Stetson University

Schedule - National Conference on Law and Higher Education

Thursday-Friday, Feb. 13-14, 2014

10:00 a.m. - 4:00 p.m.
Boot Camp - The Fundamentals of Higher Education Law and Policy
Presented by Peter F. Lake, Oren Griffin, and Davis O'Guinn

Back by popular demand, this boot camp style workshop focuses on the fundamentals of higher education law and policy. The presenters will not focus on “hot” topics or recent trends.  The workshop is geared towards non-lawyers and will feature lectures, drills, problem analysis, and question and answer—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…

Saturday, Feb. 15, 2014

9:00 a.m. - 4:00 p.m.
Taking a Hard Look: The Emerging Role and Potential of Internal Investigations in the Higher Education Context
Presented by Gina M. Smith, Joseph McGettigan III, Neil J. Hamburg, and Leslie Gomez
Pepper Hamilton, LLP

We have entered a new era of internal investigations in higher education. This full-day workshop will provide training in the fundamentals of internal investigations in higher education.
The workshop will cover a wide range of internal investigation issues and discuss the role of internal investigations in a variety of contexts.
Internal investigations face many challenges--respecting FERPA rights, dealing with diverse constituencies on campus, due process considerations, and more.  Internal investigations also offer opportunities--fact-gathering in response to an event or incident, facilitating informed decision-making processes, mitigating criminal/civil/regulatory action, and shaping public perception.
Our highly experienced (and surprisingly entertaining given the gravity of the subject) presenters will help you with the following common questions:

  • Whether to investigate
  • What to investigate
  • How to investigate
  • Timing of an investigation
  • Communication with outside agencies

In an age of increased demands for accountability, knowing the nuts and bolts of internal investigations is essential for success.

1:00 - 4:00 p.m.
Fundamentals of Disability Law and Policy Workshop

Presented by Laura Rothstein with Brian Mistler, Karen Pennington and Edward Kelly

Complying with disability law has become increasingly complicated—casual working knowledge of disability law is no longer sufficient to be in compliance.  Compliance is no longer just an issue for a couple of experts on campus--it is now everyone’s job. To help you with your compliance efforts we recruited the nation’s leading disability law scholar (and this year’s Honorary Co-Chair), professor and book author Laura Rothstein, to conduct an intensive half-day workshop on major current issues relating to disability law on campus.  
Professor Rothstein and her panel of experts will guide you on issues relating to students, faculty, and staff. The introductory portion of the workshop will provide a general overview of the current application of federal disability laws, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.  The workshop will pay particular attention to some of today’s fulcrum issues in higher education including accommodating mental health challenges, documentation of disabilities, test accommodations, technology issues (web, classroom materials, distance learning), food allergies, assistance and emotional support animals, auxiliary aid issues, and returning veterans.

The workshop is both topical and thematic. As a participant you will be able to engage Professor Rothstein and her panel of experts on the following:

  • What are the issues that student affairs offices are seeing today?  What are the trends regarding accommodating learning disabilities, ADD, ADHD, etc.? 
  • What are the trends regarding students with mental health concerns?  The panel will pay particular attention to the current interpretation of how students who are a danger to “self” is affecting policies, practices, and procedures on campus--and the infamous Spring Arbor letter.  What might the ACA and the Mental Health Parity Regulations mean for mental health treatment?
  • Documentation issues – is the broader reading of “disability” under the 2008 ADA Amendments giving unfounded expectations about documenting disabilities and the requested accommodations?  What “deference” is to be given to previous documentation and previous accommodations?
  • Test accommodations – what does the “best ensures” standard mean for various accommodations in test settings?
  • Technology issues – websites, distance learning, and classroom materials.  What do recent DOJ settlements and proposed regulatory guidance mean?
  • Food issues – gluten and peanuts and other food concerns. What do recent DOJ settlements mean and what are best practices?
  • How do current ADA regulations affect animals on campus (including in campus housing and employment)?
  • Auxiliary aids – what is current regarding providing interpreters and other accommodation requests? 
  • Returning veterans-how is your campus addressing their needs?


4:30 - 5:30 p.m.
William Kaplin – Book Talk and Book Signing

Come visit with Bill Kaplin, co-author of The Law of Higher Education, 5th Edition, 2013, Jossey-Bass.  Professor Kaplin will discuss the latest developments and the enduring principles highlighted in this new edition published last August.  This is a desk reference that every higher education professional should own; purchase a copy or bring your own for a book signing following the discussion.

