SCHEDULE

Introduction and Practical Advice for 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 tenure and employment relationships
• Faculty duties, performance management and discipline
• Academic Freedom/ First Amendment
• Practical issues and problem solving

The FUNdamentals of FUNdamental 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

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

Federal Antidiscrimination Law

• Encountering and Addressing Anti-Discrimination Matters in Higher Education (e.g., Title VI, Title VII, Title IX, ADA)
• Race, Color, Religion & National
• Origin - Discrimination and Harassment
• Sex Discrimination and Related Legal Issues
• Retaliation
• Free Speech, Diversity, and Inclusion

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

Free Speech on Public and Private Campuses: Key Considerations and Current Issues

• Policies and speech codes
• Bias incidents and the intersection of protected speech and diversity, equity, and inclusion efforts
• Managing campus protests
• Employee speech

Research Compliance, Intellectual Property, and Technology Transfer

• Federally sponsored university research: the regulatory regime
• Compliance: common financial, administrative, and scientific/bioethics compliance issues in research
• Intellectual property: ownership and use of employee, student and third party IP
• Tech transfer: considerations for innovation and commercialization

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

Contract Administration

• 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

Student Discipline and the Role of Legal Counsel

• Key foundational concepts and legal obligations: due process and contractual obligations, public versus private colleges and universities
• Academic versus conduct problems, graduate and professional programs, disability and Title IX cases
• Litigation lessons for policy development and practice
• The many changing dynamics on campus and student life trends - what these mean for campus lawyers

Student Disability Law Issues – Microsession

• Academic accommodation issues in higher education context
• Emotional support animal issues
• Threat to self and/or threat to others issues
• Leave and withdrawal issues
• Web accessibility issues

Quickly and Clearly Clery: Introduction to the Campus Crime Reporting Law – Microsession

• Introduction to the Clery Act, including the history, developments along the way, enforcement, and more.
• 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 the fire log.
• 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.

An Introduction to Higher Education Counsel’s Office: Ethical Issues

• 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