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2015 March CLE Workshop

Higher Education Discrimination Law: Essential Updates and New Challenges

PROGRAM SCHEDULE

Wednesday, March 11

Welcome and Introduction to the Program

CRESCENT CITY BALLROOM, MEZZANINE LEVEL

Thomas Cline, Vice President and General Counsel, Northwestern University

Kathleen Curry Santora, President & Chief Executive Officer, National Association of College and University Attorneys

Sankar Suryanarayan, University Counsel, Princeton University

1:15 pm - 2:30 pm

01. Top Trends and Emerging Issues in Higher Education Law
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Young v. UPS and pregnancy accommodation issues
  • Age discrimination trends in higher education
  • Disparate impact claims based on background checks, testing and other hiring issues
  • How to maintain a safe campus and conduct threat assessments while complying with disability discrimination laws
  • EEOC initiatives for 2015 and beyond
  • Trends in sexual orientation discrimination—gender stereotyping, impact of U.S. v. Windsor
  • The new focus on pay discrimination for federal contractors

Alexandra Relias, Moderator, Assistant General Counsel, City Colleges of Chicago

Caroline Hendel, Senior Associate General Counsel, Yale University

Jill Rosenberg, Partner, Orrick, Herrington & Sutcliffe LLP

2:45 pm - 4:00 pm

02. Title IX Investigation ModelsCRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Legal requirements for investigations and disciplinary proceedings
  • Conflicts between Title IX and VAWA regulations
  • Investigation models in practice

‚ÄčAlysa Rollock, Moderator, Vice President for Ethics and Compliance, Purdue University

Natasha Baker, Partner, Hirschfeld Kraemer LLP

Robb Jones, Senior Vice President & General Counsel for Claims Management, United Educators Insurance Reciprocal Risk Retention Group

Diana Prieto, Executive Director, Human Resources and Equal Opportunity, Colorado State University System

Mary Spellman, Assistant Vice President & Dean of Students, Claremont McKenna College

4:15 pm - 5:30 pm

03. No Speed Limit: ADA Roadblocks and 504 Potholes
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Understand how the ADA applies to cyberspace and how to integrate the law into institutional strategic planning
  • A review of existing legal authority and pending claims to guide campuses in assessing their risks and developing strategic planning
  • Plans, policies and procedures for compliance
  • Strategies to implement an accessible information technology plan

R. Yvette Clark, Moderator, General Counsel, Southern New Hampshire University

Jeanne Kincaid, Attorney, Drummond Woodsum

Tracy Mitrano, Principal, Mitrano & Associates LLC

Christian Vinten-Johansen, Manager, IT Accessibility Team, The Pennsylvania State University

5:30 pm - 6:30 pm

Reception for Registrants and Presenters sponsored by Ogletree Deakins
BLUE ROOM, LOBBY LEVEL

Thursday, November 12

7:00 am - 8:00 am

Continental Breakfast sponsored by trainED
CRESCENT CITY BALLROOM FOYER, MEZZANINE LEVEL

8:00 am - 9:15 am

04A. When Bullies Move Online: Dealing with Cyberbullying and Electronic Harassment on Campus
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Defining the problem and identifying common scenarios on campus
  • Understanding the legal landscape and implications of the First Amendment
  • Best practices for institutional policies that address cyberbullying

Vannesa Martinez, Moderator, Assistant General Counsel, Yale University

Monica Barrett, Interim Senior Vice President and General Counsel, Rutgers, The State University of New Jersey

Margaret Wu, Managing Counsel, University of California

04B. Accommodating Disabled Students in Clinical and Professional Programs: New Challenges, New Strategies
ORPHEUM

  • Understanding the regulatory framework
  • Developing and using academic and technical standards
  • Special challenges posed by physical and behavioral standards
  • Establishing that the decisions are educationally justifiable

Steven Frenkil, Moderator, Principal (Partner), Miles & Stockbridge P.C.

Ellen Babbitt, Partner, Franczek Radelet P.C.