Sunday, Feb. 16, 2014

8:30 - 9:00 a.m.
Welcome First-Timers, To the Finest Law and Policy Conference in America!
A (lively) Orientation for First Time Attendees

If this is your first time attending Stetson’s National Conference on Law and Higher Education, we encourage you to attend this short welcome and orientation session. This is not your typical membership conference! An experienced conference presenter—will provide tips about how you can get the most from the conference. 

9:00 - 10:30 a.m.
Concurrent Sessions:

A. Religious Freedom on a Secular Campus
Presenter: William Thro

Many campuses are experiencing controversy over the ability of student religious organizations toexclude individuals who disagree with the organization's faith tenets.  Although many think that Christian Legal Society v. Martinez resolves the issue, that decision is actually quite narrow and does consider state law or state constitutional provisions. Moreover, recent U.S. Supreme Court decisions seem to contradict and undermine the core holding of Christian Legal Society. This presentation will discuss the limitations of Christian Legal Society, the impact of state law and state constitutional provisions, and the significance of more recent Supreme Court decisions.

B. Pipelines, Special Programs And Sleep-Overs: Managing the Explosive, and Mundane Issues of Minors on the Modern Campus
Presenters: Laura Rothstein, Leslie Gomez, Gina Smith, and Candace Collins

Remember when the minors on campus were largely sleep-over guests and a handful of prodigies? How things have changed…. Today, many different types of programs involve minors. Look at the explosion in community engagement programs. From summer science camp for high school students to law students teaching Street Law in the high school, to college students engaging in university-sponsored Big Brother-Big Sister type programs, institutions of higher education are recognizing the value of such programs to their larger communities as well as for the service-learning opportunities for the college students. There has also been explosive growth in so-called pipeline programs, many of which essentially merge k-12 learning with higher learning.

These programs have a lot of positives, but the fundamentals requirements for implementing them involve a host of operational and legal concerns.  University counsel, campus leaders, and administrators will need to take a proactive approach in ensuring that such programs are sustainable and have assessable positive learning outcomes. They must also anticipate potential safety and wellness risks, particularly in light of new legal mandates protecting minors.  In the wake of the Penn State scandal, we now seek to have sound and up to date “minors on campus” policies.  

The session will consider a broad range of issues including human subject research concerns, tort liability, and the use of social media with minors. As you have come to expect at our interdisciplinary law and policy event, participants will receive practical implementation guidance along with a focus on the primary legal issues to anticipate regarding minors on campus.

C. Public Records Requests and Sunshine Law Requirements - The Law and Policy Dimensions of College Candor
Presenters: Mark St. Louis and Jeffrey Sun

Justice Brandeis argued that “Sunlight is said to be the best of disinfectants.” Essentially, malfeasance is more likely to flourish when decisions are made in private, backroom meetings compared to when government actors are required to operate subject to public scrutiny. To ensure opportunity for such scrutiny, many states have enacted public records laws, often referred to as “Sunshine Laws.”

However, while increasing transparency of and access to the governmental decision making process, such laws also present unique challenges to institutions of higher education, which must balance the noble goal of transparency against, inter alia, competing concerns for privacy rights, academic freedom, intellectual property, and administrative time and cost. Drawing on several case studies, participants will learn about strategies to balance these concerns in various scenarios such as presidential searches, institutional responses to student misconduct, financial records, and matters related to scientific research. 

10:30 - 10:45 a.m. Coffee Break

10:45 a.m. - 12:00 p.m.
Concurrent Sessions:

A. License This! Hot Topics in Intellectual Property Law (including MOOC's)
Presenter: Jacob Rooksby

Intellectual property law is increasingly one of the "hottest" fields in law and of growing interest and importance to leaders in higher education.  Several important decisions involving copyright, trademark, and patent have been handed down by courts in the past year.  How might these detailed developments affect your institution?  What are the policy ramifications for your institution's treatment of intellectual property?  Come to this session to find out.

