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Schedule - National Conference on Law and Higher Education

Thursday, Feb. 11, 2016

9:00 a.m. – 4:00 p.m.
Boot Camp: Higher Education Law & Policy Foundations
Speakers: Peter F. Lake, Oren Griffin
Lake Hart

Back by popular demand — this one-day boot camp focuses on the fundamentals of higher education law and policy. The presenters will not focus on “hot” topics or recent trends. This workshop is geared toward non-lawyers and will feature lectures, drills, problem analysis and a question-and-answer segment — all designed to improve your understanding of basic principles of higher education law and policy.
Come ready to learn about:
• The law of campus safety
• Core civil rights of students and employees
• Regulatory law and policy
• Governance in higher education
• Fundamentals of employment law
• How to work with lawyers, the legal system and legal materials
• And more...

9:00 a.m.– 4:00 p.m.
Florida K-12 Administrators Legal Issues Training
Lake Mizell

A full-day seminar presented by Education Law Association, Sniffen & Spellman, P.A., and Stetson University College of Law. The K-12 Administrators Training is specially designed to address the day-to-day legal issues that arise for administrators in the school setting. The conference presenters will include multiple attorneys who represent school districts.
» Register Online

4:00 – 6:00 p.m.
Networking Event
David’s Club

Friday, Feb. 12, 2016

8:00 - 9:00 a.m.
Breakfast Mingle
Lake Foyer

9:00 a.m. - 12:00 p.m.
Study Abroad Session
Speakers: Charles P. Rose, Jean Demchak, Elizabeth Brenner, Ros Thackereen
Lake Nona

Join this forward thinking conversation with higher education leaders, actively engaged in research involving the study abroad field.
Participate in engaging discussions about what measures need to be taken, today and in the future to provide data, transparency and increased safety in the study abroad field.

9:00 a.m. - 12:00 p.m.
Fraternity & Sorority Life in Higher Education
Speakers: Timothy Burke, Beth Stathos
Lake Eola

The speakers will explore the relationships, interactions and legal implications of Fraternity and Sorority Life on today’s college and university campuses.

9:00 a.m. - 12:00 p.m.
Litigation Update Workshop
Speakers: David Armstrong, Noah Welte, Beverly Ledbetter
Lake Hart

2015: A Year of Litigation. Back for 2016, the speakers will cover cases that made a significant impact on higher education in 2015. The session will also highlight the cases you should watch in 2016.

12:00 - 1:30 p.m. Opening Plenary Lunch
Keynote Speaker
Cindi Love , Executive Director of ACPA
Orange E-F

Constructing Cultures of Advocacy in which Delineated Rights are Not Abstractions, But Realities
The future of global institutions, including higher education, rests in our ability to (1) reframe structures that (2) catalyze new behaviors to (3) ensure the delineated rights of a neomedieval world are not abstractions, but realities. (Lagon & Clark, 2014)
We must create cultures of advocacy in which activism is not considered adversarial, but essential. Professionals must navigate the contested issues and complex intersections of law and social science while focused intentionally on the twin pillars of agency and recognition for all people within the institutions that both restrain and enable us; within which our character as individuals and as society is tested and formed (Bellah, Madsen, Sullivan, Swidler & Tipton, 1991).

1:30 - 4:00 p.m.
FERPA & Data at Higher Educational Institutions
Speakers: Thomas Major, Jr, Nicole McDonald, Jacob Rooksby
Lake Nona

This session will use an overview and update of FERPA as the springboard into an interactive discussion of the ways in which an institution’s understanding—and perception—of this important law can affect campus-wide efforts to support student success.



1:30 - 4:00 p.m.
Washington Overview
Speakers: Jonathan D. Tarnow, John R. Przypyszny
Lake Eola

Part I: HEA Reauthorization and 2016 Congressional Outlook
What is the potential for Higher Education Act reauthorization in 2016, and what are the critical agenda items expected to be the focus of Congressional leaders during this reauthorization process? This part of the session will discuss those questions, the expanding federal role in postsecondary education, and the increasing legislative focus on institutional accountability, accreditation reforms, student data privacy and competency-based learning models.

Part II: Federal Regulatory Overview
Institutions of higher education continue to face new regulations from the U.S. Department of Education, many of which are increasing the already extensive reporting obligations on institutions of higher education. In addition, there are numerous recent regulations that institutions are struggling to implement, including the gainful employment requirements and new restrictions on relationships with financial account providers. The U.S. Department of Education also has started a new rulemaking process on borrower defenses to loan repayment. Additionally, other federal agencies are expanding their oversight of certain activities by postsecondary institutions and third-party service providers to institutions. This part of the session will address these topics, the College Scorecard and related accountability and transparency initiatives undertaken by U.S. Department of Education, and other significant regulatory developments.

