2022 National Conference on Higher Education Law & Policy Program

43rd Annual

National Conference on Law Higher Education Conference Program

The Great Strategic Reclamation of Higher Education: The Heroes of Higher Education meet Post-Pandemic Law & Policy Challenges…and Opportunities

March 2 - March 7, 2022 Clearwater Beach, Florida

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National Conference on Law

Higher Education

Conference Information

Wyndham Grand Clearwater Beach

Registration Desk

100 Coronado Drive, Clearwater Beach, Florida 33767 (727) 401-3600 | wyndhamgrandclearwater.com

The registration desk will be open during the following times for check-in and materials pickup: Thursday, March 3 Friday, March 4 Saturday, March 5 Sunday, March 6 Monday, March 7

7:30 a.m. – 5:00 p.m.

7:30 a.m. – 5:00 p.m.

7:30 a.m. – 5:00 p.m.

7:30 a.m. – 5:00 p.m.

7:30 a.m. – 11:45 a.m.

You will only sign in once to pick up materials and badge for the entire conference, including the Boot Camp.

Hotel Amenities • Concierge • 24-hour room service • Fitness center with weightlifting equipment, outdoor heated pool, and spa

• High speed internet access, copy service, wake-up

calls, dry cleaning, laundry/valet, hospitality room, multilingual staff, and 24-hour security

Things to do in the area (less than 20 miles away)

Name Badge Attendees—wear your name badge to all sessions and conference events. Name badges are required for admittance to all conference events. Badges are available for pickup at registration.

Conference Leadership Peter Lake, Director Conference Chair Professor of Law

• Pier 60 and Beach Walk Promenade • Clearwater Beach Marina • Clearwater Marine Aquarium • Ruth Eckerd Hall (Clearwater) • Westfield Countryside Mall (Clearwater) • Tarpon Springs Sponge Docks (Tarpon Springs) • The Dali Museum and Chihuly Collection (St. Petersburg)

Charles A. Dana Chair and Director

Visit visitstpeteclearwater.com for additional information

Center for Excellence in Higher Education Law and Policy

Stetson University College of Law | stetson.edu/law

Kaylie Murphy Center Coordinator Center for Excellence in Higher Education Law & Policy

Melissa Carleton Conference Honorary Co-Chair Senior Consultant at INCompliance Consulting Partner, Bricker & Eckler

Stetson University College of Law, Florida’s first law school, has prepared lawyers and leaders since 1900. Today, Stetson leads the nation in blending legal doctrine with practical training, evidenced by its top-ranked programs in advocacy and legal writing. Through our academically rigorous curriculum and commitment to social responsibility, Stetson lawyers are ethical advocates ready to succeed in the legal profession.

facebook.com/stetsonlaw twitter.com/stetsonlaw linkedin.com/school/stetsonlaw youtube.com/stetsonlaw instagram.com/stetsonlawschool

Center for Excellence in Higher Education Law and Policy facebook.com/HigherEdLaw twitter.com/HigherEdLawCenter

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National Conference on Law Wednesday, March 2nd 5:00 p.m. – 8:00 p.m.

Welcome: Meet & Greet with Blaze M. Bowers, JD, Chair of the Center Advisory Council

Thursday, March 3rd

conduct—by employing proven methods to reflect on professional judgment in the context of modern higher education challenges.

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“Edupocalypse?”: The major law and policy forces pushing higher education towards historic transformation

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Reflection: The moments, and people, we will never forget in our 2 years with COVID

9:00 a.m. – 11:45 a.m.

The format will be highly interactive and much of the discussion will flow into specific sessions at the conference.

This session pairs especially well with the hugely popular “Crystal Ball” session, and the Keynote address from our featured thought leader, Dr. Jules Coleman.

BOOT CAMP: Higher Education Law and Policy Foundations (Dunes Ballroom I/II)

9:00 a.m. – 10:15 a.m.

Presenters: Peter Lake, Oren Griffin, Kimberley Timpf, and Micah E. Kamrass

WORKSHOP: Faith and Higher Education Law in the 21st Century (Dunes IV-V)

This year’s Boot Camp will prepare participants for greater engagement in sessions featured at this year’s conference.

Your Boot Camp leaders will offer foundational insights into various hot topics and trends including:

Presenters: Eric Baxter, Blaze Bowers, Ryan Brown, Mark E. Hanshaw, Ilana Horwitz, Ph.D., and Joy Mosley.

7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | Breakfast (Dunes Foyer)

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Campus safety—“special” relationships and challenges associated with campus violence of various forms (bomb threats at HBCUs, Campus security officers at risk, sexual violence, etc.)

