NACUA 2017 Annual Conference : NACUA - National Association of College and University Attorneys

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Sunday, June 25, 2017
9:00 am - 11:00 am
	N4. Southeastern Conference General Counsel Meeting
	[none]
	Room: Ontario
	Meeting of attorneys who represent the fourteen member institutions in the Southeastern Conference. Following an introduction and general discussion, the attorneys will break into small groups to discuss specific practice areas.

10:00 am - 11:30 am
	AG01. WACO
	[none]
	Room: Gold Coast
	WACO is an informal gathering of college and university attorneys representing western member institutions. All NACUA members are welcome.

11:00 am - 12:00 pm
	SIG1. Community Colleges
	[none]
	Room: Arkansas
	Discussion among attendees representing community colleges.

	SIG2. Museums, Libraries, and Collections
	[none]
	Room: Colorado
	Discussion among attendees representing museums, libraries, and collections.

	SIG3. Religious and Church-Related Institutions
	[none]
	Room: Mississippi
	Discussion among attendees representing religious and church-related institutions.

	SIG4. Academic Medical Centers and Medical Colleges
	[none]
	Room: Missouri
	Discussion among attendees representing academic medical centers and medical colleges.

	SIG5. Historically Black Institutions
	[none]
	Room: Ohio
	Discussion among attendees representing historically black institutions.

1:00 pm - 2:30 pm
	PLENARY. Welcome and Opening Plenary: The First Amendment in Higher Education - Protecting Free Expression & Preserving Inclusivity Sponsored by Pepper Hamilton LLP
	[none]
	Room: Sheraton Chicago Ballroom 4 - 7


2:30 pm - 3:00 pm
	B1. Break Sponsored by Wilmer Hale
	[none]
	Room: Sheraton Chicago Ballroom Promenade


3:00 pm - 4:15 pm
	01A. I Agreed to What?! Advanced Contract Negotiations for Public Institutions
	Advanced, Regular Session
	Room: Chicago Ballroom 9
	Risk shifting and indemnification (with the possibility of providing several different flavors of indemnification clauses and insurance clauses) Insurance requirements; mediation and arbitration; limitation of liability; good boilerplate clauses and how to use them Ensuring that business units are thinking of and incorporating core business terms into the agreement Developing a process for determining when general counsel’s office should be involved in larger dollar contracts Tips for safeguarding the public good and public dollars

	01B. Digital Accessibility: A Discussion of Challenges and Strategies for Success
	Intermediate, Discussion Group
	Room: Superior
	Sharing information about litigation and compliance reviews and resolution agreements Strategies for avoiding claims Practical tips for creating an accessible digital environment

	01C. What's Next for Health Care Reform?
	Intermediate, Regular Session
	Room: Sheraton Ballroom 3
	Deconstruction of the current state of affairs A look at repeal/replace/repair (and tax reform!) Effecting change through non-legislative tools What does this all mean for you, the employer?

	01D. Religious Liberty: The New Civil Rights Issue of Our Time
	Intermediate, Regular Session
	Room: Sheraton Ballroom 2
	Overview of religious discrimination in the current national climate from the Southern Poverty Law Center Discussion of experiences involving religious hate and intolerance within the college environment and how colleges are impacted by the national climate Review of legal guidance for balancing free expression and religious liberties Guidance for addressing related religious liberties issues, including religious student organizations, religious accommodations, and threatened litigation from religious groups Advice for fostering a religiously inclusive dialogue on college campuses

	01E. Do's and Don't's of Coaching Contracts - Version 7.0
	Advanced, Regular Session
	Room: Chicago Ballroom 10
	Panel discussion highlighting differences between schools within and outside “Power 5” conferences with commentary and questions from the audience Key provisions in head coach contracts Emerging trends and innovative terms Potential compromise positions when negotiating with coaches and their agents

	01F. The Art and Romance of Deploying and Employing Staff Abroad
	Intermediate, Regular Session
	Room: Michigan
	Why institutions should consider international employment Host nation laws on establishing and managing the employment relationship Issues related to benefits for expatriates and foreign nationals Finance and funding issues for international employees under sponsored projects Strategies for foreign postings (secondments, professional employer organizations (PEOs), payroll providers) Ending the relationship – how to say goodbye and mean it

	01G. Termination of Tenured Faculty for Cause: Obligations and Risks
	Basic, Regular Session
	Room: Riverwalk A
	Understanding the termination process and the expected differences between public and private institutions Sources of legal obligations, including contracts, faculty handbooks, state laws and the Equal Employment Opportunity Commission Evaluating the evidence, focusing on reasons for dismissal Practical tips regarding what to do and when and how to document it Settlement implications

	01H. Getting to Know Uncle Sam: Federal Government Agreement Terms, Compliance, and Enforcement
	Basic, Regular Session
	Room: Sheraton Ballroom 1
	Reviewing government contract clauses, distinguishing between grants and contracts, finding applicable terms and conditions for federal grants and locating the most up-to-date information for these agreements Highlighting particularly nettlesome clauses and troubleshooting institutional solutions Identifying government oversight and enforcement mechanisms tied to government agreements Providing an update on the Trump Administration’s expected changes to procurement and grant policy

	01I. "You Don't Have to Go Home, But You Can't Stay Here:" How to Place Students Permissibly on Mandatory Leaves and Welcome Them Back
	Intermediate, Regular Session
	Room: Chicago Ballroom 8
	Acceptable policies for dealing with self-harming students Use of safety requirements instead of “direct threat” analysis Best practices for individualized assessments Lessons learned from surviving both OCR and DOJ review Practical tips for challenges such as international students, difficult families, etc.