1:30 - 4:00 p.m.
Litigation Update (cont’d) and Title IX Case Update
Speakers: David Armstrong, Noah Welte, Beverly Ledbetter, Adam Jussel
Lake Hart


2015: A Year of Litigation. Back by popular demand, the speakers will cover cases that made a significant impact on higher education in 2015. The session will also highlight the cases you should watch in 2016. This portion of the program will also provide updates and trends surrounding Title IX related issues. There will also be analysis of components of the fair student conduct processes.

Saturday, Feb. 13, 2016

8:00 - 9:00 a.m.
Breakfast Mingle
Lake Foyer

9:00 a.m. - 12:00 p.m.
Title IX Investigator Training Workshop
Speakers: Lorna Fink, Julian Williams
Orange E-F
Participants will learn the essential practical information necessary to conduct a Title IX compliant investigation. This includes interview techniques and setting the appropriate tone, Title IX coordinator communication/ oversight, development of an investigative plan, gathering factual information, conducting witness interviews, taking notes and drafting investigative reports, and weighing evidence and making factual determinations.
The session also will cover necessary competencies when hiring, training or designating a Title IX investigator, and engage in interactive activities designed to build on the learning outcomes.

9:00 a.m. - 12:00 p.m.
Constitutional Law and Higher Education Workshop
Speakers: William (Bill) Thro, Neal Hutchens, Scott Bauries, Charles Russo, Will Creeley
Lake Eola


Constitution Day is designed to give a general overview of the constitutional issues confronting public university administrators and attorneys. Each fifty minute session involves a brief overview of the topic, an in-depth talk show conversation, and an opportunity for questions from the audience. Topics to be covered include Free Speech, Religious Liberty, Academic Freedom, Diversity in Admissions, and Due Process in the Title IX sexual assault context.
• 8:45 If Angels Were To Govern Men--Introduction presented by William “Bill” Thro
• 9:00-9:50 I believe in Free Speech, But . . .(Free Speech) presented by Neal Hutchens
• 10:00-10:50 The First Freedom (Religious Liberty) presented by Charles Russo
• 11:00-11:50 Academic Freedom: An Ordinary Concern of the First Amendment presented by Scott Bauries


9:00 a.m. - 12:00 p.m.
Social Media Workshop
Speaker: Jacob Rooksby
Lake Nona

Does your institution have a social media policy? If not, should it? What should you be concerned about regarding student, employee, and institutional use of Twitter, Facebook, Instagram, Pinterest, Snapchat, Yik Yak, and other social media? What are the key considerations and pitfalls for student affairs professionals navigating this tricky landscape? This session will discuss all these issues and more, highlighting social media best practices for higher education in view of legal developments in this rapidly evolving area of the law.

12:00 - 1:30 p.m.
Plenary Lunch
Fighting for Free Speech: A Report from FIRE
Keynote Speaker: Will Creeley
Orange E-F

1:30 - 4:00 p.m.
Title IX Investigator Workshop (cont’d)
Orange E-F

See morning description.

1:30 - 4:00 p.m.
Constitutional Law and Higher Education Workshop (cont’d)
Speakers: William (Bill) Thro, Will Creeley, Laura Rothstein
Lake Eola

• 1:45-2:35 Diversity Through Admissions: Common Sense Compliance presented by Laura Rothstein & Jacob Rooksby
• 2:45-3:30 Title IX in a Constitutional Framework presented by Will Creeley
• 3:30-4:00 Panel discussion and Q&A

1:30 – 4:00 p.m.
Employment Law
Speakers: Joshua Bosin, Katrina Chapman
Lake Nona

This employment law session is designed to provide attendees with practical information about key labor and employment law and policy developments, as well as how institutions are likely to be affected this year.
Major wage and hour changes for employers are expected soon. We will examine the Department of Labor’s July 2015 proposal to amend the Fair Labor Standards Act Regulations, with a particular emphasis on the proposed revisions to the rules governing the application of the “white collar” exemptions for executive, administrative, and professional employees and how those changes may impact colleges and universities. We will review newly implemented and proposed changes to minimum wage statutes across the country, and we will provide an up-to-date look at the Department of Labor’s enforcement priorities regarding independent contractor and employee classification issues. The topic of accommodations for religious practices garnered significant attention from the EEOC and employees in 2015 and this focus is expected to continue. We will review developments in this area and offer action steps for employers to follow when addressing requests for religious accommodations from employees. In addition, workplace bullying by employees continues to impact all campuses, and we will discuss strategies for addressing this concern during our presentation. The session will conclude with our annual review of additional hot employment topics that will face your institution in 2016 and beyond.
Through interactive discussion and hypotheticals, we will offer strategies for effective management of challenging employment situations and containment of potential legal liability.