Barbara Lee, Professor of Human Resources Management, Rutgers, The State University of New Jersey

9:30 am - 10:45 am

05A. Policing University Police: Police Officers as both Plaintiffs and Defendants
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Managing police officers as employees of colleges and universities
  • Effective policing of campus demonstrations – even when Westboro or the KKK comes to town – without violating the First Amendment
  • Policing in a camera-rich environment
  • Avoiding claims of racial profiling and discrimination by campus police
  • The best defense of police misconduct claims and unique issues facing the University lawyer with police officers as client

Allison Antwi, Moderator, Staff Attorney, MFY Legal Services, Inc.

Madelaine Lane, Associate, Warner Norcross & Judd, LLP

James Lidon, Partner, McElroy, Deutsch, Mulvaney & Carpenter, LLP

Amy Stirling Lammers, Assistant General Counsel, Wayne State University

05B. Faculty Fitness for Duty Evaluations Under the ADA and FMLA
ORPHEUM

  • When fitness for duty evaluations are appropriate and in the institution’s best interest
  • Fitness for duty policy and procedures best practices, as well as ADA and FMLA policies as they relate to fitness for duty requirements and examinations
  • Current FMLA regulations for placing the faculty member on FMLA leave
  • Determining whether additional leave is a reasonable accommodation or an undue burden

John Albrecht, General Counsel, Truckee Meadows Community College

Susan Desmond, Shareholder , Jackson Lewis PC

Angela Robinson, General Counsel and Vice Chancellor of Administration, Tarrant County College District

11:00 am - 12:00 pm

06A. Discrimination Issues in Immigration

BIENVILLE

Rosa Liliana "Lili" Palacios-Baldwin, Associate General Counsel, Tufts University

Michael Pfahl, Associate Counsel, Kent State University

06B. Identifying and Imposing Sanctions for Sexual Misconduct Violations
CONTI

John Albrecht, General Counsel, Truckee Meadows Community College

Caroline Hendel, Senior Associate General Counsel, Yale University

06C. Athletics: How to Stay in Compliance in a World of Changes
PONTALBA

Susan Friedfel, Proskauer Rose LLP

Kristine Zayko, Deputy General Counsel, Michigan State University

06D. Pregnancy Accommodation and Discrimination
LAFITTE

Catherine Guttman-McCabe, Partner, Potomac Law Group

Deborah Love, Vice President, Institutional Equity, Tulane University

06E. Retaliation and Whistleblowing in Discrimination Cases
NAPOLEON

Daniel Kaufman, Partner, Michael Best & Friedrich LLP

Alexandra Relias, Assistant General Counsel, City Colleges of Chicago

12:00 pm - 1:30 pm

Networking Lunch sponsored by Saul Ewing LLP
WALDORF ASTORIA BALLROOM

1:30 pm - 2:45 pm

07A. Mediating with the EEOC & OCR: Waste of Time or Time Well Spent?
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Strategic considerations regarding whether to participate
  • Perspectives of plaintiff’s counsel, defendant’s counsel, and the mediator
  • Preparing for the mediation and documenting the agreement
  • Confidentiality and FOIA concerns

Priya Harjani, Senior Associate General Counsel, Northwestern University

Sarah Brown, Senior EEO Specialist, Northwestern University

Scott Warner, Partner, Franczek Radelet P.C.

07B. Trans Students and Employees: Practical Considerations for Your Campus
ORPHEUM

  • Common concerns of transgender students and employees on campus
  • Update on current legal issues related to transgender students and employees
  • Discussion of common health insurance, bathroom/locker room and employment issues
  • Developing institutional policies

Josh Whitlock, Partner, McGuireWoods LLP

Jessie Brown, Associate General Counsel, American Council on Education

M. Dru Levasseur , Transgender Rights Project National Director , Lambda Legal

Troy Perdue, Associate University Counsel, East Tennessee State University

08A. Discriminating Taste: Diversity from Admissions and Financial Aid through Development and Alumni Relations
CRESCENT CITY BALLROOM, MEZZANINE LEVEL
  • Diversity post-Fisher; state-specific limitations
  • Application of Fisher to admissions and financial aid awards
  • Examples of successful programmatic shifts
  • Honing and honoring donor intentions and acceptable gift agreement language
  • Case studies

Allison AntwiModerator, Staff Attorney, MFY Legal Services, Inc.