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COVID’s impact on ERM and public health initiatives

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Academic freedoms at a tipping point; The College as “person”

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The role of higher education in a divided America

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Trends in employment law—including evolving protections for faith-based institutions

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Prevention, Wellness and Prevention: moving beyond therapeutic responses and scandals by using breakthroughs in science

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Higher Education

Speech and Associational Freedoms, and the evolving role of registered student organizations

The rise and potential fall of the regulatory state’s accelerating impact on higher education

Special Focus Session—Higher Education Attorney Ethics and Professionalism. This 75-minute session embedded in the Boot Camp—led by Melissa Carleton and Ryan Brown—will explore the changing and demanding roles of the modern higher education attorney. This embedded special focus session will allow lawyers and non-lawyers to interact and share insights surrounding the provision of legal representation and the experiences of being legally represented. This session will include analysis of conflicts of interests, client-centered professionalism, defense strategies, confidentiality, the practice of law vs. using legal skills as an administrator, fiduciary duties and interacting with the media. Discussion will not only focus on minimum standards for ethical and professional attorney behavior but will assist attendees in assessing legal professional

Reclaiming Faith & Higher Education: An Overview of the Issues and Opportunities Facing Schools, Religion, and Education Post-Pandemic and Beyond with Baxter, Bowers, Brown, Hanshaw & Mosley.

This session will review the legal challenges facing sectarian and non-sectarian institutions of higher education as they continue to manage their religious missions, faithbased organizations on-campus, accommodations, and exemptions. The panel will offer perspectives from general and other counsel, collegiate associations, and key stakeholders in its exploration of the intersection of religion and higher education in the modern higher education climate. In the spirit of the 43rd Annual National Conference, this session will focus on, not only the legal challenges facing higher education, but the opportunities for schools and institutions of faith to come together and craft a restorative and hopeful future.

10:20 a.m. – 11:45 a.m.

Where Law & Religion Intersect: A Look at the State of Case Law & the Regulatory Framework of Religion and Law as We Strive to Look Beyond Compliance and to Thriving with Baxter, Bowers, Hanshaw & Mosley.

This session offers a summary of recent key case law and statutory and regulatory updates regarding institutions of higher education and religion. Key recent cases from the Supreme Court—Our Lady of Guadalupe, Tanzin, Maxon, and Bostock—have altered the legal landscape.

Department of Education activity, including the dismissal of a recent investigation of Brigham Young University, may offer insights into the goals of the Biden Administration.

There is no mistaking the fact that higher education and religion are evolving quickly together. This panel will look to the future—going beyond legal compliance and exploring ways to facilitate thriving faith-based institutions

of higher education. This is a time to share and explore common goals that transcend sectarian and nonsectarian dichotomies.

12:00 p.m. – 1:15 p.m.

BROWN-BAG LUNCH SESSION: Fraternity and Sorority Legal Issues (Dunes III) Presenter: Micah E. Kamrass This session will explore the complicated legal relationships between universities and fraternities and sororities. This will include discussion of relationship agreements, Title IX, hazing, and due process in student conduct. Through this lens, the session will examine why certain universities and certain fraternities and sororities are choosing to sever their formal relationships with each other, and what that could mean for the future.

1:30 p.m. – 4:00 p.m.

BOOT CAMP: Higher Education Law and Policy Foundations Continued...(Dunes I/II) WORKSHOP: Faith and Higher Education Law in the 21st Century Continued... (Dunes IV-V)

3:00 p.m. – 4:00 p.m.

BOOT CAMP: Higher Education Law and Policy Foundations Continued... (Dunes I/II) 3:00 p.m. – 4:45 p.m.

The Future of Religion & Higher Education: An Industry Discussion About the Future of Faith, Higher Education, and Law—How Can We Thrive in the Modern Legal Landscape with Baxter, Bowers, Brown, Hanshaw, Horwitz & Mosley (Dunes IV-V) This panel will function almost as a seminar, bringing higher education practitioners and subject experts together for both questions and answers, and a look to the future.

Attendees will be invited to ask questions and discuss pressing issues covered throughout the day with our distinguished panel. Our panelists will share their thoughts and predictions. How can we overcome adversity and factionalism in our learning communities and unify as an industry when addressing issues of faith, law, and higher education? Don’t miss this rare opportunity to discuss the letter and spirit of higher education law—and where the soul of our industry may be headed.

1:30 p.m. – 2:45 p.m.

God, Grades, and Graduation: Reevaluating the Separation of Church & State in the Classroom with Ilana Horwitz, Ph.D. with Blaze Bowers as Facilitator (Dunes IV-V) This panel is inspired by Dr. Ilana Horwitz’s newly published book “God, Grades, & Graduation: Religion’s Surprising Impact on Academic Success.” Dr. Horwitz will explore her pathbreaking research into “abider” students—those who “believe and belong”. Drawing on 10 years of survey data with over 3,000 teenagers and over 200 interviews, her discoveries offer a revealing, and at times surprising account of how teenagers’ religious upbringing influences their educational pathways from high school to college. Dr. Horwitz estimates that approximately one out of every four students in American schools are raised with religious restraint. By illuminating the far-reaching effects of the childrearing logic of religious restraint, God, Grades and Graduation offers a compelling new narrative about the role of religion in academic outcomes and educational inequality. This session will provide key insights and context from Dr. Horwitz in a question-and-answer style format with facilitator Blaze Bowers.