B. Litigation Update  - Getting Sued, and Not Sued
Presenters: Bob Smith and Beverly Ledbetter

2013, A Year of Litigation. Returning by popular demand Bev(erly) and Bob will cover cases that made a significant impact on higher education in 2013. The session will also highlight the cases you may want to keep an eye on moving forward in 2014. The session will focus on the most significant cases because no one could cover all of the cases in one session! Keep in mind that the session materials will provide you with a more comprehensive case law guide. Please make sure you take the time to look at this valuable resource—Bev and Bob sacrificed their holiday season to create this deliverable for you!

C. The PK-20 Continuum: Managing the New Holistic Education Environment
Presenters: Jason Palmer and Jeffrey Sun

Academic success is a holistic enterprise, and now  there is strong law and policy momentum to connect students’ learning experiences across the so-called “PK-20 continuum.”  Policymakers recognize the role of education in serving students from cradle to career.

This session will unpack several critical issues that exist across the educational spectrum, from pre-elementary through post-secondary education. To gain perspective, academic success issues will be viewed through the lenses of key constituent populations (e.g., academically gifted and ethnic minority students) and program settings (e.g., career/technical and professional education).  The panel will explore various research-based conceptual and theoretical frameworks for student success and measuring that success. Participants will also receive practical tips and tactics which will assist them in framing viable programs that foster success.  The panelists are anxious to use their experience and data-driven knowledge to help you tailor successful programs on your campus.

12:00 - 1:30 p.m. Lunch

1:30 - 4:30 p.m.

Plenary Session with Featured Speaker Kevin Kruger of NASPA:
The Frontiers of New Liberal Arts Education and President Obama's "College Scorecard": Vectors, Sectors, Accountability, and Opportunity in Times of Transition
Panelists: Kevin Kruger, Steven Bahls, Ada Meloy, Tom Major, Chuck Ambrose, and Shari Bax;
Moderator: Sarah Bray

Liberal arts education in America is not dead…but it is changing. This year’s plenary session will focus on the surprisingly bright future(s) of liberal arts education. For our discussion, we have assembled the nation’s leading experts and theorists. The panel will be moderated by the inimitable higher education journalist, Sarah Bray, editor of AGB’s Trusteeship magazine (many of us also know Sarah from her years at the Chronicle of Higher Education).  Sarah will help attendees open the pages of this living magazine as our panel stimulates you to reflect on the future of liberal arts education in these challenging, yet opportunity-filled times.

The panel will discuss, inter alia, the “battle of metrics” to hold higher education more accountable in core mission delivery (e.g., the President’s Scorecard), the future of accreditation and accrediting bodies, forces and leaders of change, sectors of change, pipeline and innovation programs, the rapid globalization of higher education, and how to succeed in the face of serious economic challenges to the old ways of doing business.  The plenary will open with a special featured presentation from Kevin Kruger, President of NASPA, who will focus upon the critical role that modern student affairs plays in the future of quality liberal arts education.

We gather for only one plenary session with substantive content at this year’s conference. We have weathered many storms in the last few years, but we are stronger than ever. Come celebrate our future with the brightest minds and the most promising ideas in higher education. (In case you had not made the connection, one of our presenters was visited by the President of the United States who came to praise the innovation on his campus!) Long live liberal arts education in America!

4:30 - 6:30 p.m.
Liberated Libations – Networking Event
Sponsored by Maxient

6:00 - 9:00 p.m.
Awards Reception and Opening Dinner
Sponsored by The Gephardt Group-Government Affairs and The O Team

Monday, Feb. 17, 2014

8:00 - 9:00 a.m.
Early Bird Breakfast Mingle
Hosted by Center Coordinator Mercy Roberg  

Bring your business card to the breakfast mingle--a great time to network. Chat with your fellow attendees and discover what keeps each of you involved in higher education law and policy.

9:00 a.m. - 10:30 a.m.
Concurrent Sessions:

A. Employment Law Update - Part I
Presenters: Miriam McKendall, Deborah Brown, Jason Bent, and Davis O'Guinn

This two-part session has been designed to give attendees practical information on key labor and employment law and policy developments and how their institutions will be impacted.  In Part I, we will examine the proliferation of employment-related social media issues, including the recent AAUP draft report “Academic Freedom and Electronic Communications,” and provide the audience with guidance on managing the competing interests arising from an employee's and employer's use and monitoring of social media.  We will address the status of unpaid academic internships after the decision against Fox Searchlight Pictures for not paying certain interns working on the Black Swan production.  Given recent NLRB activity, we will also provide attendees with an update on what universities need to know about the latest adjunct faculty and graduate assistant union organizing efforts, and the current NLRB battles with religious institutions of higher education.   