Jennifer Becnel-Guzzo, Associate General Counsel, University of Delaware

Tamara Britt, Assistant General Counsel, Rutgers, The State University of New Jersey

Sarah Luke, Assistant General Counsel, Wayne State University

08B. Key Ways to Avoid and Defend Employment Discrimination Cases
ORPHEUM
  • Strategies for creating a helpful record to support an adverse employment action
  • Challenges of defending an action filed by a current employee
  • Special trial considerations in defense of the institution and any individual defendants

Megan PrittsModerator, University Counsel, Georgetown University

Luisette Gierbolini, Associate General Counsel, University of South Florida

William Nussbaum, Partner, Saul Ewing LLP

4:30 pm - 5:30 pm

09A. Bystander Intervention Key Issues
CONTI

Hillary Pettegrew, Senior Risk Management Counsel, United Educators Insurance Reciprocal Risk Retention Group

Scott Warner, Partner, Franczek Radelet P.C.

09B. Contraceptive Cases and the Impact on Employee Health Plans
PONTALBA

Alysa Rollock, Vice President for Ethics and Compliance, Purdue University

09C. The Veteran and Discrimination
LAFITTE

Ellen Babbitt, Partner, Franczek Radelet P.C.

09D. Summary Judgment in Discrimination Cases

Katherine Allen, Associate General Counsel, The Pennsylvania State University

Shelley Carthen Watson, Senior Associate General Counsel, University of Minnesota

09E. Member's Choice: New OFCCP Regulations - Issues and Challenges
BIENVILLE
Jennifer Divine, Attorney, Miller Nash LLP

Friday, March 13

7:15 am - 8:15 am

Continental Breakfast sponsored by Proskauer
CRESCENT CITY BALLROOM FOYER, MEZZANINE LEVEL

8:15 am - 9:30 am

10. Title II, Title VII, Title IX and Clery Act: Practical Advice on What to Expect and How to Navigate Investigations and Audits When OCR, EEOC or OFCCP Come Calling
CRESCENT CITY BALLROOM, MEZZANINE LEVEL

  • Significant regulatory and other legal developments from each agency
  • Proactive steps to take toward compliance
  • Insights into what the agency is looking for in an investigation or audit
  • How to prepare for agency review
  • Best practices for interacting or negotiating with the agency

Laurel Pyke MalsonModerator, Partner, Crowell & Moring LLP

Dona Hamilton Cornell, General Counsel, Vice Chancellor/Vice President for Legal Affairs, University of Houston

Allison Newhart, Associate General Counsel, The Pennsylvania State University

Rosa Liliana "Lili" Palacios-Baldwin, Associate General Counsel, Tufts University

Rebecca Springer, Counsel, Crowell & Moring LLP

9:45 am - 11:00 pm

11. Making Sense: Reconciling Obligations under Title VII, Title IX, and Campus SaVE
CRESCENT CITY BALLROOM, MEZZANINE LEVEL
  • How do Title VII obligations differ from Title IX and Campus SaVE obligations?
  • Do all the Title IX and Campus SaVE protections that apply to students apply to employees?
  • Policies and procedures for addressing gender discrimination, sexual harassment, and other sexual misconduct
  • Special considerations for incidents involving students and staff or faculty
  • Training obligations under Campus SaVE, Title IX and Title VI

Elizabeth Conklin, Associate Vice President, Office of Diversity and Equity and Title IX Coordinator, University of Connecticut

Allison K. Romantz, Senior Employment Counsel, Massachusetts Institute of Technology

Susan Friedfel, Associate, Proskauer Rose LLP

11:15 am - 12:30 pm

12. Ethics Considerations in Dealing with E-Discovery and Litigating Discrimination Cases
CRESCENT CITY BALLROOM, MEZZANINE LEVEL
  • When is the duty to preserve triggered?
  • What is an effective “legal hold”?
  • How much ESI do you need to produce?
  • Best practices for complying with your ESI preservation obligations
  • How to avoid sanctions

Yoora PakModerator, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP

Lisa Mebane Barnett, Claims Counsel, United Educators Insurance Reciprocal Risk Retention Group

Smruti Radkar, Associate General Counsel & University Ethics Officer, University of the District of Columbia

Jason Waters, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP