Center for exCellenCe in HigHer eduC ation l aw & PoliC y
Stetson University College of Law
Annual
National Conference
March 5-9, 2025
Clearwater Beach, Florida
Post-Conference Title IX Workshop: Monday, March 10
CONFERENCE INFORMATION
Registration Desk
The registration desk will be open during the following times for check-in and materials pickup:
Wednesday 5:30 p.m. – 8:00 p.m.
Thursday-Saturday 7:30 a.m. – 5:00 p.m.
Sunday 7:30 a.m. – 2:30 p.m.
Monday 7:30 a.m. – 12:30 p.m.
You will only sign in once to pick up your materials and name badge for the entire conference.
Those attending the post-conference session on Monday, March 10 (separate registration required), will need to check in on the third floor conference level near Sandpiper I/II. Check in begins at 7:30 a.m. on Monday, March 10.
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 Conference Chair
Professor of Law
Charles A. Dana Chair and Director Center for Excellence in Higher Education Law and Policy
Angela Lauer Chong Honorary Co-chair
Vice President for Student Life University of Oregon
WYNDHAM GRAND CLEARWATER BEACH
100 Coronado Drive, Clearwater Beach, Florida 33767 (727) 401-3600 | wyndhamgrandclearwater.com
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)
• 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)
Visit visitstpeteclearwater.com for additional information
Stetson University College of Law | stetson.edu/law
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.
Jennifer Lake Center Coordinator
Center for Excellence in Higher Education Law & Policy
Scan code for schedule, speakers and more
Higher Education Staff at Stetson Law
Hannah MacDonald Center Fellow
Tiera Mason
Charles A. Dana Intern
Shantanice Vaxter Center Intern
National Conference on Law Higher Education
WEDNESDAY, MARCH 5
5:30 p.m. – 8:00 p.m. | Welcome: Meet Your Fellow Attendees, Speakers, and Conference Hosts (Hotel Lobby)
5:30 p.m. – 8:00 p.m. | Registration (Dunes Foyer)
THURSDAY, MARCH 6
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:15 a.m. (Pelican)
New Attendee Orientation: Welcome to the Beach!
Presenters: Jahanna Azarian and Timothy Kessler-Cleary Welcome to the beach! The Annual National Conference on Law & Higher Education hosted by Stetson University’s Center for Excellence in Higher Education Law and Policy is an experience like no other. We bring together professionals from a variety of areas of focus who share common goals. Join conference veterans Jahanna Azarian and Tim Kessler-Cleary for a “crash course” on how to optimize your experience at the conference and get tips for navigating the robust series of workshops and presentations offered at this year’s event. You will also have the opportunity to get to know fellow new attendees and expand your professional network.
9:00 a.m. – 10:15 a.m. (Egret)
Borrower Defense to Repayment - What to Expect in 2025 and How to Respond to Claims
Presenters: Dennis Cariello and Megan Chan
In this session, the presenters will review the current state of the U.S. Department of Education’s Borrower Defense to Repayment regulations, the status of recent court actions related to those regulations, the anticipated changes related to the change in presidential administrations, and how to respond to student claims.
9:00 a.m. – 10:15 a.m. (Dunes IV/V) Higher Education Employment Law Update
Presenters: Susan Deniker and Dean Oren Griffin
Employment law issues in higher education continue to evolve, including new rules from the Supreme Court. Two highly experienced higher education employment lawyers and leaders return this year. Relying upon vast courtroom, consulting and decanal experience, they will discuss significant and relevant updates in employment law over the last year. Every higher education institution needs to know how to manage 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, tenure, exercise of religious liberties, student unionization, and more.
9:00 a.m. – 11:45 a.m. / 1:45 p.m. – 4:30 p.m. (Dunes I/II)
DAY-LONG TITLE IX BOOTCAMP: Navigating Ever-Changing Regulatory Requirements and Setting Your Campus Up for Success
Presenters: Blaze Bowers and Emma Hempel
MORNING SESSION: Title IX Regulations: Where are we now and where are we going?
Join Emma Hempel and Blaze Bowers as they conduct a deep-dive review of the 2020 Title IX regulations and their impact on campus practice. This review will analyze key 2020 provisions, prevention and training expectations, promising practices for practitioners, and formal and informal process standards. The speakers will also touch upon the developments regarding the 2024 regulations and the potential shifts in Title IX that could come from the new administration.
10:30 a.m. – 11:45 a.m. (Pelican)
Are Your Student Conduct and Disciplinary Proceedings Against Greek Letter Organizations a Defense or Exposure to Liability?
Presenters: Toby Eveland and Micah Kamrass
This presentation will discuss case studies from various jurisdictions, including Maryland, Ohio, and Washington, as to how a university’s student conduct and disciplinary proceedings against Greek Letter Organizations have been both a defense and an exposure to potential liability in civil litigation involving allegations of hazing, sexual misconduct, and First Amendment infringements.
10:30 a.m. – 11:45 a.m. (Egret)
Joining Forces: Legal Considerations and Best Practices for Strategic Partnerships in Higher Education
Presenters: Emily Bothfeld and David Rowe
In today’s higher education landscape, collaboration among higher education institutions is becoming an increasingly prevalent means of expanding educational opportunities for students. Strategic partnerships provide significant benefits, but they are not without risk. This session will explore key legal considerations for forming and maintaining effective partnerships, with a dual focus on regulatory compliance and risk management. Using a series of case studies, the presenters will offer strategies for cultivating partnerships that further institutional objectives while protecting the parties’ legal interests.