Foundations of Issues in Ethics & Professionalism for Higher Education Attorneys with Melissa Carleton and Ryan Brown (Dunes I/II) This seventy-five-minute session—embedded in our hallmark, daylong Boot Camp—will explore ethics and professionalism issues facing higher education attorneys as described in the Boot Camp session description above. The special focus session can serve as a standalone session for participants interested in this topic.

Friday, March 4th 7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | Breakfast (Dunes Foyer) 9:00 a.m. – 10:15 a.m.

Six Tips for Successfully Navigating (and Finding the Silver Lining in) OCR Investigations (Pelican) Presenters: Joshua Whitlock and Blaze Bowers This intensely practical session will take a fresh and nuanced look at OCR investigations with a practical focus on how to most effectively and proactively (1) prepare for an investigation notice, (2) establish a positive rapport and working relationship with the investigator(s), (3) respond to initial document requests, (4) request and process valuable information regarding the complaint, (5) understand and evaluate response and/or resolution options and related procedural rules, and (6) use the investigation as a springboard for critical cultural and compliance reinforcement. The tips that the presenters will discuss result from participation in dozens of OCR investigations and are part of a tried and tested “glass half full” approach that consistently nets best case scenario outcomes.

9:00 a.m. – 11:45 a.m.

Campus Safety Update: Response, Regulation, Communication (Dunes Ballroom I/II) Presenters: James Haggerty, Frank Spano, Gene Deisinger, Ph.D., Francisco Ortiz, Michael Pridemore, and Jean Demchak Recent events have once again reinforced the central role of safety, security and risk management in Higher Education.

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National Conference on Law The new year is barely incepted and we have had bomb threats at HBCU’s, university officers killed in the line of duty, and more media coverage of mass victimization. Join a panel of experts in campus security, risk management, incident response and crisis communications as they work through critical developments in the field. Case studies and lively discussion will cover Clery, FERPA, risk and threat management, Title IX, notification issues, and crisis planning and response.

10:30 a.m. – 11:45 a.m.

Intellectual Property on Campus: 25 Questions You Should Be Asking (Dunes IV-V) Presenter: Jacob H. Rooksby, Ph.D. This session, intended for those new to or unfamiliar with intellectual property (IP), will help you understand the questions you should be asking today in order to avoid intellectual problems tomorrow. Our expert presenter is highly sought after for his profound technical knowledge and uncanny ability to convey his wisdom to individuals who do not have his expertise and experience.

10:30 a.m. – 11:45 a.m.

Scholar’s Roundtable (Pelican)

1:30 p.m. – 2:45 p.m.

Prominent Legal, Policy and Compliance Challenges Facing Florida Secondary and Postsecondary Educational Institutions (Pelican) Presenters: Nathan A. Adams, IV, Ph.D., M.A., B.C.S., David D’Agata, Ph.D., Paul Carland, David Fugett, Mary Lawson, and Glen Stewart This panel is jointly sponsored with the Florida Bar Education Law Committee. Panelists will include lawyers for Florida school districts, state colleges, and the state university system, referencing model “articulation agreements” and various provisions of Florida law (including Chapter 1007 of Florida’s Education Code), which govern dual enrollment programs. Panelists will discuss—and invite attendee discussion about—the increasingly expansive footprint of dual enrollment programs and the host of opportunities and challenges those present to both public and private secondary and post-secondary education institution—and to the policy makers, administrators, and legal counsel who serve such institutions. Panelists will discuss opportunities and challenges tied to increased student achievement and diversity, the delivery of a “seamless” education to traditional and exceptional student enrollees, and the development and implementation of elemental aspects of articulation agreements between K-12 and post-secondary institutions.

Presenters: Neal Hutchens, Brandi Hephner LaBanc, and Frank Fernandez

1:30 p.m. – 4:00 p.m.

This session will offer tips and strategies for those interested in writing and publishing for scholarly and practitioner publications. Topics covered will include how to start and maintain successful writing collaborations, pitching pieces to publication outlets, and subject selection. The presenters are master academic facilitators and are anxious to help you on your publication pathway.

From Classrooms to Courtrooms: Freedom of Expression and its Challenges (Dunes IV-V)

12:00 p.m. – 1:15 p.m.

