SCHEDULE

Welcome and Practical Advice to New Campus Counsel

• Welcome and brief overview of NACUA
• Brief overview of legal issues unique to higher education
• Practical advice on transitioning to the practice of higher education law

Meet the Faculty

• Faculty employment relationships: tenure, contracts, unionization 
• Faculty duties, responsibilities, performance assessment and discipline
• Faculty speech: Academic Freedom, First Amendment 
• The road ahead: approaching emerging developments 

College Athletics

• NCAA structure and enforcement
• Athletics contracts
• Title IX and intercollegiate athletics
• Wages, benefits, and the use of name, image, and likeness
• Trending topics

Meet the Regulators

• Introduction to federal, state, and non-governmental regulators
• Key examples of regulatory oversight, including practical advice to navigate compliance audits, program reviews, and other regulatory enforcement activities
• Building a comprehensive compliance program that advances institutional mission and strategic priorities
• Considerations pertinent to current developments and evolving regulatory landscape

The FUNdamentals of FERPA

• An overview of the FERPA framework and its key definitions
• The principal disclosure exceptions
• The often forgotten “inspect and review” and “seek amendment” rights
• Saving the best for last: FERPA’s enforcement mechanism

Campus Safety: the Clery Act and Beyond

• Introduction to the Clery Act, including the history and objectives of the law
• Discussion of the main components of Clery compliance, including reporting and disclosure of crime statistics in the ASR, the crime log, timely warnings and emergency notifications, and policy disclosures
• Exploration of the Clery Handbook—What is it, how is it used in practice, and does it contain the answer to my question?
• Overview of enforcement actions, program reviews, and fines
• Overlap with campus safety issues such as threat assessment/response, CARE/BIT teams

Federal Antidiscrimination Law

• Addressing Harassment and Discrimination Matters in Higher Education (e.g., Title VI, Title VII, Title IX, ADA, Section 504)
• Sexual Violence and Discrimination
• Special Topics on Disability Law – Mental Health & FMLA/ADA
• Retaliation
• Pending Developments

Wheels Up! – Navigating University International Programs

• Understand different frameworks for evaluating international initiatives
• Review select U.S. and foreign law compliance issues and discuss recent trends and hot topics – e.g., international employment; foreign taxation; export controls; foreign influence; international student recruitment; online and remote learning; global data privacy; and international student health and safety concerns
• Share unique contract terms, tips, and strategies to negotiate cross-border contracts 

Introduction to Sexual Misconduct Issues: Title IX, Title VII, and the Courts

• Current Practices under the 2020 Regulations
• Handling sex discrimination allegations
• Practical advice for campus counsel in adopting, revising, and administering sexual misconduct policies on campus

The Mechanics of a Deal – Unique Aspects of Contracting for Higher Education Institutions

• Unique issues related to contract administration on college and university campuses
• The role of counsel in contract administration
• Who is entering into contracts at your university?  Signature authority and policies related to contract administration
• Key contractual provisions
• Practical take-aways related to contract review

Super Anxious Ultra Modern Lawyer: Addressing Workplace Mental Health

• Discuss unique stressors, from managing crises to balancing complex ethical obligations, lawyers in higher education face
• Explore the impact of mental health challenges on legal competence and ethical duties including:
  • Confidentiality;
  • The pressures of higher education legal roles;
  • Ethical considerations when supporting colleagues; and
  • Strategies for maintaining well-being
• Offer practical guidance, including ABA ethics opinions and a review of relevant ethical rules to help lawyers navigate these challenges while fostering a healthier work environment

A Balancing Act: Key Issues in Navigating Student Conduct and Expression

• Introduction to student conduct administration: legal issues and beyond
• The impact of current events and controversies on campus climate
• Addressing student disciplinary issues
• Speech codes, bias incidents, and harassment
• Upholding academic standards and professional decisions

Disability Law

• Academic accommodation issues in higher education context
• Animals on campus
• Threat to self and/or threat to others issues
• Leaves of absence and withdrawals
• Web accessibility

Research Lexicon: An Overview of University Research

• Sponsored university research and related regulations and responsibilities
• Common research compliance issues and enforcement mechanisms
• Research security
• Intellectual property considerations
• Hot topics for counsel to know

Ethical Advice for New Campus Counsel

• General principles of ethics for college and university attorneys
• Representing an institutional client – ethical issues and practical strategies
• Attorney-client privilege – elements, exceptions, and waivers
• Special challenges taking on non-legal roles