10:30 a.m. – 11:45 a.m. (Dunes IV/V)
AI in Higher Education Law and Policy Development: Embracing Innovation with Mindfulness
Presenter: Kimberley Timpf
Artificial Intelligence (AI) has the potential to completely transform higher education law and policy development. This session will explore the role of AI in compliance, policy analysis, and strategic decision-making, while emphasizing the importance of a humancentered, ethical, and wellbeing-focused approach. It will be most helpful for those who have limited experience with artificial intelligence (AI) and are looking to better understand its potential. Through clear explanations, practical demonstrations, and ethical insights, attendees will gain a foundational understanding of AI and leave with actionable strategies to begin exploring its application in their work.
The session includes:
1. Primer on AI for Higher Education: A concise introduction to AI technologies relevant to higher education law and policy.
2. Short Demonstration: Hands-on exploration of AI tools for legal and policy tasks.
3. Why Embrace AI: A discussion on the benefits of working with AI while respecting its limitations and ethical implications.
4. Human-Centered AI Integration: Strategies to use AI responsibly, mindful of the need to be designed with empathy and understanding of human needs.
Learning Objectives:
1. Gain a foundational understanding of AI and its role in higher education law and policy.
2. Learn about practical AI applications for legal and policy work, including their limitations and risks.
3. Develop first steps in creating strategies to ensure humancentered, ethical, and mindful integration of AI tools.
4. Learn about specific examples that will help provide actionable frameworks and resources for responsible AI use.
11:45 a.m. – 1:30 p.m. (Dunes III/IV/V)
WELCOME LUNCHEON AND KEYNOTE
Opening Remarks: Conference Chair Peter Lake and Conference Honorary Co-Chair Angela Lauer Chong
Keynote Speaker: Jonathan Fansmith, American Council on Education (ACE)
1:45 p.m. – 3:00 p.m. (Dunes IV/V)
Ownership, Authorship, and AI: Evolving IP Challenges in Higher Ed
Presenter: Dean Jacob Rooksby
As generative AI tools rapidly advance, questions of ownership, authorship, and copyright protection are evolving, posing new intellectual property challenges for universities. This session will explore how generative AI intersects with IP law in higher education, including potential ownership disputes over AIgenerated content, authorship attribution for AI-assisted research and teaching materials, and the implications of AI use in academic publishing. Attendees will gain insights into how institutions can address these emerging issues and establish policies that balance innovation with legal compliance.
1:45 p.m. – 3:00 p.m. (Egret)
Lead Change Without Changing Leaders
Presenters: Susan Deniker and David Rowe
Presidential tenures are getting shorter. At the same time the imperative for leading significant institutional change is increasing across the sector. From financial turnarounds to mergers and acquisitions, boards are asking CEOs to manage risky organizational change that can imperil a presidency. Join Susan Deniker and David Rowe to discuss the pressures on college and university presidents and how updated presidential contracts, metrics, and assessments can protect the institution’s interests while providing confidence and security for visionary change-agents.
1:45 p.m. – 3:00 p.m. (Pelican)
NCAA Update
Presenters: Scott Bearby and James Haggerty
The world of intercollegiate athletics remains 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.
1:45 p.m. – 4:30 p.m. (Dunes I/II)
DAY-LONG TITLE IX BOOTCAMP: Navigating EverChanging Regulatory Requirements and Setting Your Campus Up for Success [Continued from AM]
Presenters: Blaze Bowers and Emma Hempel
AFTERNOON SESSION: Take the Best, Leave the Rest: Setting Up Title IX and Equity Offices for Success
This portion of the Bootcamp focuses on providing practical guidance and support for professionals tasked with overseeing Title IX compliance and equity initiatives within their institutions. Emma and Blaze, Grand River Solutions Title IX and equity practice experts, will dive into the crucial role of Title IX and equity officers, coordinators, and directors in promoting access, equity, and accountability on college campuses, across functional areas. The facilitators will provide promising practices for streamlining and aligning equity response processes by embracing the best aspects of Title IX. Explore how Title IX aligns with other equal access statutes—like Clery, the ADA, Section 504, VAWA, etc.—and how leveraging its strengths can enhance compliance with broader mandates. Attendees will hear how to integrate the effective components of Title IX into broader equity response frameworks, ensuring a cohesive and comprehensive approach.
3:15 p.m. – 4:30 p.m. (Dunes IV/V)
AI on Campus: Risk and Reward
Presenters: Paul Greene and Ankur Sheth
AI adoption has accelerated at a breakneck pace, and campuses are dealing with the competing pressures of how to responsibly adopt AI solutions and manage the risk that comes along with them. This session will explore the main areas of risk and reward for AI adoption on campus, addressing multiple perspectives, e.g., students, administration, and compliance. The session will explore the developing regulatory landscape and overlap into familiar regulatory territory, e.g., intellectual property considerations, Title IX, privacy, and security. The session will also provide best practices for developing an AI governance function at your institution, and identify pitfalls to avoid in your AI adoption journey.
3:15 p.m. – 4:30 p.m. (Pelican)
Crisis Management and the Court of Public Opinion
Presenter: James Haggerty
Campus protests. Security incidents. Laws and regulations. Cybercrime and ransomware attacks. Higher education institutions face a variety of issues and crises… and very often institutions are unprepared. In this session, author, crisis communications consultant, and Stetson Law graduate James Haggerty will lay out best practices in crisis communications—the structure and leadership essential to responding effectively to all types of sensitive issues and events.