4:00 – 6:00 p.m.
The Hunting Ground Movie Night (ticketed event)
Florida 5-7

Sunday, Feb. 14, 2016

8:00 - 9:00 a.m.
Breakfast Mingle
Lake Foyer


8:00 - 9:00 a.m.
General Counsel's Breakfast (ticketed event)
Lake Lucerne

9:00 a.m. - 12:00 p.m.
Disability Law Workshop: “Compassionate, Caring and Commonsense Compliance”
Speakers: Laura Rothstein, James Kessler, Jen Day Shaw
Lake Nona

This presentation and full day program will provide an overview and historical reflection as well as an opportunity to focus on some of the most significant and important recent developments that should be given a high priority by higher education administrators and policymakers. The theme of the 2016 conference on Higher Education and Policy is Compliance. The approach of the presentation is to encourage institutions to ensure that their policies, practices, and procedures related to individuals with disabilities provide a balanced approach to what MUST be done, what CAN be done, and what SHOULD be done. Rather than approaching these issues as a “check-list” of actions to be taken to “comply” with federal and other requirements, higher education institutions that take a holistic and proactive and good faith approach to these issues should “de facto” be in compliance with the requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

9:00 a.m. - 12:00 p.m. Advanced Training-Title IX Teams Workshop (ticketed event)
Speakers: Gina M. Smith, Leslie Gomez
Lake Eola

9:00 a.m. - 12:00 p.m.
Relationships between SART and Care, Threat, and Assessment Teams Workshop
Speakers: Gene Deisinger, Jeff Nolan, Jen Day Shaw, Karen Pennington
Lake Mizell

Practitioners are bombarded with a myriad of issues that require thoughtful, compassionate, creative, resource-driven, strategic planning and implementation; and at times, an emergency response. These complex challenges include interpersonal violence, stalking, serious mental health issues, Title IX-related issues, marginalized populations, protests, threats of bombs or active shootings on campuses. With limited budgets and personnel, facing these challenges can exhausting at times. What are the standards of practice on campuses for tackling these issues? What are the interrelationships between the issues? How can practitioners prepare for and then respond to these issues while managing campus reputation, brand, and board relations? This workshop will help with prioritization of strategies, resource allocation, and practical applications. Legal mandates and standards for practice will be identified and discussed along with current case law. This session will give you tools to bring back to your campus for cutting edge implementation and for use in strategic planning.

Specifically, the discussion will cover:
What are the standards of practice on campuses for tackling these issues?
What are the interrelationships between the issues?
How can practitioners prepare for and then respond to these issues while managing campus reputation, brand and board relations?
The panel will help with prioritization of strategies, resource allocation, and practical applications.
The intersection between threat assessment teams, interpersonal violence and stalking response, Title IX Committees, protest response, and bias response teams will be described and standards of practices shared.

12:00 - 1:30 p.m.
Lunch (on your own)

1:30 - 4:00 p.m.
Disability Law Workshop (cont’d)
Speakers: Laura Rothstein, James Kessler, Jen Day Shaw
Lake Nona
See description above, this is a full-day workshop.

1:30 - 4:30 p.m.
Advanced Training-Title IX Teams Workshop (cont’d) (ticketed event)
Lake Eola
See description above, this is a full-day workshop.

1:30 – 4:00 p.m.
Relationships between SART and Care, Threat, and Assessment Teams Workshop (cont’d)
Lake Mizell
See description above, this is a full-day workshop.

5:00 – 6:00 p.m.
Crystal Ball Session, Awards, & Networking Event
Orange E-F

Panel Discussion on the Future of Higher Education

Monday, Feb. 15, 2016

8:00 - 9:00 a.m.
Breakfast Mingle
Lake Foyer

9:00 a.m. - 12:00 p.m.
Interpretation of Medical and Forensic Evidence in Title IX Hearings
Speaker: Kelley Hodge
Lake Nona
The Office of Civil Rights has noted in recent publications the lack of training on medical and forensic evidence, including results of medical examinations and drug or alcohol tests. This session will discuss the necessities of training panel members and hearing officers on medical and forensic interpretation of evidence, and best practices in the field.


*Anticipated Schedule - Check for weekly updates and details as we add program speakers and session descriptions.

Registration Pricing:

Main Event Feb. 12-16, 2016
Early registration $825.00
until Oct. 31, 2015.


Individual Rate: Regular $950.00
starting Nov. 1, 2015.

Day Rate: $350.00 

The following events are not included in the main event purchase price.

These events may be purchased separately and are priced as follows:

K-12 Administrators Training Thursday, Feb. 11, 2016 » Register Online

Boot Camp: Fundamentals of Higher Education Law and Policy Thursday, Feb. 11, 2016. $350.00

Title IX Teams Sunday, Feb. 14, 2016. Individual Rate: $500.00

Movie Night: The Hunting Ground Saturday, Feb. 13, 2016. $10.00


*If you are bringing a team of 3 or more please call the Office of Professional Education for discounted pricing.