2020 Schedule - National Conference on Law and Higher Education

Topics and Sessions*

Wednesday, Jan. 29

Welcome Session — Pirate Cruise Meet and Greet  (Optional)

4:30 p.m. - 7:30 p.m.

Join us on the dock for a boat ride and the sunset. You can purchase tickets here for yourself, your family, and friends!
Select early season, input the date of Jan. 29, select the 5:00 p.m. sunset sail!

>> Purchase tickets 

Thursday, Jan. 30 

Registration Open: 7:30 a.m. – 5 p.m. – Dunes Foyer

Breakfast: 8 a.m. – 9 a.m. – Dunes Foyer 

Morning Concurrent Sessions:

Boot Camp: Higher Education Law and Policy Foundations (Conf. add-on)

9 a.m. – 11:45 a.m. – Pelican

Peter F. Lake, Oren Griffin, Kimberley Timpf

This boot camp focuses on some fundamentals of higher education law and policy, and is designed to help participants prepare for the topic specific conference sessions. The session will be valuable for lawyers entering the field and is geared to appeal to non-lawyers. The boot camp will improve your understanding of basic principles of higher education law and policy — and may serve as a refresher for experienced professionals. The format will be highly interactive and includes discussion of . . .

  • 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 best to work with lawyers, the legal system, and legal materials
  • and more!

TIX Investigator Training Part I

9 a.m. – 11:45 a.m. – Dunes I/II

Taylor Sinclair, Jennifer Hammat

* Comes withCertificate of Completion – must attend Part I & II to receive certificate.

Part 1: This session will focus on the specific knowledge and skill sets that are essential for Title IX investigators. Join us as we walk through a Title IX case from beginning to end. On the way you will learn about effective investigative procedures, interim measures, credibility assessments, and report writing.

Prevention Strategies in a Compliance Culture

9 a.m. – 11:45 a.m. – Dunes IV/V

Eric Davidson, Ashley Blamey

Lunch on your own: 12 p.m. – 1:15 p.m.

Afternoon Concurrent Sessions: 

Boot Camp: Higher Education Law and Policy Foundations Continued

1:30 p.m. – 4 p.m. – Pelican

Peter F. Lake, Oren Griffin

See morning description. 

TIX Investigator Training Part II

1:30 p.m. – 4 p.m. – Dunes I/II

Taylor Sinclair, Jennifer Hammat

* Comes with a Certificate of Completion – must attend Part I & II to receive certificate.

Part 2: Title IX compliance is rapidly evolving, which means that colleges and universities must be more versatile than ever to keep up. In this session we will examine the nuts and bolts of Title IX through the lens of new developments. New/pending regulations, ground-shifting case law . . . it's all here! We break down these new developments so you can weave them into your institution's policies, procedures, and culture.

Prevention Strategies in a Compliance Culture

1:30 p.m. – 4 p.m. – Dunes IV/V

Eric Davidson, Kimberley Timpf, Ashley Blamey

Book Discussion & Networking Session

4:30 p.m. – 5:30 p.m. – Pelican

Cash Bar

Book: Student Clashes on Campus: A Leadership Guide to Free Speech

Author: George McClellan

Friday, Jan. 31

Registration Open: 7:30 a.m. – 5 p.m. – Dunes Foyer

Breakfast: 8 a.m. – 9 a.m. – Dunes Foyer

Morning Concurrent Sessions:

Technology Giveth and Technology Taketh Away: How to Reconcile the VAWA Amendments to the Clery Act with Technological Tools that Make Compliance Easier, and Tools That Make It Harder.

9 a.m. – 11:45 a.m. – Pelican

Taylor Sinclair, Joe Storch, Gemma Rinefierd

The 2013 Violence Against Women Act amendments to the Clery Act made many important changes to prevention and response in cases of sexual and interpersonal violence. Campuses can better meet these requirements with certain technological tools, nearly all of them available at no cost. Some tools will also meet Title IX requirements. The session will discuss tools to help campuses comply with these (and even exceed) these requirements. At the same time, technological changes have made proper response to violence more complicated while making it easier for students to commit certain violations. This session will highlight some of those challenges, discuss ways to address them, and share best practices. Technology giveth and technology taketh away, and this session will move fast. We will include a lot of cutting-edge content and provide opportunities for questions and discussion.

