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Schedule - National Conference on Law and Higher Education

Wednesday, Feb. 11 - Thursday, Feb. 12, 2015

URMIA Board Meeting & Regional Conference

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36th Annual National Conference on Law and Higher Education

Thursday, Feb. 12, 2015

9:00 a.m. – 4:00 p.m. 
Boot Camp: Higher Education Law & Policy Foundations
Presented by Mark Alexander, Oren R. Griffin, Peter F. Lake

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...

1:00 – 4:00 p.m.
Social Media Workshop
Presented by Jacob Rooksby

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

4:00 – 6:00 p.m. Social Hour

Friday, Feb. 13, 2015

9:00 a.m. – 12:00 p.m.
Foundations & Dimensions of Title IX Compliance Workshop
Charles P. Rose, Scott A. Coffina, Ginene Lewis

Government Perspectives on the Clery Act and Title IX Compliance and Enforcement
Moderated by Charles P. Rose
Hogan Marren, Ltd.

The growing list of universities and colleges under federal investigation over the handling of sexual violence and harassment complaints signals a clear message — no school is immune to federal enforcement efforts. As a result, higher education institutions must work vigorously to ensure compliance with campus sexual assault legislation, including but not limited to Title IX and the Clery Act. As schools begin to assess and update their policies in light of new guidance and regulations, administrators should consider how the Department of Education evaluates institutions’ campus security efforts and their response to sexual assault complaints.

In a discussion led by Charlie Rose, former General Counsel at the U.S. Department of Education,  representatives from the Office of Federal Student Aid, Office of Civil Rights, and Office of General Counsel will discuss how they approach federal investigations for possible violations of campus sexual assault legislation, common pitfalls with institutional responses to sexual assault, and best practices in this climate of enhanced enforcement.

Synthesizing Areas of Overlap Between Title IX and the Clery Act
Presented by Scott A. Coffina
Drinker Biddle & Reath LLP

Despite the recent guidance on Title IX and new Clery Act regulations, there are still areas where the mandates of the two statutes overlap and the requirements of each are not necessarily aligned. Previous investigations conducted by the Office of Civil Rights and Office of Federal Student Aid demonstrate that a compliance review for one statute may also raise potential compliance concerns regarding the other. With a focus on the overlapping and independent requirements of Title IX and the Clery Act, this workshop will assist administrators to synthesize the requirements of both mandates and develop the proper controls to ensure simultaneous compliance.

9:00 a.m. – 12:00 p.m.
Disability Law Workshop
Presented by Laura Rothstein, Jen Day Shaw, James Kessler

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 handful of experts on campus – it is now everyone’s job.

Speaker Laura Rothstein will guide you on issues relating to students, faculty and staff regarding current issues on disability laws on campus. The introductory portion of this 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 sup- port animals, auxiliary aid issues and returning veterans.

12:00 – 1:30 p.m. Opening Plenary Lunch
Speaker - Richard S. Levick

1:30 p.m. – 4:15 p.m.
Foundations & Dimensions of Title IX Compliance (cont'd)

Ensuring Compliance and Managing Risks in a Changing Environment: A Discussion with the General Counsel
Moderated by Scott A. Coffina
Drinker Biddle & Reath LLP

Panelists: Nicole Fournier Gelston, Lawrence Morris, Carolyn Egan

The intense focus of the White House, the Department of Education, Congress, activists and the media on schools’ sexual assault prevention and response policies and enforcement of Title IX and the Clery Act significantly increases the legal and reputational risk to institutions when incidents occur. In this session, legal counsel from schools large and small will discuss how they manage these risks and oversee their institutions’ compliance efforts.

Procedural Steps to Getting it Right: A Look at Sexual Harassment Investigations on College Campuses
Moderated by Ginene A. Lewis
Drinker Biddle & Reath LLP

Panelists: Elizabeth Conklin, Anthony Walesby, Jody Shipper

In this new climate of aggressive administrative enforcement and civil litigation, schools must take a close look at its investigatory process for handling sexual misconduct on college campuses to ensure that this process is fair to both the accuser and the accused. This panel envisions a free-wheeling discussion with Title IX coordinators and university counsel about critical issues related to sexual misconduct investigations, such as the pros and cons of different investigatory protocols, maintaining confidentiality while responding to a complaint, applying the preponderance of the evidence standard, engaging law enforcement and other community partners, and the development of support infrastructures for Title IX coordinators and investigators.

1:30 – 4:00 p.m.
Disability Law (cont’d)

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 sup- port animals, auxiliary aid issues and returning veterans.

1:30 - 4:00 p.m.
Internal Investigations in Higher Education
Presented by Melissa Nelson, Oren Griffin, George McCellan

This session will focus on internal investigations involving academic fraud, financial fraud, and other types of internal investigations (non-Title IX) on a college campus.