WELCOME AND KEYNOTE LUNCH: Finding the Balance: Community-Focused Campus Security Within an Ever-Evolving Social and Regulatory Landscape (Dunes III) Presenter: Frank Spano, JD, FRSA, Director of Education Security Services at Allied Universal It’s all about balance….. Join Frank Spano, Allied Universal’s Director of Education Security Services, in exploring the evolution of higher education security as it continues to strive to meet the changing needs of campus communities of all types. This Keynote Lunch presentation will consider campus engagement and empowerment, response methodologies and mindset, whole-community representation and understanding, and the positive movements underway to balance adherence to regulatory and contemporary cultural standards with a holistic campus service driven security program. This session will wrap up with an open-forum Q&A—enjoy lunch and bring your questions!

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Higher Education

Campus Safety Update: Response, Regulation, Communication Continued... (Dunes I/II)

Presenters: William Thro, Will Creeley, and Neal Hutchens The conference welcomes back three exceptionally popular presenters who have defined the contours of free expression on the modern campus. From classrooms to courtrooms, from campuses to state capitols, colleges and universities have encountered seemingly endless free expression and First Amendment flare-ups over the past year. In the face of pressure from students, faculty, alumni, and state legislatures, how can an institution navigate competing interests and stay true to its mission—all while staying out of court and off the front page? Join William Thro, General Counsel of the University of Kentucky, and Will Creeley, Legal Director for the Foundation for Individual Rights in Education, and Neal Hutchens—Professor and Chair, Department of Higher Education, University of Mississippi, as they review recent developments and provide practical advice.

5:00 p.m. – 6:00 p.m.

Crystal Ball Predictions (Dunes III) Presenters: Peter Lake, Jacob H. Rooksby, Ph.D., William Thro, Jules L. Coleman, Ph.D., Donna Smith, and Timothy Kessler-Cleary This session will review the major higher education regulatory and policy developments under the current administration. Join our panel of visionaries as they take a

mostly serious, but sometimes fun, look into the future of higher education. There may be an appearance from futurist “Whammo-the Magnificent”, although in the future nothing is certain.

employee-focused DEI efforts on your respective campuses using applicable scenarios and discussion topics.

Saturday, March 5th

Actions Speak Louder than Words: DEI & A/B Policies towards the Student Experience and the Impact of Summer 2020

7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | Breakfast (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | General Counsel Breakfast

(Pelican)

9:00 a.m. – 10:15 a.m.

Endemic Education Employment Issues: The Annual Employment Law Update and Survival Guide (Dunes IV-V) Presenters: Susan Deniker and Mark Alexander Employment law issues in higher education continue to evolve at a breakneck pace. Two gifted higher education employment attorneys return this year by popular demand. Relying upon vast courtroom experience, they will discuss significant and relevant updates in employment law over the last year. Every higher education institution needs to know how to survive the endemic risks in this area. The list of topics that will be covered is lengthy—free speech, discrimination, wage and hour rules, faculty contract issues, and more.

SESSION II, Part 1: 10:55 a.m. – 11:45 a.m.

Student-Focused Policy/Law Panel

Workshop: Panelists engage with audience using 3-4 scenarios.

Presenters: Tammy Briant, Esq., Allana Forté, Esq., and Akeem Todman Moderator/Contributor: Carmen Johnson Campuses across the country are navigating expectations for more transparent and equitable landscapes towards student engagement and student-related policies—both within and outside the classroom. From calls for curricular and pedagogical reform, to more student-focused actions to advance equity on the campus, the prioritization of the student DEI A/B experience is receiving heightened attention for campus leaders to navigate and address. This panel discussion will focus on the evolution of DEI & A/B initiatives and policies relating to the student experience as well as the impacts of Summer 2020 and the pandemic on these efforts. A corresponding workshop on these issues will follow this panel and the lunch hour.

• 1st Amendment challenges/considerations during the pandemic and post-Summer 2020

Diversity, Equity and Inclusion Workshops (Dunes I/II)

• Facilitating student protests towards institutional

Morning Sessions I - II (9:00 – 11:45 AM)

• Legal/Policy: Balancing protests/input from differing

progress

student perspectives

SESSION I: 9:00 a.m. – 10:45 a.m.

Employee Policy/Law Panel + Workshop

• Building sustainable frameworks for engaging

Inclusive Excellence in the Employee Landscape: The Evolution of DEI & A/B Employee Policies and Programming in Higher Education

• Calls for pedagogical reform towards greater

students in this work

inclusivity and recognition of intersectionality

Panel: 9:00 a.m. – 10:00 a.m.

9:00 a.m. – 11:45 a.m.

Workshop: 10:00 a.m. – 10:45 a.m.

Cyber Incident Response Workshop: Table Top Simulation (Pelican)

Panelists engage with audience using 3-4 scenarios Panelists: Allana Forté, Esq., T. Scott Kelly, Esq., Victoria A. Lipnic, Paul F. White, Ph.D. Moderator/Contributor: Carmen Johnson For institutions of higher learning, both as employers and as educators of the next generation of talent, Diversity, Equity & Inclusion programs have evolved a great deal since the late 1990s and 2000s. Since the nationwide racial reckoning protests in the spring and summer of 2020, these programs have received heightened attention and increased scrutiny. This panel discussion will focus on the evolution of DEI & A/B (Accessibility/Belonging) programs, the history related to “affirmative action”, and common and emerging issues for our employees.