B. "Fraternal Law" Live; Current Law and Policy Issues Affecting Greek Letter Organizations
Presenters: Tim Burke, Beth Stathos, Cindy Stellhorn, James Lincoln, and Mark Bauer

For those of you familiar with the publication “Fraternal Law,” this two-part session will be “Fraternal Law Live.” This session will feature a panel of experts who will discuss the relationship between fraternal organizations and institutions of higher education, membership procedures, disciplinary issues and other pressing topics. 

C. Disability Law Update: Recent Trends, Cases and Regulatory Guidance
Presenter: Laura Rothstein 

{SPECIAL NOTE: For attendees needing a primer on disability law, we highly recommend the Saturday Workshop.}

This session will provide a quick overview of current issues relating to disability discrimination on campus.  Issues relating to students, faculty, and staff as well as architectural barrier issues will be addressed.  The session will condense the materials covered in the three-hour Pre-Conference Workshop presented on Saturday afternoon on disability discrimination.  The shorter session is designed for those who cannot attend the Workshop and are seeking a general overview and update on regulatory guidance and judicial activity.  Particular focus will be devoted to some of the key current issues in higher education including mental health issues, documentation of disabilities, test accommodations, technology issues (web, classroom materials, distance learning), food allergies, assistance and emotional support animals, auxiliary aid issues, and returning veterans.

10:30 - 10:45 a.m. Coffee Break

10:45 a.m. - 12:00 p.m.
Concurrent Sessions

A. Employment Law Update- Part II
Presenters: Miriam McKendall, Deborah Brown, Jason Bent, and Davis O'Guinn

In Part II, we turn our focus to demonstrating the ease with which employment lawsuits can develop and the signs to watch for to learn if you are at risk.  Through an interactive combination of scenario-based training and discussion, the presenters will highlight the more common supervisory actions that cause lawsuits and impede the defense of employee claims.  Part II will help attendees learn to recognize and guard against the types of mistakes that can cause management decisions on employment matters to be (successfully) challenged.

B. “Fraternal Law” Live – Part II
Presenters: Tim Burke, Beth Stathos, Cindy Stellhorn, Mark Bauer and Laura Rothstein

Fraternities and sororities on campuses have a unique status.  They are private clubs, but depending on the relationship with the university, there may be substantial oversight through ownership of the physical property by the university, recognition as a student organization which grants certain privileges, oversight of membership recruitment/intake by a student affairs office, and other interconnections.  While the private club exception for fraternities and sororities may generally exempt them from coverage by certain civil rights statutes, that exception, that exemption “may” be lost in settings such as those noted above.  

This session focuses on the issues under the Americans with Disabilities Act that might arise in the event that the private club exception does not apply or where it may only apply to some aspects of the fraternal organization.   These issues include not only architectural barriers, but also discrimination and reasonable accommodation issues in settings such as mental health, providing services to individuals with sensory impairments, allowing support animals, addressing food allergies, and alcohol usage. 

C. Enterprise Risk Management (ERM) - Current and Future Trends in Risk Management
Presenter: Jean Demchak

We have entered an era of enterprise risk management-- ERM. In this session, a leader in global higher education insurance  will help guide you through the basics of ERM and how to implement ERM approaches on your campus---large or small, public or private. Participants will develop a more sophisticated understanding of risk management and learn practical tips related to the use of ERM strategies. In particular, your session leader will show you ways to incorporate risk management into operational decision-making and motivate staff to make risk management everyone’s job. ERM was once a luxury, but is rapidly becoming a necessity to survive and thrive in today’s increasingly complex higher education environment.
Learn to embrace risk and opportunity… 

12:00 – 1:30 p.m. Lunch

1:30 p.m. – 3:00 p.m.
Concurrent Sessions:

A. Social Media - Law and Policy Issues for Digital Natives and Techno-Luddites
Presenters: Jacob Rooksby, Karen Pennington, and Jeffrey Sun

OMG, does your institution have a social media policy? If not, should it? What should you be concerned about with respect to your institution's use of Twitter, Facebook, YouTube, and other online media? This session will discuss social media best practices for higher education in light of legal developments in this rapidly evolving specialized field of law. (Note: You will not need your teenage son or daughter to help you understand what the panel is talking about. LOL)

B. Globalization of Colleges and Universities
Presenters: Richard Sevcik and Robert Womble

This session will explore many of the issues faced by U.S. colleges and universities as their international activities move beyond study abroad programs to include initiatives such as foreign research activities, foreign clinical trials, foreign degree and non-degree revenue-generating programs targeted at “local” students, and foreign campuses, sometimes in a collaboration with a foreign college or university and sometimes not, in a process sometimes referred to as the “globalization” of colleges and universities. 