Free Speech Isn't Free

9 a.m. – 11:45 a.m. – Dunes I/II

John Kroger, KB Melear, Will Creeley, Jim Hundrieser, Neal Hutchens, Kristina Hartman, Ryan Holmes

"Free Speech Isn't Free" aptly describes our morning session, which is focused on administrative responses to free speech. This conversational session will explore questions frequently faced by college and university administrators. Experts in the field will provide their insights regarding appropriate administrative responses to speech issues across a range of concerns. This session will be interactive in nature, including "on the ground" anecdotes, and will highlight topics faced by postsecondary institutions as we seek simultaneously to protect speech rights and preserve the educational process.

TIX Regulatory Update

9 a.m. – 11:45 a.m. – Dunes IV/V

Debbie Osgood, Jennifer Hammat

This session will examine the many swirling questions about the new (or still pending) Title IX rules. What do the new rules require colleges and universities do to address sexual misconduct? What specific changes will need to be made to an institution's policies and procedures, organization, and culture? Exactly what do institutions need to do relating to Title IX investigations, hearings and cross examination, off campus harassment, standards of evidence for sexual misconduct and other misconduct, and supportive measures? When will the rules go into effect? What types of complaints will OCR investigate under the new rules? Can an institution choose to do more than what is required under the new Title IX rules? We'll do our best to answer them all.

Lunch: Welcome Session and ADR Panel

12 p.m. - 1:15 p.m. – Dunes III

Sarah Brown, Kristine Goodwin, Andrew Luptak, Jane Greenspan, Linda Miller

This panel will feature a discussion among dispute resolution experts about their experiences with ADR on campus and the value that mediation can bring to conflicting campus constituents as a non-adversarial resolution process.

Afternoon Concurrent Sessions:

Greek Life

1:30 p.m. – 4 p.m. – Pelican

Tim Burke, Beth Stathos, Timothy Kessler-Cleary

Greek Life on college campuses is not going away. This session will feature a discussion of the challenges and benefits of the relationship between fraternities and sororities and the institutions of higher education where they exist. It will discuss the numerous strains on that relationship that threaten more litigation and adverse impacts on the student experience. 

A Holistic Approach to Preventing Sexual Harassment in the Academic Workplace

1:30 p.m. – 4 p.m. – Heron

Elizabeth Bille, Holly Rider-Milkovich

Most institutions deliver sexual harassment training in the workplace, but research says it is likely not enough to move the needle on this critical issue. Join this session to learn a new framework for building an institution-wide comprehensive sexual harassment prevention effort for faculty and staff, understand how this framework has been used to strengthen efforts at one university, and take away key questions and considerations to start building your own institution's prevention strategy.

First Amendment and Free Expression

1:30 p.m. – 4 p.m. – Dunes I/II

John Kroger, Jim Hundrieser, Will Creeley, Bill Thro, Ryan Holmes, Kristina Hartman, Neal Hutchens

The session will cover ongoing and emerging First Amendment topics and challenges around free speech and expression involving members of our campus communities (students, faculty and staff) as well as individuals and groups external to the institution. With presenters representing a variety of stakeholder positions in higher education, the session promises to provide a range of views and perspectives on cutting edge First Amendment speech and expression topics in higher education. The session is meant to be conversational and interactive. After each presenter shares a brief overview of a “hot” First Amendment speech issue, the panel will then engage in dialogue and conversation, which will include the opportunity for questions from those attending the session. 

Students' Due Process Rights: The times they are a-changin'

1:30 p.m. – 4 p.m. – Dunes IV/V

Jim Newberry, Charles Rose, Andy Luptak

College students' due process rights are rapidly changing, and more change is expected in the future. A Title IX Coordinator, a law school dean, and a lawyer who frequently represents colleges in Title IX matters and student conduct hearings will discuss the current state of due process obligations under Title IX and what the future due process obligations may exist in student conduct hearings – even for private institutions. Prepare for an interactive session that will address both the challenges and opportunities which lie ahead for student life professionals and their institutions.

Evening:

Sunset Celebration with Live Music

5:30 – 6:30 p.m. (Sunset 6:11 p.m.) – See you in the Sand—near Pier 3!