Following the panel, the panelists will engage directly with participants in a workshop to broaden the conversation to

Presenters: F. Paul Greene and Daniel J. Altieri Nothing can sow chaos on campus or beyond like a major data security incident. Whether in the form of ransomware, a successful phishing attack, or state-sponsored hacking, incidents like these demand strong preparation practices at every higher education institution. It is difficult to prepare for incident response in a vacuum. Many incidents involve issues that an institution may be seeing for the first time, such as obtaining cryptocurrency to stop the public release of sensitive student data. This workshop demystifies the incident response process in higher education with a series of real-world scenarios, engaged with in real-time. This workshop will address important issues such as Incident Response Plan structure and content, insurance concerns, communications strategies, and best practices for leveraging necessary stakeholders. The workshop will also 5

National Conference on Law address preservation of the attorney-client privilege and engagement of expert third-party support. The goal of the workshop is to provide participants with tested strategies and experience for promoting and informing incident response planning at their institutions.

10:30 a.m. – 11:45 a.m.

President’s Perspective (Dunes IV-V) Presenters: Christopher Roellke, Ph.D., Frederick Lawrence, and Jonathan Alger Join current and former University Presidents Christopher Roellke (Stetson), Frederick Lawrence (Brandeis), and Jonathan Alger (James Madison) for an interactive discussion, moderated by Melissa Carleton (Bricker & Eckler) of major issues, challenges, and trends facing higher education in 2022 and beyond. Topics will include:

• Law, regulation, and policy under the Biden administration

• Impact and aftermath of the COVID pandemic • Access, affordability, and the value proposition • Political polarization, free expression, distrust of institutions and expertise, and democracy

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Diversity, equity, and inclusion Campus safety Demographic changes Global education and international students

12:00 p.m. – 1:15 p.m.

AWARDS AND KEYNOTE LUNCH: College Student Mental Health: The Need for Bold Action to Unravel A “Gordian Knot” for Higher Education (Dunes III) Presenter: John Dunkle, Ph.D. The legend of the “Gordian Knot” is a metaphor for an intractable problem that may eventually be solved only by bold action. Complex issues surrounding student mental health care often seem intractable, particularly when addressed only from a therapeutic perspective. Based on his many years of experience as a college counseling center professional and lead administrator and his more recent work at The Jed Foundation, Dr. Dunkle will share his perspective on what makes college student mental health such a vexing issue for higher education—and how to move forward as challenges multiply particularly in light of the impacts of the pandemic on student wellness and mental health. Dr. Dunkle will make the case for a comprehensive public health approach that campuses should consider to address the complicated, layered, and nuanced issues that are involved in developing policies, programs, and services to support the mental health and wellbeing of their students. This Keynote features the opportunity for participants to learn more about the most promising practices in the field, now and moving forward.

Higher Education

Diversity, Equity and Inclusion Workshop Continued... (Dunes Ballroom I/II) SESSION II, Part 2: 1:30 p.m. – 2:30 p.m.

Student-Focused Policy/Law Workshop Actions Speak Louder than Words As a continuation of Session II from the morning, this afternoon workshop will broaden the discussion with panelists engaging directly with participants around student-focused DEI policies and programming on your respective campuses using applicable scenarios and discussion topics.

SESSION III: 2:45 p.m – 4:00 p.m.

Presentation + Q&A

The Future of Race-Conscious Diversity Programs: A Lawyer-President’s Perspective Presenter: President Jonathan Alger The U.S. Supreme Court recently decided to review cases from Harvard and the University of North Carolina involving the consideration of race as a factor in admissions in order to achieve the educational benefits of a diverse student body. Given the changed composition of the Court, this interactive session will explore the potential implications of these cases for the future of race-conscious diversity programs in higher education. The discussion will include a broader look at how colleges and universities are striving to diversify their communities, including consideration of “race-neutral” alternatives and other approaches from both a legal and policy perspective.

1:30 p.m. – 2:45 p.m.

Student Mental Health Critical Issues Session: The Need for Various Types of Withdrawals and Re-Entry Policies and Protocols (Dunes III) Presenters: Tom Bennett, John Dunkle, Ph.D. and Ruperto M. Perez, Ph.D. Universities have the option to use several types of withdrawal policies and protocols when they are appropriate to manage student mental health issues. The field uses terms such as ‘medical withdrawals,’ ‘hardship withdrawals,’ ‘extenuating circumstance’ withdrawals etc.—and some withdrawal policies and protocols are voluntary, others involuntary. How do schools determine which policies and protocols to use and apply? How might student data be collected, retained, and utilized to reduce the number of repeat withdrawals and to help students succeed upon return? What types of re-entry policies and protocols are available and how do they integrate with various forms of withdrawal policies and protocols? This interactive session will help participants improve their campus interventions and illuminate promising practices in the field.

