Welcome! NACUA 2006 March CLE Workshop

Continuing Legal
Education Workshop

The Challenge of Change: College and University Employment Law in the New Millennium

March 15, 2006- March 17, 2006
Pan Pacific Hotel
San Francisco, CA

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Wednesday, March 15

1:00 pm - 1:15 pm	Introduction to the Program Melinda Grier, President, NACUA General Counsel, University of Oregon Kathleen Curry Santora, CEO, NACUA
1:15 pm - 2:00 pm	01. The College and University Workforce Today and Tomorrow Current and future workforce demographics Generational attitudes and workplace impact-- behavior, communication and work ethic Moderator: John Wolf, Rutgers, The State University of New Jersey Speakers: Roosevelt Thomas, Jr., Vice President for Human Resources, University of Miami

2:00 pm - 2:45 pm	02. A Longitudinal Look at Higher Education Employment Litigation Current trends Future vulnerabilities Moderator: John Wolf, Rutgers, The State University of New Jersey Speakers: Bruce Melton, Babbitt & Melton, Chicago, IL Robb Jones, United Educators, Chevy Chase, MD
2:45 pm - 3:00 pm	Break
3:00 pm - 4:00 pm	03. The College and University Human Resources Department: Meet Your Client H.R. Department structure and responsibilities What H.R. should expect from the campus lawyer…and vice versa Moderator Sean Burke, University of Pennsylvania Speakers: Kyle Cavanaugh, Vice President for Human Resource Services, University of Florida Charlene Hayes, Vice President for Human Resources, The Johns Hopkins University
4:00 pm - 4:15 pm	Break
4:15 pm - 5:30 pm	04. Do Your Employment Policies Pass the Test? The Lawyer's Favorite Policies: non-fraternization arbitration disclaimers ... and more The seesaw of balancing flexibility and specificity Squaring up your policies with your recruiting and hiring documents Making your policy "real" by training senior administrators Moderator: Elise K. Traynum, Hastings College of Law Speakers: Ann H. Franke, WiseResultsLLC, Washington, DC Stephen J. Hirschfeld, Curiale Dellaverson Hirschfeld & Kraemer LLP, San Francisco, CA
5:30 pm - 6:30 pm	Reception for Workshop Registrants and Panelists
Thursday, March 16
8:30 am - 9:45 am	Faculty Track 05A. Religion, Freedom of Speech and Academic Freedom Proselytyzing Political indoctrination Balancing faculty freedom of expression with student sensibilities Recent caselaw Moderator: Kate Wasch, Georgia Institute of Technology Speakers: Derek Langhauser, Maine Community College System Robert O'Neill, Director, Thomas Jefferson Center for the Protection of Free Expression, University of Virginia Law School Emerging Issues Track 05B. Emerging Employee Leave and Re-Employment Issues: Policies, Rights and Responsibilities Parental leave Military leave *FMLA leave Moderator: Camille Kluttz-Leach, North Carolina A & T University Speakers: Sharon Bauman, Manatt, Phelps & Phillips, Los Angeles, CA Jaffe Dickerson, Littler, Mendelson, Los Angeles, CA
9:45 am - 10:00 am	Break
10:00 am -11:15 am	Faculty Track 06A. Affirmative Action and Diversity in Faculty Searches: From Building the Applicant Pool to the Final Hire Legal Implications post-Grutter for diversity in faculty hiring Advising search committees Broad incentive programs: targets of opportunity; financial support; pipeline programs Search strategies: outreach, screening, and hiring Moderator: Gail Dyer, Providence College Speakers: Ann Springer, Staff Counsel, American Association of University Professors Charlotte Westerhaus, Vice President for Diversity and Inclusion, National Collegiate Athletic Association Emerging Issues Track 06B. Negligent Hiring and Retention: Background Checks, Reference Checks and Other Issues When to do background checks How to do them Complying with FCRA requirements Now what? Using information obtained Moderator: Heidi Zimmerman, Tennessee Board of Regents Speakers: Frank Vinik, United Educators, Chevy Chase, MD Steve Frenkil, Miles & Stockbridge, Baltimore, MD
11:15 am - 11:30 am	Break
11:30 am - 12:30 pm	Discussion Groups
	07A. The GC, the EEO Office and the Ombuds Office Cooperation and conflict Leader: Charlotte Westerhaus, NCAA 07B. Academic Bill of Rights* Proposed federal and state legislation Institutional responses Leader: Ann Springer, Staff Counsel, American Association of University Professors 07C. Employment of U.S. and Foreign Nationals Abroad Compliance with host country laws Tax and compensation issues Risk management issues Leader: Kathy Schulz, New York University 07D. FLSA Issues* Assistant coaches and athletic trainers Graduate assistants Suspension of exempt employees Comp time Leader: Greta Schnetzler, University of California-San Francisco 07E. FMLA Issues Intermittent leave abusers Physician opinions and medical examinations Leader: Sharon Bauman, Manatt, Phelps & Phillips, Los Angeles, CA
