorities
Stephanie Gold, Partner, Hogan Lovells LLP
11:45 AM – 1:15 PM
Networking Lunch
1:15 PM – 2:15 PM
04A. Federal Antidiscrimination Law
- Addressing Harassment and Discrimination Matters in Higher Education (e.g., Title VI, Title VII, Title IX, ADA, Section 504)
- Sexual Violence and Discrimination
- Special Topics on Disability Law – Mental Health & FMLA/ADA
- Retaliation
- Diversity on Campus
Eric Butler, Associate General Counsel, United States Air Force Academy
Dan Kaufman, Partner, Michael Best & Friedrich LLP
1:15 PM – 2:15 PM
04B. Wheels Up! – Navigating University International Programs
- Understand different frameworks for evaluating international initiatives
- Review select U.S. and foreign law compliance issues and discuss recent trends and hot topics – e.g., international employment; foreign taxation; export controls; foreign influence; international student recruitment; online and remote learning; global data privacy; and international student health and safety concerns
- Share unique contract terms, tips, and strategies to negotiate cross-border contracts
Bill Ferreira, Partner, Hogan Lovells US LLP
Shirley Liu, President, XL Law & Consulting P.A.
2:15 PM – 2:30 PM
Break
2:30 PM – 3:15 PM (Microsession)
05A. College Athletics
- NCAA structure and enforcement
- Athletics contracts
- Title IX and intercollegiate athletics
- Wages, benefits, and the use of name, image, and likeness
- Trending topics
Anil Gollahalli, Chief Legal Officer and General Counsel, Big Ten Conference
Janet Judge, Partner, Education & Sports Law Group
2:30 PM – 3:15 PM (Microsession)
05B. Campus Safety: the Clery Act and Beyond
- Introduction to the Clery Act, including the history and objectives of the law
- Discussion of the main components of Clery compliance, including reporting and disclosure of crime statistics in the ASR, the crime log, timely warnings and emergency notifications, and policy disclosures
- Exploration of the Clery Handbook—What is it, how is it used in practice, and does it contain the answer to my question?
- Overview of enforcement actions, program reviews, and fines
- Overlap with campus safety issues such as threat assessment/response, CARE/BIT teams
John Graff, Attorney, Hirsch Roberts Weinstein LLP
Michelle Tellock, Deputy General Counsel
3:15 PM – 3:30 PM
Break
3:30 PM – 4:30 PM
06A. Title IX Sexual Harassment: the Basics and an Update
- Current Practices under the 2020 Regulations
- The New Regulations: Implications and Next Steps
- Practical advice for campus counsel in adopting, revising, and administering sexual misconduct policies on campus
Melissa Carleton, Partner, Bricker Graydon LLP
Olabisi Okubadejo, Associate Vice President for Equal Opportunity, Affirmative Action, and Compliance, Georgetown University
3:30 PM – 4:30 PM
06B. Contract Administration
- Unique issues related to contract administration on college and university campuses
- The role of counsel in contract administration
- Who is entering into contracts at your university? Signature authority and policies related to contract administration
- Key contractual provisions
- Practical take-aways related to contract review
Art Lee, Vice President and Deputy General Counsel, University of Arizona
Esther Walker, Associate General Counsel, Dartmouth College
4:30 PM – 4:45 PM
Break
4:45 PM – 5:30 PM
07. Enterprise Risk Management and Insurance (Microsession)
- Enterprise risk management in higher education
- An overview of risk management and insurance on campus
- Approaches for partnering cross-institutionally to balance risk and mission
Raina Rose Tagle, Senior Associate Vice President and Chief Risk Officer, Stanford University
5:30 PM – 6:30 PM
Reception
June 26, 2024 - Day 2
7:00 AM – 8:00 AM
Networking Breakfast
8:00 AM – 9:00 AM
08. A Balancing Act: Key Issues in Navigating Student Conduct and Expression
- Introduction to student conduct administration: legal issues and beyond
- The impact of current events and controversies on campus climate
- Addressing student disciplinary issues
- Speech codes, bias incidents, and harassment
- Upholding academic standards and professional decisions
Scott Warner, Partner, Husch Blackwell LLP
Stephanie Rosenberg, Senior Associate General Counsel, University of Arizona
9:00 AM – 9:15 AM
Break
9:15 AM – 10:15 AM
09A. Disability Law
- Academic accommodation issues in higher education context
- Animals on campus
- Threat to self and/or threat to others
- Leaves of absence and withdrawals
- Web accessibility
Elizabeth Conklin, Associate Vice-President for Institutional Equity, Access, and Belonging, Yale University
Karen Baillie, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
9:15 AM – 10:15 AM
09B. Research Rhetoric: An Overview of University Research
- Sponsored university research and related regulations and responsibilities
- Common research compliance issues and enforcement mechanisms
- Research security
- Intellectual property considerations
- Hot topics for counsel to know
Nicole Picard, Associate General Counsel, Brown University
Steve Sencer, Counsel, Ropes & Gray LLP
10:15 AM – 10:30 AM
Break
10:30 AM – 11:30 AM
10. Ethical Advice for New Campus Counsel
- General principles of ethics for college and university attorneys
- Representing an institutional client – ethical issues and practical strategies
- Attorney-client privilege – elements, exceptions, and waivers
- Special challenges taking on non-legal roles
Deke Mathieu, General Counsel, Trinity College
Bill Mullowney, Vice President for Policy and General Counsel, Valencia College
11:30 AM – 12:45 PM
Networking Lunch