1:30 p.m. – 2:45 p.m.

College Sports in Transition: Legal and public dimensions (Pelican) 6

Presenters: Scott Bearby and James F. Haggerty The world of intercollegiate athletics has never been more unsettled, with issues of student-athlete status, compensation, and governance making news every day.

Join NCAA General Counsel Scott Bearby and attorney and communications consultant Jim Haggerty of PRCG | Sports as they review the latest changes from both legal and public perception perspectives.

3:00 p.m. – 4:00 p.m.

The Ethics of FERPA: Updates and Lessons Learned (Pelican) Presenter: Melissa Carleton Join us for updates on FERPA in the past year, including case law, a recent Clery finding, and some tricky public relations issues that help us think about how student confidentiality fits into our institutional values.

4:45 p.m. – 5:30 p.m.

The Uncertain Future of Higher Education is Here, Now (Dunes III) Presenter: Jules L. Coleman, Ph.D. We are very fortunate to have with us a delightful special guest speaker to deliver what will be a stimulating, and at times humorous, presentation about this point of inflection and reflection in higher education. Dr. Jules Coleman is a highly decorated scholar, lecturer, and author of a dozen books and over 100 scholarly articles and peer-reviewed essays. For a perfect way to wrap up the day please join the former Wesley Newcomb Hohfield Professor of Jurisprudence and Professor of Philosophy of Yale University as he draws on his decades of experience to discuss the dynamic and ever-changing landscape of higher education. (p.s. If you have not heard Dr. Coleman speak you are in for a treat!—The Chairman)

Sunday, March 6th 7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | Breakfast (Dunes Foyer) 9:00 a.m. – 10:15 a.m.

Navigating OFCCP Compliance in Higher Education During the Biden Administration (Pelican) Presenters: Paul F. White, Ph.D. and T. Scott Kelly The Office of Federal Compliance Programs (OFCCP) continues to schedule academic institutions for compliance evaluations (audits), which involve comprehensive examinations into an institution’s hiring, compensation, and other EEO practices. In the Biden Administration, OFCCP continues to push aggressive methods for investigating and alleging systemic discrimination in pay and focus on hiring, which can be challenging to defend for academic institutions in light of their decentralized nature. This session will review the

compliance issues that are unique to higher education, including organization of an AAP, who is an employee for OFCCP purposes, compensation considerations for faculty and staff. We will offer preventative strategies and practical advice on how higher education institutions can successfully prepare AAPs and defend an OFCCP audit from a legal perspective (with insights from in-house and outside counsel) as well the perspective of a university’s office of equity and access, who frequently is charged with the affirmative action compliance duties. This session will demonstrate how a balanced approach from all these perspectives assists with compliance efforts and reduces liability for higher education institutions.

9:00 a.m. – 11:45 a.m.

Title IX Investigator Training (Dunes Ballroom I/II) Presenters: Jennifer Hammat, Debbie Osgood, and Donna Smith This session is intended for Title IX Coordinators and administrators who will be called upon to conduct a Title IX investigation (or for those to whom the Title IX coordinator reports). We will also cover how to prepare outreach documents, investigation interview orders, how to gather “the universe of information,” and how to navigate the latest OCR guidance. Additionally, we will discuss the importance of framing and constructing the investigation report—in order to provide the decision maker with all that they need to have a successful hearing. We hope this will be a lively discussion and that we will be able to bring in some case law and updates that establishes the direction/contradiction of the courts in 2022. A certificate of completion for this training will be available at the end of the session.

10:30 a.m. – 11:45 a.m.

Practical and Effective Investigation of Workplace Harassment Complaints (Pelican) Presenter: Julia E. Green What exactly is an effective investigation of a workplace harassment complaint? This session will review the EEOC’s expectations for addressing workplace harassment complaints, and will then walk through strategies to meet those expectations, including practical advice about carrying out an effective and transparent investigation process that encourages disclosure, prioritizes privacy and confidentiality to the fullest extent possible, protects both employees and the organization, and hopefully results in a healthier workplace. Discussions will also cover the characteristics of an effective investigator, upon whom the employer must rely to conduct a complete and fair investigation, and how to prepare documents memorializing the investigation process and conclusions— including final reports—that exemplify thoroughness, lack of bias and objectivity. It is worth every organization’s time to examine the investigation piece of its anti-harassment process and policy to ensure that it measures up to the expectations of the EEOC, courts of law, and the court of public opinion.