Session panelists will offer a primer for individuals wanting to learn more about, or seeking a refresher on, some of the fundamentals of campus speech law including time, place and manner rules. If you need a session that provides you with foundational information on free speech, this is the one to attend. Other free speechrelated sessions will delve directly into recent free speech issues and will assume that participants have footing on the foundational information offered in this session. This session is your primer, if you would like one.
10:30 a.m. – 11:45 a.m. (Egret)
Managing Risk and Compliance in International Programs
Presenter: Seth Gilbertson
This session will explore some of the many legal challenges higher education institutions face in administering international programs. Attendees will gain policy and practice insights into critical issues, including student privacy, employment of faculty and staff abroad, managing student conduct and discipline across jurisdictions, providing disability accommodations, and addressing housing and transportation arrangements. The session will also cover best practices for ensuring comprehensive insurance coverage and mitigating liability risks. Designed for attendees from multiple disciplines whose work intersects with international education, this presentation will offer practical strategies to ensure compliance and safeguard institutional interests while supporting participants in international programs.
11:45 a.m. – 1:30 p.m. (Dunes III/IV/V) AWARDS LUNCHEON AND KEYNOTE
Remarks: President Christopher Roellke, Stetson University
William A. Kaplin and Facilitator Awards Presentation: Conference Honorary Co-Chair Angela Lauer Chong and Chair of the Center for Excellence in Higher Education Law & Policy Conference Awards Committee Blaze Bowers
Keynote Speaker: Jim Moore, U.S. Department of Education
1:45 p.m. – 3:00 p.m. (Dunes I/II)
Common U.S. Department of Education Campus Safety Program Review Findings
Presenters: Michael DeBowes, Jim Moore, and Dolores Stafford
2025 marks the 35th anniversary of the Clery Act, and the 36th anniversary of the Drug-Free Schools and Communities Act (DFSCA). Although these campus safety laws have been in place for decades, institutions of all types continue to violate them. In this session, two national experts will be joined by the Senior Advisor for Clery Act Compliance and Campus Safety Operations at the U.S. Department of Education to discuss recent (albeit lesser-known) program reviews addressing Clery Act and DFSCA noncompliance. Presenters will explore trends related to federal monitoring and enforcement efforts and provide perspective on the steps your institution can take to bolster existing efforts to comply with these foundational laws.
1:45 p.m. – 3:00 p.m. (Dunes IV/V)
The Impact of the Supreme Court Triad of Decisions in Loper Bright, Corner Post, and SEC on Higher Education
Presenters: Nathan Adams, Seth Gilbertson, Peter Lake, and Debora Osgood
2024 marked a turning point in federal administrative and regulatory law. In a triad of remarkable cases, SCOTUS has rewritten fundamentals of the law of the regulatory state heralding in a new era for federal courts in the management of federal regulation generally. This session will address the critical holdings in each of the triad of cases, and, most importantly, the implications for federal regulation of higher education moving forward. The theme of this year’s conference is heavily focused on the end of the Chevron era, and what the law may look like for colleges and universities following this seismic legal moment. As you attend this session remember that very few lawyers today practiced law in the pre-Chevron period…join us as we explore the uncharted legal territories ahead.
1:45 p.m. – 3:00 p.m. (Pelican)
The State of Inclusivity—What to Expect in 2025 and Beyond at the State and Federal Levels
Presenters: Allana Forte and Carmen Johnson
As “DEI” programs and initiatives continue to face legislative bans and other challenges, campus communities across the country are navigating a complicated landscape of staying in compliance while also supporting the needs of their students, personnel, and institutional goals/mission. This session will focus on the future of inclusivity programs in higher education based on recent and anticipated developments, and practical strategies for practitioners, campus leaders, and advisors to consider as we work to strike the right balance in this ever-changing landscape.
3:15 p.m. – 4:30 p.m. (Dunes I/II)
Compliance at the Crosswalk: Understanding Clery and Title IX Intersections
Presenter: Andrea Stagg
Whichever Title IX regulations pertain, the overlap between the Clery Act and Title IX has not changed. In this session, attendees will learn to identify the origin of policy language and training requirements relating to sexual and interpersonal violence response. Topics will include advisors, burden of proof, procedural requirements, definitions of prohibited conduct, and recordkeeping. The presenter will also discuss the newest amendments to Clery around hazing, and how those could potentially interact with Title IX obligations.
3:15 p.m. – 4:30 p.m. (Pelican)
Navigating the Role of Campus Climate Surveys: Legal Compliance, Campus Culture, and Best Practices
Presenter: Charity Stutzman
This session will address the concept of climate surveys, tracing their historical development and examining their significance in today’s educational landscape. The session will explore how these surveys have evolved over time and what they currently signify for universities, particularly in light of Title IX regulations and Title VI
National Conference on Law Higher Education
enforcement. Discussions will address the proactive measures that campuses can take in response to these regulations. The session will highlight why campus climate surveys are crucial tools for fostering a safe and supportive environment for students, faculty and staff, but also play an essential role in helping institutions mitigate risk and liability issues. The session will also cover best practices regarding what should be included in a climate survey—elements that ensure it effectively captures relevant data about student, faculty and staff experiences. The goal is not only to inform but also provide practical strategies participants can implement at their own institutions.