The issues to be explored will include:
•May the college or university conduct the desired activity in the foreign jurisdiction, and if so is a local “partner” required?
•May the college or university open a local bank account in the foreign jurisdiction, and if so is local registration or a local entity required?
•What restrictions are there on the ability of the college or university to transfer its funds into and out of the foreign jurisdiction?
•May the college or university assign members of its faculty and staff to work in the foreign jurisdiction as expatriate workers?
•May the college or university employ foreign workers in the foreign jurisdiction?
•Will the college or university be subject to the foreign jurisdiction’s taxes?
•Will the college or university’s expatriate workers be subject to the foreign jurisdiction’s taxes?
•What kinds of employee benefits are permitted or required for the college or university’s expatriate and foreign workers?
•What employment laws will apply to the college or university’s expatriate and foreign workers?
•What other laws should the college or university consider?

Contracts: A Primer for Higher Education Professionals
Presenter: Davis O'Guinn

When faced with a contract, do you really understand what you are signing? Join Mr. O’Guinn for an entry-level discussion of contracts, focusing on common issues that arise when negotiating contracts in a higher education setting. Mr. O’Guinn will cover the basics of contract formation and will help answer questions like the following: When the company that is setting up an inflatable obstacle course asks my institution to indemnify them, should I agree to this provision? Should I be concerned with a dispute resolution provision or a governing law and jurisdiction provision in a contract? What is a Force Majeure Clause? When the student programming board hires a Rock Band to perform at my institution, does the student life office have to ensure that a bowl of M&Ms are provided with all of the red ones removed?

3:00 – 4:30 p.m.
Concurrent Sessions:

A. Author Talk: Initiating, Collaborating and Developing Strategies for Change in Higher Education
Presenters: George McClellan and Margaret Barr

Higher education in the United States is in a time of unprecedented challenge and opportunity.  This session, based on the forthcoming book Initiating, Collaborating and Developing Strategies for Change in Higher Education  by Margaret Barr, George McClellan, and Arthur Sandeen (Jossey-Bass 2014),  will explore strategies that higher education professionals might employ in addressing those challenges and opportunities . The presentation will feature practical tips, case studies drawn from actual practice, and shared discussion. If you have not heard Peggy and George speak before, you are in for a treat. These well-known presenters do not just talk about change; they have been major leaders in reform efforts for decades. After this session you will believe even more strongly in your power to effect positive change in higher education.

B. Lessons to be Learned from the IRS Colleges and Universities Compliance Project
Presenters: Richard Sevcik and Robert Womble

Earlier this year, the Internal Revenue Service issued its final report on the Colleges and Universities Compliance Project.  This report summarizes the results of the survey that was performed by the IRS and the examinations that were conducted by the IRS on several colleges and universities.  The report highlights several issues and compliance risk areas, including the tax on unrelated business income and the intermediate sanctions rules.  This session will focus on these risk areas and also provide a summary of the rules on unrelated business income, as they relate to the operation of colleges and universities and their investments, and the intermediate sanctions rules and the application of the rebuttable presumption procedures.

C. Are Students Consumers? The Application of Consumer Protection Statutes to Higher Education
Presenter: Catherine Deneke

As student loan obligations increase and unemployment remains high, some students have become dissatisfied with the financial value of their education and have turned to the courts for relief.  In courts across the country, students are filing suit against their colleges and universities claiming violations of state consumer protection law.  But are students really consumers?  Should they be protected under the same statutes designed to protect consumers in traditional commercial transactions?  This session will cover the rise in such litigation, detail ways to avoid liability under state consumer protection statutes, and discuss how a shifting understanding of the “value” of higher education might expose colleges and universities to new areas of liability.