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National Conference on Law Name, Image & Likeness: The New NCAA Landscape for Policy Development (Dunes IV-V) Presenters: Gemma Rinefierd, Ph.D. and Mishka Woodley, JD, LL.M This session will introduce the changes to the Name, Image and Likeness Policies for college athletes enacted by the NCAA in 2021. The panel will review what these changes mean for both student athletes and their institutions. The panel will also review promising approaches to navigating this new territory in developing university policy to support athletes. This session will explore ways that colleges and universities can develop training for athletic administrators and staff to ensure compliance with policies. Attendees will receive insight from practical examples in detailed scenarios and from facilitated discussion about those scenarios. The panel will also discuss new developments in this landscape regarding NCAA investigations in this space.

12:00 p.m. – 1:15 p.m.

CLOSING REMARKS AND KEYNOTE LUNCH: Student Success 2.0: The Wellness Revolution (Dunes III) Presenter: Holly Rider-Milkovich, Vector Solutions Imagine a world where prospective students select a campus based not just on degree programs but on the holistic experience it provides. Where college rankings incorporate measures of safety, well-being, and inclusion.

Where prevention drives academic performance, persistence, and career readiness. This is the world of higher education today. This featured keynote session will share revolutionary student success insights and innovative strategies for leveraging wellness to transform the future of the campuses and communities we serve.

1:30 p.m. – 4:00 p.m.

Title IX Investigator Training Continued...(Dunes Ballroom I/II) 1:30 p.m. – 2:45 p.m.

Disability Discrimination Issues in Higher Education: Current Hot Topics and A Proactive Framework for Avoiding Disputes Creating Disability Cultural Competence on Campus (Dunes IV-V) Presenter: Laura Rothstein Colleges and universities have been responding to federal laws relating to disability discrimination for almost half a century. Litigation relating to disputes is unnecessarily protracted and costly to everyone. Even when the university “wins,” (which is usually does), the cost of time and money to the institution and to the individuals affected could often be avoided with better policies, practices, and procedures. Institutional and key leader “cultural disability competency”—e.g., an appreciation for how disability must be incorporated in attention to diversity, equity and inclusion” can help to avoid lengthy dispute resolution.

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Higher Education

The session assumes a basic knowledge of the key principles of Section 504 and the ADA. It provides brief overview of hot topics. The primary focus of the session will provide a framework for developing policies, practices and procedures that are proactive to avoid protracted dispute resolution and litigation that is costly not only in terms of dollars and time, but which is harmful to the morale and reputation of the institutions. The framework that is needed is one that is sustainable and incorporates key campus leaders.

Inside the Beltway and Beyond: Major Regulatory Initiatives and Trends from Federal, State and Accrediting Agencies (Pelican) Presenters: John Przypyszny and Jonathan Tarnow This session will review major regulatory and policy developments going into the second year of the Biden presidency and a sharply divided Congress, including U.S. Department of Education rulemakings focused on student loan relief, institutional accountability and federal student aid certification requirements, other federal agency actions impacting higher education institutions and students, and emerging trends in state postsecondary authorization and accreditation.

Monday, March 7th 7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer) 8:00 a.m. – 9:00 a.m. | Breakfast (Dunes Foyer) 9:00 a.m. – 11:45 a.m.

Secrets to Writing an Air-tight Report (Sandpiper I & II) Presenters: Jody Shipper, Cherie Scricca, Ph.D. and Jahanna Azarian You’ve conducted the investigation, gathered all the evidence, asked all of the questions. Now, how do you put it all together in a report that is clear, comprehensive, and accurate? This report writing workshop is a handson session that will enable participants to develop and refine skills for writing strong, air-tight reports. Participants will learn the elements and structure of reports and gain insights into effectively organizing evidence and writing thorough yet concise reports that demonstrate neutrality, withstand scrutiny, and are written to be easily understood by all relevant parties. Attendees will receive helpful templates for report writing and related communications to the parties.

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National Conference on Law Bronze Sponsors

Special thanks to...

Higher Education

Conference Speakers Nate Adams, IV, Ph.D., M.A., B.C.S., Partner, Holland & Knight LLP, Chair, Florida Bar Education Law Committee Mark G. Alexander, Partner, Alexander DeGance Barnett, P.A. Jonathan R. Alger, President, James Madison University Daniel J. Altieri, Partner, Harter Secrest & Emery LLP

Carmen Johnson, Executive Officer for Diversity, Collaboration, and Inclusion, Stetson University College of Law Micah E. Kamrass, Partner, Manley Burke T. Scott Kelly, Shareholder, Ogletree Deakins Timothy Kessler-Cleary, Assistant Dean, Student Engagement and Retention, Caldwell University

Jahanna Azarian, Solutions Specialist and Manager of Marketing Solutions, Grand River Solutions

Peter F. Lake, Professor of Law, Charles A. Dana Chair and Director, Center for Excellence in Higher Education Law and Policy, Stetson University College of Law

Eric Baxter, VP & Senior Counsel, Becket Fund for Religious Liberty

Mary C. Lawson, Assistant School Board Attorney, The School Board of Miami-Dade County

Scott Bearby, Interim Senior Vice President of Legal Affairs and General Counsel, NCAA