3:15 p.m. – 4:30 p.m. (Egret)
SUPREME COURT WATCH—What’s on the Docket?
A Discussion of Recent and Pending SCOTUS Cases Affecting Higher Ed
Presenters: Susan Deniker and William Thro
The U.S. Supreme Court ‘s decisions in non-higher education cases often have a profound impact on higher education. This is particularly true for cases concerning individual rights, discrimination statutes, or the authority of the administrative state. This session will discuss recent decisions with higher education implications that you may have missed as well as cases for the 2024-25 term that may have a profound impact on higher education.
3:15 p.m. – 4:45 p.m. (Dunes IV/V)
Leadership Panel
Panelists: President Jonathan Alger, President Christopher Roellke, Chuck Ambrose, and Fredrick Lawrence
Moderator/Contributor: David Rowe
Attendees clamor for an opportunity to hear directly from higher education’s most senior leaders on the issues that keep those leaders up at night—and even more so their visions for the future of the field. Are we at a historic inflection point in higher education? What makes a great leader in these challenging times? Please join our esteemed panelists for a lively and informative discussion of how to navigate higher education through turbulent and exciting times.
SATURDAY, MARCH 8
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:15 a.m. (Dunes I/II)
Rethinking College Adjudication Systems: Embracing Informal Resolution and Mediation
Presenters: Kristine Goodwin and Nathan Perry
This presentation will delve into the challenges within college adjudication systems, particularly those modeled after traditional court systems. While these structures were designed with the intention of promoting fairness and justice, they often fall short, leading to inefficiencies and dissatisfaction among students and
administrators alike. Many comments on the 2020 and 2024 Title IX regulations drew attention to this. Drawing upon real-world examples and case studies, the presenters will highlight the limitations of adversarial systems and their impact on campus culture. Moreover, they will advocate for a paradigm shift towards informal resolution processes and mediation. By prioritizing dialogue, collaboration, and empathy, these alternative approaches offer a more holistic and sustainable means of resolving conflicts within educational institutions. Join the presenters as they envision a future where colleges and universities prioritize community-building and education over punitive measures, creating safer and more inclusive learning environments for all.
9:00 a.m. – 10:15 a.m. (Dunes IV/V)
TITLE VI Update— Balancing Expectations of Executive Orders, OCR Guidance, Judicial Updates, and Congressional Demands in Higher Education
Presenters: Amy Fabiano and Brigid Harrington
This session will review major Title VI updates under the Biden Administration, such as OCR resolution agreements, guidance, and federal judicial decisions, in addition to providing an overview of recent Title VI developments under the Trump Administration, including Executive Orders and OCR guidance and investigations. Given the ever-changing regulatory and political environment, the presenters will focus the bulk of the discussion on what to expect from the federal government now and what institutions of higher education can proactively do.
9:00 a.m. – 10:15 a.m. (Pelican)
Circuit Breaker: The Conflicting Read on Bias Response by Federal Courts
Presenter: Adam Hark
In his unsuccessful attempt last term at persuading the Court to address bias response teams on campus, Justice Thomas said it “...present[ed] a high-stakes issue for our Nation’s system of higher education...,” warning that conflicts in caselaw on bias response if left unresolved leads to “a patchwork of First Amendment rights on college campuses...” Less than a year later, in Speech First, Inc. v. Whitten, the constitutionality of bias response teams is again knocking at the door of the Supreme Court, perhaps this time compelling the resolution of a clear federal circuit split. This session will dive into the state of litigation on the issue, identifying and analyzing-- as the courts have-- key elements of bias response practices at college and universities and the extent to which those practices may have a chilling effect on speech. With increasing pressure on campuses to meet Title VI obligations, this session will be mission critical for many attendees.
9:00 a.m. – 10:15 a.m. (Egret)
Shared Governance
Presenter: Shannan Stamper
This session will review the concept of shared governance, including debates and proposals on what shared governance should look like as higher education continues to adapt to a 21st century society’s needs.
10:30 a.m. – 11:45 a.m. (Dunes I/II)
Disability Law Updates
Presenter: Laura Rothstein
The presentation will focus on some of the current issues under Section 504/ADA that higher education is addressing and will highlight the importance of a proactive approach by leaders and attorneys in ensuring not just compliance with the requirements, but how to go about establishing policies, practices, and procedures that address what MUST be done (legal requirements), what CAN be done (beyond what may be legally mandated), and what SHOULD be done (to ensure fairness and balance in light of shrinking resources). Primary attention will be given to post-COVID issues (particularly attendance and remote work), dual enrollment or high school students with disabilities, mental health issues, neurodiversity, and documentation of disabilities. Some crystal ball focus will be given to what the change in federal administration policy might signal for how institutions of higher education should prepare for potential changes in statutes, regulations, guidance, judicial deference to agency regulations, enforcement, and federal funding.