12:30 pm - 1:30 pm	Luncheon
1:30 pm - 1:45 pm	Break
1:45 pm - 3:00 pm	Labor Relations Track 08A. Implementing Mutual Gains (Interest-Based) Collective Bargaining How it differs from traditional positional bargaining When it should be used and when it should be avoided Mutual gains techniques for bargaining and dispute resolution Moderator: Deborah M. Allison, University of California-Davis Speakers: Dennis J. Campagna, Director of Labor-Management Programs, Cornell University, School of Industrial and Labor Relations Nicholas D. DiGiovanni, Morgan, Brown & Joy, Boston, MA Emerging Issues Track 08B. Alternative Employment Arrangements: Temporary Workers, Telecommuters, Outsourced Services, and Affiliated Entity Employees Outsourcing: how to handle hiring, supervision, discipline and termination issues Temporary employee issues Faculty: loaning, sharing and trading faculty *Issues in telecommuting and alternative work schedules Moderator: Robin Parker, Miami University Speakers: Marc M. Mills , University of Iowa Melissa A. Burke, Stanford University
3:00 pm - 3:15 pm	Break
3:15 pm - 4:30 pm	Labor Relations Track 09A. Collective Bargaining with the Faculty Identifying your client and preparing for bargaining; keeping everyone on the same page How and when to communicate directly with the faculty without violating the exclusivity of the majority representative Keeping the press, the students and the politicians at bay or in your corner Developing strategies for achieving change in difficult areas such as merit pay Moderator: Leslie Van Houten, University of California Speakers: Jackie McClain, Vice Chancellor for Human Resources, California State University Chris Dale, System Director for Labor Relations, Minnesota State Colleges and Universities Emerging Issues Track 09B. Gender Identity Issues: Transgender, Transsexual and Transitioning Employees * Reviewing the legal landscape of protection for transgendered employees * Understanding some not so transparent distinctions in terminology * Practical implications; what's needed on campus? Moderator: Shelley Carthen Watson, University of Minnesota Speakers: Laura Todd Johnson, University of Arizona Esra Acikalin Hudson, Manatt, Phelps & Phillips, Los Angeles, CA
4:30 pm - 4:45 pm	Break
4:45 pm - 5:30 pm	Discussion Groups 10A. Presidents, Coaches, and Other Highly Compensated Employees Contract, compensation, benefit and tax issues Leader: Randolph M. Goodman, Wilmer, Culter, Pickering, Hale & Dorr, LLP, Washington, DC 10B. Tenured Faculty Issues* Family friendly policies and the tenure clock The interplay between discipline and disability Problems and pitfalls in dealing with older faculty members Background checks for faculty Leader: Carole R. Rossi, University of California *10C. Transgender Employee Issues* Leader: Joanna Carey Smith, University of North Carolina at Chapel Hill 10D. Foreign National/Alien Employees Visa issues Homeland security issues *Export control issues Leader: Leigh Polk Cole, Dinse, Knapp & McAndrew, P.C., Burlington, VT
Friday, March 17
8:30 am - 9:30 am	11. Ethics: Does the Lawyer Always Have to be the Driver: Getting Non-Compliant Clients into the Right Legal Lane and Not Losing Your License Mileposts: The Privilege, Duty of Loyalty and Reading the Signs * Who is the Client? * Who holds and who can waive the privilege? * Avoiding inadvertent waiver of privilege. No Exit: Road to Disclosure * Duty to disclose and to whom * Whistleblower * Sexual Harassment * Research Misconduct * Sarbanes-Oxley Bumps: Managing Client Conflict * Compliance Officers * Ombudspersons * Outside Investigators Moderator: Donna Davis, University of San Francisco Speakers: Marianne Schimelfenig, Saint Mary's College of California Renaldo Stowers, University of North Texas System
9:30 am - 9:45 am	Break
9:45 am - 10:45 am	12. Trouble-Shooting the Troubled or Troubling Employee The psychiatrically disabled employee The professional trouble-maker The consummate slacker Managing and defusing workplace crises Speakers: GayLynn Kirn Conant, Lombardi, Loper & Conant, Oakland, CA Monica Barrett, Rutgers University Elisabeth Sheh Walter, California State University
10:45 am - 11:00 a.m	Break
11:00 am - 12:00 Noon	13. Whisperers to Whistleblowers: Who's Listening, Who Should Be * Developing an effective accountability system * Federal Sentencing Guidelines: Impact on Compliance Programs * Elements of effective Whistleblower and Misconduct Reporting Policies * Preventing retaliation and dealing with frivolous or malevolent complaints * Contending with complaints that go outside the institution Moderator: Gerard St. Ours, Johns Hopkins University Speakers: Derek G. Savage, Johns Hopkins University James J. Mingle, Cornell University
Adjourn