Saturday, Feb. 1

Registration Open: 7:30 a.m. – 5 p.m. – Dunes Foyer

Breakfast: 8 a.m. – 9 a.m. – Dunes Foyer 

Morning Concurrent Sessions: 

Inside the Beltway: Legislation and Regulation Update

9 a.m. – 11:45 a.m. – Pelican

Jonathan Tarnow , John Przypyszny, Luke Messer

As Washington, DC heads into another presidential election year, higher education institutions face a legislative and regulatory landscape full of change and uncertainty. This session will discuss the current higher education policy outlook in the nation's capital, including the prospects for Higher Education Act reauthorization in 2020 and key provisions of the House education committee's reauthorization bill; the U.S. Department of Education's recent regulatory changes in the areas of accreditation, state authorization, financial responsibility and borrower defenses to repayment; new federal audit requirements focused on institutions' data privacy and security compliance; and enhanced requirements for reporting of foreign gifts and contracts.

Higher Education and the ADA – Thirty Years Later – What Issues Continue, What is New, and How to Proactively Prepare for ADA Campus Issues – Part I

9 a.m. – 11:45 a.m. – Dunes I/II

Laura Rothstein, Jim Kessler, Bill Stackman

Disability issues in higher education settings have remained an important priority for college and university administrators, policymakers, legal counsel, and others. The year 2020 marks the 30th anniversary of the Americans with Disabilities Act, which built on Section 504 from 1973. The issues receiving attention in 1990 included accommodations, such as additional time for exams or course substitutions for students with learning disabilities, whether individuals were otherwise qualified (including whether there was a direct threat), whether an individual was disabled within the statute, and some architectural barrier issues. Thirty years later, while these issues continue to receive attention, there is new focus on animal accommodations on campus, technology access (websites, classroom teaching, and distance learning), mental health concerns, the relationship of professional licensing to admission to health care professional programs, and disability concerns related to aging baby boomer faculty members. This full day program will provide a basic overview of the ADA and Section 504, but will primarily focus on hot topics and the means and benefits of taking a proactive approach to developing policies, practices and procedures to avoid disputes. It will also provide a historical comparison between ADA on campus in 1990 and today. The session will be similar to the 2019 program with updates and trends. 

Litigation Update

9 a.m. – 11:45 a.m. – Dunes IV/V

Debbie Osgood, Michael Raupp, Jean Demchak, Charles Moran

Lunch Keynote – Rob Buelow

12 p.m. – 1:15 p.m. – Dunes III 

Afternoon Concurrent Sessions:

Dispute Resolution Processes: Mediation and Adjudication

1:30 p.m. – 4 p.m. – Pelican

Justice Jane Greenspan and Judge Linda Miller

This session will examine mediation as an informal resolution process and compare it to adjudicative hearings as a resolution process. The session will explore the qualities of decision makers, the use of experienced neutrals, issues of credibility, and hypothetical cases. It is intended to be interactive and audience participation will be encouraged.

Lawyers, Lawyers Everywhere

1:30 p.m. – 4 p.m. – Heron

Sarah Brown, Brent Ericson, Bill Thro

The number of lawyers in higher education is increasing, and they're wielding more influence. In many ways, that's a good thing. Policies and processes are better written. Students have more rights when they face disciplinary charges. Aministrators have gained a greater understanding of their obligations under the many laws governing higher education. But sometimes, fear of litigation can stymie rational decision-making and prevent campus officials from doing what's best for students. Join a discussion about lawyer roles in higher education and the implications of their heightened involvement.

Higher Education and the ADA – Thirty Years Later – What Issues Continue, What is New, and How to Proactively Prepare for ADA Campus Issues – Part II

1:30 p.m. – 4 p.m. Dunes I/II

Laura Rothstein, Jim Kessler, Bill Stackman

This session is a continuation of the morning session.

Litigation and Risk Management Update

1:30 p.m. – 4 p.m. – Dunes IV/V

Debbie Osgood, Michael Raupp, Jean Demchak, Charles Moran 

Evening:

Crystal Ball Predictions Panel

4:30 p.m. – 5:30 p.m. – Dunes III

Cash Bar

This session will review the major higher education regulatory and policy developments under the current administration, including multiple negotiated rule makings and shifts in sub-regulatory guidance. Join our panel of visionaries as they look into the future of higher education. 