10:30 a.m. – 11:45 a.m. (Dunes IV/V)
Who’s Who in Title IX Employee Reporting:
Establishing, Understanding and Navigating Employee Reporting Obligations in 2025
Presenters: Blaze Bowers and Emma Hempel
Responsible employees, mandatory reporters, reporting obligations—oh my! Understanding employee reporting obligations can be rocky terrain to navigate. Join Emma Hempel and Blaze Bowers, Grand River Solutions Title IX and equity practice experts, in this practice-oriented session as they unpack the intricacies of Title IX reporting and how to promote a healthy and vibrant reporting culture on campus—one that goes beyond compliance and focuses on access and equity. Participants will delve into the components of institutional reporting structures, understand distinctions and intersections with Clery and VAWA reporting requirements—and the new Stop Campus Hazing Act—explore 2024 employee obligations related to pregnancy and related conditions, and gain insights into the unique roles of confidential and non-confidential employees. Attendees will explore how to effectively identify incidents that trigger reporting obligations and understand reporting nuances.
10:30 a.m. – 11:45 a.m. (Pelican)
Global Perspectives on the Law of Higher Education: The Legal and Policy Landscape in the United Kingdom
Presenter: Gary Attle
In this session an overview of the higher education landscape in the UK will be provided, allowing time and opportunity for discussion about how this compares with the landscape in the United States. Many commentators have suggested that the UK higher education sector is at an inflexion point given concerns about the financial sustainability of institutions due to the diminishing real value of income from undergraduate tuition fees and the downturn in the number of international students. A new Labour Government was elected in July 2024, following 14 years of a Conservative Government. What are the challenges, priorities and opportunities for the UK higher education sector and how will institutions, students and the new Government respond? What might US institutions learn from the UK experience?
10:30 a.m. – 11:45 a.m. (Egret)
Differentiating Academic Freedom from Free Expression
Presenters: Frederick Lawrence and David Rabban
Academic freedom and free expression are best conceptualized as distinct rights. The general right of free expression is individualistic and egalitarian: the specific right of academic freedom is communitarian and meritocratic. The general right of free expression protects the right of all citizens to express themselves about a broad range of subjects. It requires content and viewpoint neutrality in “the marketplace of ideas.” The specific right of academic freedom primarily protects the right of a limited group of people within universities to pursue and convey their expert knowledge. It does not extend to content or viewpoints that fail to meet academic standards as determined by faculty peers.
This panel will explore the distinctions between free expression and academic freedom, particularly under the First Amendment, and will consider such topics as:
• Whether the right of academic freedom belongs to individual faculty members, the academic institution in which they serve, or both.
• The constitutional employee-speech doctrine for faculty at public institutions.
• The protections offered by academic freedom for expert speech that bears directly on matters of state or university policy.
• Non-constitutional doctrines affecting faculty at private colleges and universities.
• Whether students are and should be entitled to academic freedom.
11:45 a.m. – 1:30 p.m. (Dunes III/IV/V)
LUNCH SESSION: CRYSTAL BALL PANEL
Remarks: Provost Elizabeth Skomp, Stetson University
Crystal Ball Panelists: Gary Attle, Melissa Carleton, Susan Deniker, Jennifer Hammat, Adam Hark, Peter Lake, Thomas Major, Jr., Judith Risch, David Rowe, and William Thro
Crystal Ball Panel Moderator: Honorary Conference Co-Chair Angela Lauer Chong
Join our panel of visionaries as they take a mostly serious, but sometimes fun, look into the future of higher education law and policy. There may be an appearance from futurist “Whammo-the Magnificent,” although in the future nothing is certain.
1:45 p.m. – 3:00 p.m. (Dunes I/II)
Campus Protests and Unrest (Part 1)
Presenters: President Jonathan Alger, Tyler Coward, Neal Hutchens, Frederick Lawrence, and William Thro
In this session, some of the nation’s leading law and policy experts will weigh in on ongoing institutional efforts to respond to campus protests and unrest, particularly in relation to student speakers and protestors. Topics include when speech and protests potentially cross into unprotected harassment under civil rights laws, notably Title VI. Efforts to sharpen time, place, and manner restrictions related to emerging challenges around campus protests, such as restrictions on encampments or open flames, will also be covered.
National Conference on Law Higher Education
1:45 p.m. – 3:00 p.m. (Dunes IV/V)
Title IX Litigation Update
Presenters: Kristina Hartman and Jacob Sapp
Join Jacob Sapp and Kristina Hartman for the Conference’s popular presentation on Title IX Litigation Updates. This session will provide an overview of Title IX’s evolution in the federal system and prioritize practical takeaways from recent litigation and OCR resolutions. Among other litigation topics your presenters will provide up to the minute analysis of the status of litigation relating to the enforceability of 2024 and 2020 Title IX regulations.
1:45 p.m. – 3:00 p.m. (Pelican)
Ensuring Everyone Has Access: The Evolving Legal Landscape of Web Accessibility and Mobile Applications
Presenter: Judith Risch
Currently, there are vague requirements for digital accessibility in Section 504 of the Rehabilitation Act and in the Americans with Disabilities Act (Title II and Title III). In less than two years, there will be specific requirements for all public higher education institutions; they will need to comply with new digital accessibility regulations tied to the Americans with Disabilities Act (Title II). Additionally, higher education institutions with funding from HHS will need to comply with new Section 504 regulations that also cover digital accessibility. Get up-to-speed with an expert in the regulatory space for accessibility in higher ed. Hear about whom and what will be impacted by the new regulations across universities, colleges, community colleges, and hospitals. Learn what future regulatory changes are anticipated, including those that will impact private colleges. There will be a discussion on how the new administration will affect the digital accessibility regulations work of the Biden administration.
1:45 p.m. – 3:00 p.m. (Egret)
Judicial Attitudes: A Comparison of Higher Education Policies between Blue States and Red States (Yes, There is a Difference!)