4:30 -5:00 p.m.
“Dear Colleague” Social Event

Sponsored by Pepper Hamilton LLP

5:00 p.m. - 6:30 p.m.
Crystal Ball 2014 - A Fun (but Mostly Serious) Look into the Crystal Ball: What Lies Ahead in 2014 and Beyond?
Sponsored by Pepper Hamilton LLP

2013 was an eventful year in higher education… what will 2014 bring? More than ever, it is imperative to project forward to try to anticipate the challenges and opportunities that lie ahead.  Last year’s “Crystal Ball” session led by George McClellan was the most fun and informative ever, and uncannily accurate in presaging the future. Come to this year’s panel featuring an all-star lineup of experts. Let’s look into that crystal ball once again….


Tuesday, Feb. 18, 2014

9:00 - 10:30 a.m.
Concurrent Workshops and Sessions

Workshop: The Evolution and Changing Role of the Chief Business Officer
Presenters: John Walda, Ed Kania, and Barbara Larson in collaboration with NACUBO

The role of the college or university business officer is an established one with early universities defining the role as “primarily responsible for administering university finances.”  No longer limited to the back office, today’s business officer is an integral member of the senior leadership circle with roles ranging from truth teller, exemplary manager, and guardian of resources to town crier, sheriff, and strategist.  The chief business officer provides the critical business, financial, and administrative support, as well as professional guidance that enables the institution to realize its academic mission of teaching, research, and public service.

Workshop: Veteran’s Rights - Part I
Presenters: Mark St. Louis, David DiRamio, Paul Viau, and Stacey-Rae Simcox

Who are our Student Veterans and are we Veteran-Friendly? With nearly one million post-9/11 veterans currently pursuing postsecondary education and an additional one million likely to do so by the end of the decade, institutions of higher learning in all educational sectors are grappling with the challenge to truly support their student veterans and to become legitimately veteran-friendly.

In this interactive workshop, which includes a panel of experts, participants will engage in a discussion of what it means to be veteran-friendly, be briefed on the latest in federal and state legislative and policy matters related to veterans, and go beyond stereotypes to develop an understanding of several unique populations within the veteran community, including women, students with disabilities, and dependent children using educational benefits

Concurrent Sessions:

A. The Beginning of the End of Amateur Athletics? Risk, Regulation, and Royalties.
Presenter: George McClellan and Jessica Gordy

This session will focus on select legal issues in intercollegiate athletics and recreation. The following topics will be addressed through an interactive discussion and review of real life examples: amateurism; social media and speech; concussions and institutional liability; sexual harassment and sexual violence (including sexual predation and Title IX); hazing and hostile environments; and other issues that participants chose to discuss. While drawing on the law, the focus of this section will not be on case law per se.

B. Leveraging DFSCA EDGAR Part 86 Compliance to Support Truly Effective Prevention Practice
Presenters: Helen Stubbs and Amy Kiger

You should expect the federal government to tie compliance with Title IX and the DFSCA to qualifying for financial aid in 2014. As campuses are increasingly asked to demonstrate compliance with federal alcohol and other drug (AOD) prevention mandates, a focus on the "bare minimum" in order to achieve compliance will yield only "bare minimum" results and may not meet federal requirements. This session will demonstrate how AOD prevention, reporting, and procedures can be leveraged to support truly effective alcohol prevention.

C. Are College "Courts" a Litigation Quagmire or Educational Opportunity? Examining Litigation and Policy Trends in College Discipline

Presenters: Corey Bowman and Gary Dickstein

Litigation over college discipline is on the rise: the federal government may be asking us to create and manage a college court system. This session, featuring a past president of ASCA (formerly ASJA), will walk attendees through the hottest law and policy issues in college discipline, including  training, model codes, the viability of honor codes in the modern regulatory/litigation environment, etc. Are there effective education-based alternatives to highly legalistic discipline systems?

10:30 - 10:45 a.m. Coffee Break

10:45 a.m. - 12:00 p.m.
Concurrent Workshops and Sessions

Workshop: Business Officers
National Higher Education Public Policy: What’s Driving it and Where Is it Going?
Presenter: John Walda in collaboration with NACUBO

Ongoing debates over deficit reduction, concerns over economic growth, and budgetary pressures continue to threaten the availability of both federal student aid and research funds. At the same time, higher education is under intense scrutiny in Washington, D.C.. Join John Walda, President and CEO of the National Association of College and University Business Officers (NACUBO), for the latest observations on today’s political and economic climate and learn about the wide-ranging implications for your institution. Hear the latest about the funding outlook, review recent and pending regulatory changes, and explore the road ahead as we move toward the next reauthorization of the Higher Education Act.