Sunday, Feb. 2

Registration Open: 7:30 a.m. – 5 p.m. – Dunes Foyer

Breakfast: 8 a.m. – 9 a.m. – Dunes Foyer

Morning Concurrent Sessions:

Challenges and Opportunities in Executive Placement

9 a.m. – 11:45 a.m. – Pelican

Sydney Giller, Becca Kennedy, Charles Rose

There are different career paths available to people with legal experience in higher education and new opportunities coming online all of the time. We will have a dialogue about the best ways to identify new opportunities for career advancement, how to strategize about your job search, and how to engage with an executive search firm. This will be an interactive session so come prepared to engage!

Managing Threats on Campus: Lessons Learned in Prevention, Preparation, Response and Recovery

9 a.m. – 11:45 a.m. – Heron

Gene Deisinger, Jim Haggerty, Bill Stackman, Francisco Ortiz

As campuses face increased scrutiny regarding how they prevent, prepare, respond to and recover from incidents of violence, campus leaders strive to “get it right” and to effectively apply standards of practice. This session, facilitated by a multi-disciplinary panel of expert practitioners, will involve a discussion of critical lessons learned and confirmed, emphasizing the importance of communication, collaboration, and coordination of efforts. Participants will have an opportunity to address challenges and opportunities to enhance the policy, process, and practice of threat management in their campus environment. 

Employment Law Critical Issues Part I

9 a.m. – 11:45 a.m. – Dunes I/II

Oren Griffin, Susan Deniker, Mark Alexander, Elizabeth Bille, Kelly DeGance

This session offers an in-depth examination of contemporary employment law legal issues that confront colleges and universities across the country. The full day session includes three (3) dynamic segments led by a talented panel of labor and employment law attorneys and policy experts with substantial experience in representing and advising institutions of higher education on a host of legal issues. Part I of this session will focus on recent decisions before the US Supreme Court, as well as relevant state law developments that influence employment law concerns at public and/or private institutions of higher education.

Esports: An Update on Law, Policy, and Practice

9 a.m.– 11:45 a.m. – Dunes IV/V

Ryan Arnett, George McClellan, Amy L. Piccola

 What is new in esports in higher education? The presenters will make the case that the answer is a lot and yet not enough. Rapid expansion and developing structures in competition and governance are among the examples of the former, and the challenges of application of contract and intellectual property law, assuring equal access and opportunity, and promoting student-athlete welfare are examples of the latter. Join us for a highly interactive session.

Lunch Keynote Presentation – Jody Shipper

12 p.m. – 1:15 p.m. – Dunes III 

Afternoon Concurrent Sessions:

The State of Affirmative Action – What We Know from The Courts and Agencies and Maintaining Diversity

1:30 p.m. – 2:45 p.m. – Pelican

Laura Rothstein, Bill Thro

The goal of this session is to highlight the framework from the 2016 Supreme Court decision, the more recent decision in the Harvard litigation, and the changes to the Supreme Court. It will also focus not only on what is currently permissible by courts and state law, but also on maintaining diversity, even in those jurisdictions where the use of race is very limited. The session will cover the same topics as the Stetson 2019 program, but with updates on Harvard and other developments in the past year.

Generational Analysis and Enrollment

1:30 p.m. – 2:45 p.m. – Heron

Jim Hundrieser

Gen Z or iGen, our current traditional aged college students are vastly different from their Millennial predecessors, and from any other generation. Gen Z's may be the first true lifelong learners engaging with higher education throughout their lifetimes. They seek to learn new skills and credentials to thrive in their careers. They also seek an affordable and flexible structure that allows them to work, play, engage, and be entertained all on their own schedule. Pressure will continue to build for colleges and universities to change and transform into a far less traditional construct. This session will explore what Generation Z is expecting and ways for higher education institutions need to enroll and engage with this and future generations differently. 

Employment Law Critical Issues Part II

1:30 p.m. – 2:45 p.m. – Dunes I/II

Oren Griffin, Susan Deniker, Mark Alexander, Elizabeth Bille, Kelly DeGance

A continuation of the morning session, Part II will examine the challenge of workplace investigations and regulating employee speech at colleges and universities, especially in matters where academic freedom and political speech collide with concerns regarding faculty misconduct.