Presenter: Glen Stewart
In these turbulent times, higher education policies and attitudes may differ on the state level. In addition, judicial interpretations may differ among the states. Nevada, the home base of the presenter, is unique because it is currently considered a purple state. How do the policies differ from what are considered blue states and red states? In this session, the presenter will explore and compare the wide range of education policies and legislation and the attendant impacts on faculties and students, including athletics.
3:15 p.m. – 4:30 p.m. (Dunes I/II)
Campus Protests and Unrest (Part 2)
Presenters: President Jonathan Alger, Tyler Coward, Neal Hutchens, Frederick Lawrence, and William Thro
Our leading law and policy experts will continue the conversation on issues dealing with institutional responses to campus protests and unrest. This session will consider college and university responses, including potential disciplinary actions, to speech and activism by faculty and staff members that violate institutional standards,
along with considering the free speech rights possessed by employees. The session will also consider efforts to adopt principles of institutional neutrality. Additionally, discussion will include efforts to promote campus-wide dialogue and education around issues of civic engagement, and ways to build bridges with campus constituents who hold contrasting political and social views.
3:15 p.m. – 4:30 p.m. (Dunes IV/V)
A 360 Degree View of Title IX
Presenters: Patricia Hamill, Deborah Osgood, and Donna Smith
The long-awaited changes to the Title IX regulations came in 2024, and were immediately pulled back by the Trump Administration, leaving much uncertainty. This presentation will focus on the status of the Title IX regulations, what is in the here and now, and what may come. In light of the current uncertainty, the presentation will focus on both institutional obligations and individual impacts from the complainant, respondent and neutral side. The presenters will share an overview of the disciplinary process from start to finish –from initial report to final determination and appeal. The presenters will also highlight the impacts to the parties in these proceedings, including options and opportunities for informal or alternative resolutions. All combined, this well-rounded panel comprises those who have advised institutions on their compliance obligations; served in the Department of Education’s Office for Civil Rights; acted as Title IX coordinators, investigators, hearing officers, and advisors to both complainants and respondents; and litigated issues arising out of Title IX proceedings.
3:15 p.m. – 4:30 p.m. (Pelican)
Significant Risks Facing Higher Education - Risks All Higher Educational Professionals Should be Thinking About
Presenter: Cynthia Vitters
There is no shortage of headwinds facing higher education and the risks are evolving and manifesting themselves in ways not seen before in the industry. Institutions that take an enterprise-wide approach to identifying, assessing, prioritizing and responding to these risks will be better positioned to be resilient in these challenging times. This session is focused on leading practices in defining risk vs. risk drivers and how defining risk impacts an institution’s ability to respond. This session will also unpack the most pressing issues that everyone should be thinking about.
3:15 p.m. – 5:00 p.m. (Egret)
“A Pathway Forward”
Pipeline Partnership Programs Between High Schools and Higher Education: A Tool for Universities to Open Doors to Economically Disadvantaged Students”
Presenter: Laura Rothstein
In response to the 2023 Supreme Court ruling on affirmative action, the value of high school pipeline programs as a means of maintaining and increasing diversity from unrepresented backgrounds has been recognized. Within legal education there
National Conference on Law Higher Education
trends and employ a set of best and innovative practices in order to create and sustain a culture of excellence for your campus and beyond. Fortunately, there are many available strategies, tactics, and resources to support the growth, development, inclusion, empowerment, and wellness of employees … all to the betterment of our institutions and our many stakeholders.
11:45 a.m. – 1:30 p.m. (Dunes III)
CLOSING KEYNOTE AND SPIRIT OF THE LAW AWARD LUNCHEON
Peter F. Lake Spirit of the Law Award Presentation: Conference Chair Peter Lake and Stetson Alum Blaze Bowers
Keynote Speaker: Patricia Salkin, Touro University
MONDAY, MARCH 10
Post Conference Workshop: Separate Registration Required
7:30 a.m. – 12:30 p.m. | Registration (Third Floor Foyer)
8:00 a.m. – 9:00 a.m. | Breakfast (Third Floor Foyer)
9:00 a.m. – 11:45 a.m. (Sandpiper I/II)
Report-Writing Reset: Consistently Delivering Strong Reports
Presenters: Chantelle Botticelli and Blaze Bowers
The ability to craft well-structured, clear reports is a critical skill for investigators in higher education. Whether documenting a Title IX hearing, a Title VI or Title VII investigation, or workplace bullying, investigators must master essential competencies to ensure their reports withstand scrutiny.
This skill-building session, led by Chantelle Botticelli and Blaze Bowers, focuses on revitalizing and sharpening these core skills: developing the investigation scope; drafting a strong investigation plan; balancing trauma-informed principles with thoroughness and weighing of evidence; determining relevance; making credibility and reliability determinations; and strong drafting skills. Ideal for professionals seeking to refresh or reset their approach, this interactive workshop provides practical tools, strategies, and confidence to deliver reports that meet the highest standards.
