Lawyers New to Higher Education

This foundation-building workshop is designed to introduce the lawyer new to college and university law to the concepts, statutes, regulations, and practical knowledge needed to navigate key areas of practice.  Sessions address various legal concepts that present uniquely in higher education legal practice such as tenure, shared governance, student discipline, study abroad, and research administration. Content is tailored both to new attorneys and sophisticated attorneys who are transitioning into higher education law. 

Monday, June 26

7:00 AM-8:00 AM   

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, General Counsel & Secretary, 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-10:45 AM 

02. Meet the Faculty

• Faculty tenure and employment relationships
• Faculty duties, performance management, and discipline
• Academic Freedom/ First Amendment
• Practical issues and problem solving

Barbara Lee, Of Counsel, Bond, Schoeneck & King, PLLC

Shelley Kehl, Member, Bond, Schoeneck & King, PLLC

10:45 AM-11:00 AM

Break

11:00 AM-12:15 PM 

03A. The FUNdamentals of FUNdamental 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

11:00 AM-12:15 PM

03B. Introduction to Sexual Misconduct Issues: Title IX, Title VII, and the Courts

• 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

12:15 PM-1:45 PM

Networking Lunch

1:45 PM-3:00 PM 

04A. Federal Antidiscrimination Law 

• Encountering and Addressing Anti-Discrimination Matters in Higher Education (e.g., Title VI, Title VII, Title IX, ADA, Section 504)
• Race, Color, Religion & National Origin - Discrimination and Harassment 
• Sex Discrimination and Related Legal Issues
• Special Topics on Disability Law – Mental Health & FMLA/ADA/Workers Comp
• Retaliation 
• Diversity on Campus

Lili Palacios-Baldwin, Deputy General Counsel, Labor, Employment & Litigation, Tufts University 

Daniel Kaufman, Partner, Michael Best & Friedrich LLP

1:45 PM-3:00 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.

3:00 PM-3:15 PM 

Break

3:15 PM-4:15 PM

05A. 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

Yvette Clark, Senior Vice President and General Counsel, Southern New Hampshire University

Stephanie Gold, Partner, Hogan Lovells LLP

3:15 PM-4:15 PM

05B. Research Rhetoric:  An Overview of Research Compliance, National Security and IP Laws

• Federally sponsored university research
• Common financial, administrative, and scientific compliance issues in research
• National security, US export controls and economic sanctions and the unique rules for higher education
• Intellectual property basics, and institutional IP ownership and management

Nicole Picard, Associate General Counsel, Brown University 

Nelson Dong, Of Counsel, Dorsey & Whitney LLP

4:15 PM-4:30 PM 

Break

4:30 PM-5:30 PM

6A: 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 

4:30 PM-5:30 PM 

6B: 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 

5:30 PM-6:30 PM

Reception

Tuesday, June 27

7:00 AM-8:00 AM

Networking Breakfast

8:00 AM-9:15AM

07. Meet the Students:  Curricular and Extracurricular Conduct and Speech

• Introduction to Student Conduct Administration
• Academic Deference, Professionalism Standards, and Codes of Ethics
• Speech Codes, Bias Incidents, and Harassment
• Policy Development and Refinement

Scott Warner, Partner, Husch Blackwell LLP

Stephanie Rosenberg, Senior Associate General Counsel, University of Arizona

9:15 AM-9:30 AM

Break

9:30 AM-10:00 AM

08A. Student Disability Law Issues - Microsession

• 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

9:30 AM-10:00 AM

08B. Quickly and Clearly Clery: Introduction to the Campus Crime Reporting Law - Microsession

• Introduction to the Clery Act, including the history, developments along the way, enforcement, and more.
• 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 the fire log.
• 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.

John Graff, Attorney, Hirsch Roberts Weinstein LLP

10:00 AM-10:15 AM

Break

10:15 AM-11:30 AM

09. An Introduction to Higher Education Counsel’s Office: Ethical Issues

• 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

Bill Mullowney, Vice President for Policy and General Counsel, Valencia College

Dickens Mathieu, General Counsel, Trinity College

11:30 AM-12:45 PM

Networking Lunch