Inclusive Campus Policy: Meeting the Needs of Non-Binary and Gender Nonconforming Students

1:30 p.m. – 2:45 p.m. – Dunes IV/V

Naomi Ardjomand-Kermani, Jahanna Azarian

Participants will acquire cultural competency skills in order to better serve students that identify as non-binary (Enby) or gender non-conforming (GNC) and apply these in their learning environments. Hear how impending Supreme Court decisions will influence the legal landscape across institutions of higher education. Attendees will learn the need for the application of cultural competence related to these student populations and how this relates to risk behaviors and risk factors that affect these marginalized populations. This session will further assist institutions in assessing how to access and provide recommendations/referrals to these students to ensure that learning environments accurately accommodate these students' needs.

2:45 p.m. – 3 p.m. Break

Contract Review for Non-Lawyers

3 p.m. – 4 p.m. – Pelican

Heather Leifer, Mark St. Louis

Contract review, particularly for non-lawyers, can at times feel daunting. This session is designed to help attendees identify and understand some of the issues and terms that should be of most concern, to communicate more effectively with counsel and with the other party to agreements about those issues and terms, and to answer the questions that attendees wished they knew but had been afraid to ask. Topics will include an overview of some of the differences between public and private institutions, privacy, accessibility issues related to technology, indemnification, and more.

Beyond Rehab

3 p.m. – 4 p.m. – Heron

Tom Bennett, Brent Ericson 

This session will explore the growing need for institutions to offer addiction recovery services for students. Institutions that currently have programs for students in recovery or those that are considering implementation are invited to attend. The presenters will offer their thoughts on how colleges and universities—and treatment centers—can think beyond rehabilitation to support students during challenging mental health struggles more holistic and comprehensive ways. The presenters will provide specific thoughts on how to improve on-campus resources for students while giving greater visibility to vital third-party resources.

Employment Law Critical Issues Part III

3 p.m. – 4 p.m. – Dunes I/II

This is a continuation of the morning session Part I and afternoon Part II. This session will center on the need for effective policy and training responses for faculty and staff in an effort to avoid workplace conflict prohibited under federal and state law. Please join us for an informative and interactive session.

Conversations with the NCAA about Issues in Student Athletics

3 p.m. – 4 p.m. – Dunes IV/V

George McClellan & Scott Bearby

Intercollegiate athletics play a prominent role in American higher education and are often the center of significant law and policy debates and developments. Issues of amateurism, emerging sports, gambling, gender equity, and student-athlete welfare are currently among the athletics-related issues receiving considerable attention. Join us for a discussion of these and other topics of interest.

Monday, Feb. 3 

Registration Open: 7:30 a.m. – 12:30 p.m. – 3rd Floor Foyer

Breakfast 8 a.m. – 9 a.m. – 3rd Floor Foyer

Concurrent Sessions: 

Mediation on Campus

9 a.m. – 11:45 a.m. – Sandpiper I

Kristine Goodwin, Richard Birke

Over the past 50 years, mediation has all but taken over the world of dispute resolution. It is the primary method used to resolve employment disputes, family dissolutions, public policy issues, catastrophic injury and accident lawsuits, and pretty much every other category of dispute. While some educational institutions use mediation in some matters, campuses have been slower to embrace mediation as a method for resolving serious problems. For many reasons (including pending DOE regulations), this is likely to change, and higher ed administrators and personnel will need to learn a lot and in a hurry.

In this highly interactive workshop, presenters Kristine Goodwin and Richard Birke will help participants understand the potential for mediation in higher education, how to mediate effectively, and how to design self-sustaining mediation programs on campus.

Got Hearings?

9 a.m. – 11:45 a.m. Sandpiper II

Jody Shipper

Perhaps you have been conducting hearings and wish they could run smoother. Maybe it has been years since your campus has conducted a hearing. This session will offer practical advice on setting up hearings, navigating evidentiary and procedural snafus that may arise, and some of the trickier issues for which you should be prepared. Attendees will also have the opportunity to practice, and all participants will play a role in making key decisions about the outcome of a mock case. A case packet will be distributed and attendees are encouraged to grab breakfast and review this packet prior to the session.

*Subject to modification.

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