CONFERENCE SPEAKERS
Nathan Adams IV, Partner, Holland & Knight LLP; Vice Chair, Florida Bar Education Law Committee
Jonathan Alger, President, American University
Chuck Ambrose, Senior Education Consultant, Husch
Blackwell
Gary Attle, Consultant, Birketts LLP; Advisory Board Member, IntoUniversity
Jahanna Azarian, Director of Marketing, Grand River Solutions
Scott Bearby, Senior Vice President of Legal Affairs and General Counsel, NCAA
Emily Bothfeld, Partner, Hogan Marren Babbo & Rose, Ltd.’s Education Practice
Chantelle Botticelli, Senior Director of Business Development, Grand River Solutions
Blaze Bowers, Regional Director, Grand River Solutions; Lecturer, University of Tennesee
Dennis Cariello, Shareholder, Hogan Marren Babbo & Rose, Ltd.
Melissa Carleton, Senior Consultant, INCompliance Consulting; Partner and Higher Education Chair, Bricker Graydon
Megan Chan, Partner, Hogan Marren Babbo & Rose, Ltd.
Jeffrey Chasen, Assistant Vice Chancellor for Human Resources & Director of the ADA Resource Center, The University of Kansas
Tyler Coward, Lead Counsel, Government Affairs, FIRE
David D’Agata, General Counsel, Florida Virtual School and FlexPoint
Michael DeBowes, Vice President, Regulatory Compliance and Strategic Initiatives, D. Stafford & Associates
Gene Deisinger, President, Deisinger Consulting, LLC
Susan Llewellyn Deniker, Member/Executive Committee, Steptoe & Johnson PLLC
Brent Ericson, Assistant Dean, George Mason University
William “Toby” Eveland, Chicago Managing Partner, Saul Ewing LLP
Amy Fabiano, Senior Attorney, Hunton Andrews Kurth LLP
Jonathan Fansmith, Senior Vice President, Government Relations and National Engagement, American Council on Education
Allana Forte, Senior Vice President, Chief Compliance Officer and Legal Counsel, Chief People and Culture Officer, Jacksonville University
Seth Gilbertson, Chief Counsel, University at Buffalo
Valerie Glassman, Senior Director for Student Affairs, University of North Carolina School of Medicine
Kristine Goodwin, Interim Assistant Provost, North Shore Community College; Attorney, GoodWin Resolutions
F. Paul Greene, Partner, Harter Secrest & Emery LLP
Oren Griffin, Dean, University of Tulsa College of Law
James Haggerty, President and CEO, PRCG | Haggerty LLC and PRCG | Sports
Patricia Hamill, Member, Clark Hill
Jennifer Hammat, Associate Vice President for Student Engagement, Division of Student Success & Enrollment Management, Florida Gulf Coast University
Adam Hark, Legal Counsel, Maxient LLC
Brigid Harrington, Senior Attorney, Hunton Andrews Kurth LLP
Kristina Hartman, Associate University Legal Counsel, Virginia Tech
Steven Healy, Co-Founder and Chief Executive Officer, The Healy+ Group
Emma Hempel, Title IX Coordinator Services, Grand River Solutions
Neal Hutchens, Professor, Department of Educational Policy Studies and Evaluation, University of Kentucky
Carmen Johnson, Executive Officer for Institutional Inclusive Excellence, Stetson University
Micah Kamrass, Partner, Manley Burke
Daniel Kaufman, Partner, Michael Best & Friedrich LLP
Timothy Kessler-Cleary, Director of Student Affairs, Florida State University Panama City
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
Angela Lauer Chong, Vice President for Student Life, University of Oregon
Frederick M. Lawrence, Distinguished Lecturer, Georgetown Law Center; Secretary and CEO, Phi Beta Kappa Society
Thomas Major, Jr., Associate General Counsel, Lumina Foundation
Jim Moore, Senior Advisor for Clery Act Compliance and Campus
Safety Operations, U.S. Department of Education
Debora Osgood, Shareholder, Hogan Marren Babbo & Rose, Ltd.
Nathan Perry, Supportive Measures/ Informal Resolution Manager, Vanderbilt University
John Przypyszny, Partner, Faegre Drinker Biddle & Reath LLP
David Rabban, Jamail Regents Chair in Law and Distinguished Teaching Professor, University of Texas at Austin School of Law
Judith Risch, Title IX & Equity/Access Services Special Advisor, Grand River Solutions
Christopher Roellke, President, Stetson University
Jacob Rooksby, Smithmoore P. Myers Dean & Professor of Law, Gonzaga University School of Law
Laura Rothstein, Emerita Professor of Law and Distinguished University Scholar, University of Louisville
David Rowe, Founder and President, The Windermere Group, LLC
Patricia Salkin, Senior VP of Academic Affairs, Provost, Graduate and Professional Divisions and Professor of Law, Touro University
Jacob Sapp, Attorney, Woolsey Morcom
Ankur Sheth, Senior Managing Director, Ankura
Elizabeth Skomp, Provost, Vice President of Academic Affairs and Professor of World Languages and Cultures (Russian), Stetson University
Donna Smith, Assistant VP, Equal Opportunity and Title IX, University of North Dakota
Dolores Stafford, President & CEO, D. Stafford & Associates
Andrea Stagg, Director of Consulting Services, Grand River Solutions
Shannan Stamper, Deputy General Counsel for Academics, Finance, Students, and Athletics, University of Kentucky
Glen Stewart, Program Attorney, National Judicial College; Employee Resolution Specialist, Hillsborough Association of School Administrators
Charity Stutzman, Senior Director, Higher Education Strategy, Vector Solutions
Jonathan Tarnow, Partner, Faegre Drinker Biddle & Reath, LLP
William “Bill” Thro, General Counsel, University of Kentucky
Kimberley Timpf, Independent Consultant
Cynthia Vitters, Managing Director, Deloitte & Touche LLP
National Conference on Law Higher Education
MANY THANKS TO OUR CONFERENCE SPONSORS!