4:00 – 6:00 p.m. Reception 

Saturday, Feb. 14, 2015

8:00 a.m. – 9:00 a.m.
National Center for Campus Public Safety Breakfast

Please join Kim Vansell, Director of the National Center for Campus Public Safety and Steven Healy from Margolis Healy for breakfast as they discuss the newest initiatives on campus public safety.

9:00 a.m. – 12:00 p.m.
Advanced Training – Title IX Teams Workshop
Presented by Gina Smith, Leslie Gomez, Jody Shipper

This full day interactive workshop will allow attendees to share challenges and identify solutions in the practical implementation of the ever-evolving regulatory framework. The passage of the Reauthorization of the Violence Against Women Act of 2013, and its accompanying regulations in October 2014, draw into sharp focus the significant overlap between Title IX and Clery and the challenges of implementation across campus departments. This session will focus on integrated and coordinated solutions through the development of a multidisciplinary Title IX team. Attendees will explore emerging and effective practices for building and supporting a Title IX Team, coordinating personnel, identifying roles and responsibilities, building protocols for communication, designing decision-making templates and systematizing documentation and record-keeping. Special topics of focus will include: integrating employee reporting responsibilities (responsible employee, campus security authority, mandatory child abuse reporter); coordination with law enforcement; the team approach to the confidentiality conundrum; and coordinating faculty and staff processes with Title IX policies. Attendees should have a working knowledge of Title IX, Clery and VAWA, and come prepared to share and tackle their most vexing campus challenges. Don't rest over lunch, this session may involve some homework. Attendees will be asked to be familiar with a recommended reading list provided in advance.

9:00 a.m. – 12:00 p.m.
Litigation Update Workshop
Presented by David Armstrong, Bob Smith, Bev Ledbetter, S. Daniel Carter, Mark St. Louis, Jean Demchak

2014: A Year of Litigation. Back by popular demand, the speakers will cover cases that made a significant impact on higher education in 2014. The session will also highlight the cases you should watch in 2015.

9:00 a.m. – 12:00 p.m.
College Ratings System: the Obama rating proposal and the potential implications for higher education.
Presented by Tim Birtwistle, Holiday McKiernan, Thomas Major, Fred Bonner

This session will explore the ratings proposal, delving into the "problems" the proposal is trying to solve. Discussion will focus on challenges facing higher education and the opportunity campus leaders have to create the system the country needs.

9:00 a.m. – 10:00 a.m.
FERPA Update 
Presented by Jacob Rooksby

Join Professor Rooksby for a quick overview of the 2014 changes in FERPA and what 2015 will bring.

12:00 – 1:30 p.m.
Plenary Lunch
Speaker – Emily Yoffe

1:30 – 4:00 p.m.
Advanced Training – Title IX Teams (cont’d)

1:30 – 4:00 p.m.
Litigation Update (cont’d)

Higher Education litigation trends form a unique connection between managing risks intelligently and underwriting by insurers of the industry as a whole. This connection has become foundational to the strategic risk management approach embraced by many senior management stakeholders across campus. These stakeholders range from heads of each area of operation to President and Board Level engagement. This session will provide a baseline of litigation trends driving claims across the industry, review techniques current to managing those risks and how enterprise risk management supports strategy by establishment of risk owners in the institution. We will also discuss role clarity amongst legal counsel, compliance, business officers and risk management to support this approach.

4:00 – 5:00 p.m.
Plenary Session: The Roberts Court Finds Religion
Speaker – William “Bill” Thro

Although the Court's 2010 decision in Christian Legal Society represented a "serious setback for freedom," more recent decisions represent a restoration and revitalization of religious liberty. Specifically, Hosanna Tabor, Town of Greece, and Hobby Lobby recognize the Constitution's "special solicitude" for people of faith and faith based expression. These developments have serious implications for higher education, the one area of American where people from a variety of faith traditions and no faith traditions come together.

5:00– 6:00 p.m. Crystal Ball Reception

Sunday, Feb. 15, 2015

9:00 a.m. – 12:00 p.m.
Employment Law
Presented by Miriam McKendall and Deborah C. Brown

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 are being affected.

In Part I of this session, we will examine the EEOC’s recent expansiveness on both pregnancy accommodation and issues of sexual orientation and gender identify/expression coverage under Title VII. Given recent Ebola fears, we will also spotlight how to manage communicable diseases in the workplace, including the ADA health and safety exception in practice, the scope of permissible employee fitness exams, and what employers can require. We will also tackle the difficult but increasingly common question of when is a student an employee, using as a backdrop the Northwestern football case involving student athletes as employees, a recent claim for FLSA wages by student athletes, the use of student interns and volunteers and their status under various employment laws. Finally, given recent federal executive order changes on veterans and persons with disabilities, and the plethora of additional executive orders on a multitude of topics, we will provide a quick overview summary of the latest developments for institutions subject to these requirements.