Workshop: Veteran’s Rights - Part II (see Part I)

Concurrent Sessions:

A. Campus Safety Law Update: Clery Act, SaVE Act, VAWA and National Center for Campus Public Safety
Presenters: S. Daniel Carter and Kim Vansell

There have been—and are going to be—several changes in the regulation of college safety. A new national center comes on line in February; there will be new regulations under several federal campus safety laws….and that is just the beginning. The federal government intends to play a much greater role in college safety. Come to this session to learn what is brewing and how to create a campus safety compliance system that works.

B. Legal or Compliance: Do you Know the Difference? Does it Matter?
Presenter: Linda Rawles

In today's highly regulated atmosphere, campuses across the nation are creating and expanding their compliance offices and increasing the number of lawyers in both compliance and legal. Many times, the compliance officers are licensed attorneys asked to write policy and procedure, research developments in the law and regulations, otherwise advise the institution, and even reside in the legal office.
These compliance officers are not legal counsel to the institution and they have a different function and constituency. The differences are often times misconstrued by the institution and even the lawyers and compliance personnel themselves.  Difficult questions arise about confidentiality and attorney-client privilege, who can interpret the law for whom, and which office defends and interacts with regulatory authority.
Join presenter Linda Rawles, both a licensed attorney and certified compliance officer, as she guides you through the differences and similarities in both offices and the pitfalls, challenges, and benefits that come with having both offices on campus.

C. FERPA Update
Presenter: Jacob Rooksby

Attend this session to learn about FERPA basics and updates.  Designed for lawyers and non-lawyers alike, this session is a perennial favorite at the conference given the importance of the subject matter.

12:00 p.m. - 1:30 p.m. Lunch

1:30 - 4:30 p.m.
Workshop: Business Officers as a Partner
Presenter: Ed Kania, Jen Day Shaw, and Charles Carletta

Colleges and universities are among the most complex organizations with operational and governance structures that do not easily adapt to change. Numerous internal and external constituencies place heavy compliance and transparency demands on institutional leaders.  Working together with other institutional leaders, including counsel, business officers facilitate transparency, ensure business decisions are grounded in sound analysis, and help shield the institution from harm.

Workshop: Beyond the April 4, 2011 "Dear Colleague" Letter: Working with Recent Title IX Guidance, Investigations and Resolution Agreements
Presenters: Gina Smith, Leslie Gomez, Dave Armstrong, Rachel Gettler, and Connie Kirkland

From the infamous April 4, 2011 Letter to the recent SUNY report, this  workshop will focus on recent guidance, investigations, and resolutions agreements.  You will hear from the top experts in the field on what is current best practices and learn practical implementation steps to take back to your institution.

Workshop: Law and Policy Trends in Admissions & Enrollment Management - From Fisher v. Texas to Using the Latest Techniques in Yields
Presenters: Ada Meloy, Jason Palmer, Oren Griffin, and Steven Bahls

With many universities and colleges facing declining enrollment numbers due to a variety of factors including, (but not limited, to the fear of student loan debt) higher education institutions must look at trends in admissions and enrollment management to help predict the future of institutions.  Join this group of panelists, whose perspectives will take us on a journey through the law schools across America to a college president’s office and into the halls of Washington, D.C.

4:30 – 6:30 p.m.
Conference Closing Event and Farewell

Wednesday, Feb. 19, 2014

9:00 a.m. – 12:00 p.m.
Workshop: Care Threat and Assessment Teams in Operation: Preparation in Advance of A National Mandate
Presenters: Jen Day Shaw, Brian Mistler, and Jeff Nolan

Providing comprehensive care, risk management, and threat assessment in a responsible way while protecting against liability and ensuring competence,  all at a reasonable price with the growing, often 24-7 demand for services is challenging. Yet, clarifications of Title II and increasing psychopathology among students entering college demand that we develop creative ways to manage risk mitigation and threat assessment with an ethic of care and limited budgets at both large public and small private institutions. We present key data and important factors to consider when evaluating risk of harm to self and others, review models for differentiating levels of risk, and share case studies to help participants at all institutional levels develop and apply response plans on their campuses through the use of targeted, scenario-based exercises.

*Anticipated sessions and speakers

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