Frederick M. Lawrence, Distinguished Lecturer, Georgetown Law Center, Secretary and CEO, Phi Beta Kappa Society

Tom Bennett, Higher Education Resource Coordinator, Acadia Healthcare

Victoria A. Lipnic, Partner, Resolution Economics, LLC

Blaze Bowers, J.D., Assistant Vice President for Academic and Student Support Services, Lincoln Memorial University Ryan Brown, General Counsel, Lincoln Memorial University J. Paul Carland, II, Esq., B.C.S., Vice President, Public Policy & General Counsel, Seminole State College of Florida Melissa Carleton, Senior Consultant at INCompliance Consulting, Partner, Bricker & Eckler Jules Coleman, Ph.D., Author and Public Speaker, Co-founder and Senior Strategic Advisor, Manhattan Court Consultancy Will Creeley, Legal Director, Foundation for Individual Rights in Education (FIRE) David J. D’Agata, J.D., Ph.D., General Counsel, Florida Virtual School Gene Deisinger, Ph.D., President, Deisinger Consulting, LLC Jean Demchak, Managing Director, Marsh, Inc. Susan Llewellyn Deniker, Chair, Labor and Employment Department, Steptoe & Johnson PLLC John Dunkle, Ph.D., Senior Advisor, Knowledge and Advising, The Jed Foundation Frank Fernandez, Assistant Professor of Higher Education Administration & Policy, University of Florida Allana Forté, Esq., SVP, Chief People & Culture Officer, CCO & Legal Counsel, Jacksonville Univeristy David A. Fugett, General Counsel and Pre-Law Advisor, New College of Florida

Joy Elizabeth Mosley, JD, MBA, Senior Director of Government Relations, Council for Christian Colleges & Universities Francisco “Cisco” Ortiz, Director of Public Safety and Emergency Management Coordinator, Stetson University Debbie Osgood, Partner, Hogan Marren Babbo & Rose Ruperto M. Perez, Ph.D., Associate Vice President, Student Health and Wellbeing, The University of Alabama Michael Pridemore, Director of Public Safety and Emergency Management Coordinator, Stetson University College of Law John R. Przypyszny, Partner, Faegre Drinker Biddle & Reath LLP Holly Rider-Milkovich, Vice President, Impact, Vector Solutions Gemma Rinefierd, Ph.D., Director of Student Affairs and Senior Advisor for Community Standards for the State University of New York System Christopher Roellke, Ph.D., President, Stetson University Jacob H. Rooksby, J.D., Ph.D., Dean, Professor of Law and Leadership Studies, Gonzaga University School of Law Laura Rothstein, Professor and Distinguished University Scholar, Louis D. Brandeis School of Law - University of Louisville Cherie A. Scricca, Ph.D., Co-Founder & Managing Director, Grand River Solutions Jody Shipper, Co-Founder & Managing Director, Grand River Solutions Donna Smith, Assistant Vice President for Equal Opportunity & Title IX, Title IX/ADA Coordinator, University of North Dakota

Julia E. Green, Partner, Harter Secrest & Emery LLP

Frank Spano, J.D., Director of Education Security Services, Allied Universal

F. Paul Greene, CIPP/US, CIPP/E, CIPM, FIP, Partner, Harter Secrest & Emery LLP

Tammy Briant Spratling, Chief Executive Officer, Community Tampa Bay

Oren Griffin, Dean, University of Tulsa College of Law

Glen Stewart, Employee Resolution Specialist for the Hillsborough Association of School Administrators (HASA), Adjunct Professor, School of Law at University of Tampa

James F. Haggerty, President and CEO, PRCG / Haggerty LLC Jennifer Hammat, Dean of Students, University of Southern Indiana Mark Hanshaw, Higher Education Attorney, Steptoe & Johnson PLLC

Jonathan Tarnow, Partner, Faegre Drinker Biddle & Reath, LLP William “Bill” Thro, General Counsel, University of Kentucky Kimberley Timpf, Senior Director of Impact, Vector Solutions

Brandi Hephner LaBanc, Vice Chancellor for Student Affairs and Campus Life, University of Massachusetts Amherst

Akeem Todman, Interim Director of Diversity and Inclusion, Office of Diversity and Inclusion, Stetson University

Ilana Horwitz, Ph.D., Assistant Professor, Department of Jewish Studies; Fields-Rayant Chair in Contemporary Jewish Life, Tulane University

Paul F. White, Ph.D., Partner, Resolution Economics, LLC

Neal Hutchens, Professor and Chair, Department of Higher Education, University of Mississippi

Joshua D. Whitlock, Principal, Jackson Lewis P.C. Mishka Woodley, JD, LL.M, Assistant Counsel for the State University of New York

National Conference on Law

Higher Education

(727) 562-7793 | higheredcenter@law.stetson.edu stetson.edu/law/highered