In Part II, we turn our focus to ongoing skill development by working through short scenarios in which attendees will “show what they know.” Through interactive discussion, the presenters will highlight several difficult employment hypothetical situations and the options for effectively managing the issues involved. We will conclude this interactive portion of the session with an overview and discussion of the common reasons employers get sued and the steps that leaders can take to favorably influence ultimate litigation outcomes.

9:00 a.m. – 12:00 p.m.
Social Media Workshop
Presented by Jacob Rooksby

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

12:00 – 1:30 p.m.
Plenary Lunch 
Speakers – Connie Kirkland, Laura Dunn, Kristina Anderson

This plenary will present sexual assault survivor issues from three different perspectives – survivor, advocate, and administration. The challenges of responding appropriately will be the main focus, incorporating how your institution can comply with recent legislation and keep the survivor engaged in the system of her or his choice.

1:30 – 4:00 p.m.
Asking the Right Questions About Advocacy in Higher Education
Presented by Peter F. Lake, Cindi Love

The role of advocacy in American higher education is suddenly growing. The increasing presence of lawyers on campuses – even if as “potted plants” in Title IX grievance processes – is one very visible feature of the new advocacy culture. (We soon may be running “college courts” and…gulp….law schools may begin training college court advocates!). However, effective advocacy in higher education is not the sole domain of the legally trained, nor are advocacy issues confined to Title IX compliance. Higher education features many dimensions of advocacy and many different types of advocates.

This provocative, highly interactive session will facilitate dialogue on several critical questions including:

  • What is advocacy?
  • What types of advocacy are there?
  • Who is an effective advocate? Who is not?
  • When is advocacy necessary and appropriate? When is it not?
  • Who are effective advocates? What kinds of skills, training, demeanor and temperament do they possess?
  • Should advocates be personally committed to the causes or ideas they advocate?
  • Who should choose advocates? When should and advocate be dismissed?
  • How does an increase in advocacy serve to promote educational goals? Interfere with them?
  • Are lawyers effective advocates in higher education?
  • When is self-advocacy effective? When is it not?
  • When is advocacy oppositional? When is it collaborative?
  • Is advocacy a Socratic or didactic process? Neither? Something else?

This session offers participants the opportunity to reflect more deeply on the growth and implications of advocacy culture… and ask the right questions about advocacy.

Cindi Love is the executive director of ACPA—College Student Educators International, and has significant experience in higher education, for-profit and non-profit management, and social justice work, and is currently leading ACPA’s current strategic plan and guiding their future through her contributions to higher education and student services globally.

Prof. Charles H. Rose III is the director of the Center for Excellence in Advocacy and Professor of Excellence in Trial Advocacy. Professor Rose is a nationally recognized advocacy teacher. He has taught advocacy for the National Institute of Trial Advocacy (NITA), the University of Notre Dame, and the United States Army. Professor Rose joined Stetson in 2004 upon his retirement from active duty service in the United States Army. Under his leadership, Stetson University College of Law has been ranked #1 in the nation for trial advocacy by U.S. News and World Report.

1:30 - 4:00 p.m.
Student Assistance & Threat Assessment Teams Workshop
Presented by Gene Deisinger, Jeffrey J. Nolan, Jen Day Shaw, Brian Mistler

Universities face myriad challenges regarding the safety and well-being of the campus community. These include complex mental health and other disability issues, suicidality & self-injurious behaviors, trauma, sexual violence, domestic & dating violence, stalking, and threats of violent or seriously disruptive behavior.

These must be addressed, not only with attention to complex (and sometimes confusing) regulatory and compliance issues, but also in consideration of privacy, due process, and balancing the needs of individuals with those of the larger community. Many campuses have developed collaborative, multi-disciplinary team processes to support students, faculty and/or staff and manage difficult and potentially dangerous situations.

In this two day Sunday afternoon and continued on Monday morning session - interactive workshop, our multi-disciplinary team of facilitators will help participants identify critical issues facing campuses and to maximize (and integrate) the use of collaborative processes in dealing those issues.

Monday, Feb. 16, 2015

9:00 – 12:00 p.m.
Student Assistance & Threat Assessment Teams Workshop (continued)

This is a continuation from the Sunday afternoon workshop.

 

 

*Anticipated Schedule - check for weekly updates and details!

Registration Pricing:

Main Event February 13-16, 2015
Early registration $825.00
until Oct. 31, 2014.


Individual Rate: Regular $950.00
starting November 1, 2014.

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:

URMIA Regional Conference - » More

Boot Camp: Fundamentals of Higher Education Law and Policy Thursday, Feb. 12, 2015. $350.00

Title IX Teams Saturday, Feb. 14, 2015. Individual Rate: $500.00


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

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