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BRONZE LEVEL SPONSORS
WILLIAM A. KAPLIN
May 11, 1942 - October 21, 2024
Beloved Professor and Scholar Whose Pioneering Work Shaped the Field of Higher Education Law
Bill Kaplin was the master cartographer of higher education law. There are so many positive things to say about Bill’s work but one of his most important contributions was to make the field navigable. For anyone entering the field, practicing in it, writing about it, or teaching it, the various editions of Bill’s foundational work were essential in starting their journey and completing it. In retrospect if Bill had not had the ambitious goal of mapping the known universe of higher education law for all of us, I fear many of us would have been simply…lost. Bill also dedicated himself tirelessly to the Herculean task of keeping the map of an expanding universe up to date in a rapidly changing field. I was fortunate to know Bill as an important asset to Stetson University College of Law as a teacher/colleague and in service to our Center for Excellence in Higher Education Law & Policy. Bill’s legacy will live on in his namesake award at the Annual National Conference on Law and Higher Education and most of all in those he trained and inspired.
–Peter Lake, Professor of Law, Charles A. Dana Chair, and Director of the Center for Excellence in Higher Education Law & Policy, Stetson University College of Law
Bill Kaplin was an outstanding thought leader and legal educator who served the higher education community with distinction. His scholarship and writings in higher education law and policy have represented a primary resource for students and faculty in graduate and professional programs for decades. He leaves behind a legacy that has given lawyers, academic administrators, student affairs personnel, and others a pathway to study the application and impact of the rule of law in postsecondary education.
–Oren R. Griffin, Dean & Professor of Law, University of Tulsa College of Law
William Kaplin was truly a pioneer and giant in the field of higher education law. The landmark legal treatise that he first published as a solo author in 1978 established an essential scholarly treatment of higher education law for courts, attorneys, higher education practitioners, and students. Describing someone as an “original” is often an exaggeration, but, in the case of Bill Kaplin, it is an absolutely fitting description for a remarkable life and career.
–Neal H. Hutchens, Professor, Department of Educational Policy Studies & Evaluation, University of Kentucky
I count myself fortunate to have been among the hundreds of students that had the opportunity to learn from Professor Kaplin in the classroom, in addition to the thousands that have learned from his scholarship. He gave support and autonomy to his students, and was always willing to help me find an obscure rule or case to bolster my work. To have learned from such a giant in the field was incredible, but to have experienced his kindness is what I will always remember.
–Angela Lauer Chong, Vice President for Student Life, University of Oregon
To refer to Bill Kaplin as a pioneer of higher education law is no exaggeration. He saw clearly, before many of his colleagues, that colleges and universities were increasingly becoming regulated by federal and state governments, and by judicial enforcement of the plethora of new laws that were created in the 1960s and 1970s. In the Preface to the first edition of his award-winning book, The Law of Higher Education: Legal Implications of Administrative Decision Making (1978), he noted that “The Law has arrived on the campus—sometimes it has been a beacon, other times a blanket of ground fog. . . It has come noisily and sometimes has stumbled. And even in its imperfections the law has spoken forcefully and meaningfully to the higher education community and will continue to do so.” We are all in his debt.
–Barbara Lee, Editor, Journal of College & University Law; Distinguished University Professor, Rutgers University
Our community lost a giant with the recent passing of Bill Kaplin. Bill was a mentor, colleague, and friend with a tireless work ethic and boundless enthusiasm for learning and sharing knowledge about the field of higher education law—a field he very much came to define through his scholarship. I already miss his collaboration, generosity of spirit, and keen insights.
–Jacob
Rooksby, Smithmoore P. Myers Dean & Professor of Law, Gonzaga University School of Law
Bill Kaplin is the foundational scholar for higher education law. I taught higher education law at Houston from 1985 to 1986, where I taught the class with Michael Olivas, using Bill’s textbook, the first book on the topic and the foundation for organizing higher education law. He also laid the foundation for editing the Journal of College & University Law, which I had the privilege of serving as Faculty Editor at West Virginia from 1980 to 1986 to build on his work. It was one of the greatest honors to have been awarded the William Kaplin Award in the third year that Stetson awarded it in 2011. Part of the experience was having lunch with Bill, during which his constant broad smile, positive attitude and gentle intellect made the honor even more special.
–Laura Rothstein, Emerita Professor of Law and Distinguished University Scholar, University of Louisville
Bill Kaplin created the field of Higher Education Law and, in doing so, implicitly defined the job responsibilities for the General Counsel positions that would be created in the future. First, by recognizing there was a unique higher education perspective to free speech, religion, equal protection, due process, immunity, bankruptcy, and virtually every other area of the law, Bill created the field of Higher Education Law with his 1978 treatise and subsequent editions. Second, because of the breadth of Higher Education Law, institutions creating new positions for in-house General Counsel had to focus on generalists—lawyers who knew something about a variety of areas rather than experts in specific areas.
–William Thro, General Counsel, University of Kentucky
Lobby, Front Desk, Lobby Bar and Restaurant located on this side on same level
Elevator and staircase that only services between meeting floors
Located on 3rd floor – one level up from Ballroom
Beach
Beach
Dunes I
Dunes II
Dunes V
Dunes IV