4:30 pm - 6:00 pm
	HA. Honors & Awards Ceremony
	[none]
	Room: Sheraton Ballroom 4 - 5
	All attendees and their guests are invited to join us in celebrating and recognizing the recipients of this year's honors and awards. This ceremony will include recognition of individuals who will receive the Distinguished Service and First Decade Awards, as well as Life Membership.

6:00 pm - 7:30 pm
	OPRECEP. Opening Reception Sponsored by Hogan Lovells US LLP
	[none]
	Room: Chicago Ballroom 6 - 7
	Celebrate the official opening of the 57th Annual Conference! It's your chance to meet, greet, mingle, and network with new and old friends and colleagues on the first evening of the conference. So be sure to start your conference experience off right by attending this annual event. The event is free to all paid attendees, $40 for adult guests, $10 for children (6-12), and free for children five and under.

Monday, June 26, 2017
7:00 am - 8:00 am
	NETBREAK. Networking Breakfast Sponsored by Husch Blackwell LLP
	[none]
	Room: Riverwalk A
	Rise and shine! Map out your schedule of sessions for the day while you catch up with new and old friends and colleagues over breakfast.

8:00 am - 9:15 am
	02A. Tax Update
	Intermediate, Regular Session
	Room: Superior
	Breaking legislative and regulatory updates from Washington Topics relating to charitable giving, including venture philanthropy, unusual donor requests, and options for reformation Deferred compensation developments, including new regulations, Form 990 issues, the value of SERPs, and the possible reemergence of split dollar Working with your business and benefits offices to avoid tax errors and address errors when they are discovered

	02B. Update on Title IX Litigation: Lessons Learned and Some Predictions
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Session will be repeated on Wednesday, June 28 at 9:00 am Review of recent Title IX litigation Factors that may have influenced case outcomes Changing your practices in response to recent case law; smart move or unnecessarily reactive? What does recent case law tell us about the challenges ahead?

	02C. Putting the Power Back in PowerPoint
	Regular Session
	Room: Chicago Ballroom 10
	Deliver complex information in compelling, easy-to-understand ways Present your slides while staying connected to your audience Leverage the strength of PowerPoint without being dominated by it

	02D. Can Civility Be Regulated?
	Advanced, Discussion Group
	Room: Chicago Ballroom 8
	Collaborative discussion of practical strategies to address the legal conundrums raised at the Opening Plenary session on free speech What has worked and what has not? Deciding the best approach for your campus

	02E. Speaking the Same Language: The Relationship Between Student Affairs and Legal Counsel
	Intermediate, Regular Session
	Room: Sheraton Ballroom 2
	Identifying primary issues in the world of student affairs Discussing opportunities for the general counsel’s office to effectively interact with student affairs in areas such as institutional policies and procedures, training and crisis management protocols Outlining effective practices with hypotheticals and input from attendees

	02F. The "New" OFCCP: What to Expect and How to Prepare
	Intermediate, Regular Session
	Room: Chicago Ballroom 9
	The Office of Federal Contract Compliance Programs (OFCCP) under the new administration Status of federal-contractor regulations and executive orders issued during the Obama Administration Will we see a major shift in enforcement? Lessons learned from previous administration transitions Practical advice for remaining nimble and responding to unexpected developments

	02G. Caught in the Middle: How to Respond When Your Board and President are at Odds and Other Difficult Scenarios
	Advanced, Discussion Group
	Room: Sheraton Ballroom 3
	The roles of the general counsel and professional rules relating to advising multiple parties Practical recommendations for in-house counsel navigating challenging scenarios involving boards and presidents, such as the structure and composition of boards and board committees, high profile political matters that require board involvement, and conflicts of interest regarding board members' business or other ventures

	02H. Openness and Creativity in Research: Legal and Policy Issues in Balancing Accountability to the Public With Academic Freedom and Creativity
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	Exploration of the opposing interests and legal issues surrounding public records requests by ideologically-focused advocacy groups targeting researchers—especially climate scientists and animal researchers—for harassment Review of constitutional arguments, representative state laws, sample statutes and case studies Guidance on how to ensure the confidentiality of finalized data, methodologies and results during the research process, as well as emails and other communications by researchers that are not intended for public dissemination Updates on solutions from the National Academy and other policy advisors

	02I. International Privacy Laws. . . Yes, Those New EU Regulations Do Apply to You!
	Intermediate, Regular Session
	Room: Michigan
	The European Union’s (EU) comprehensive new information privacy law takes effect in May 2018 and expressly extends EU jurisdiction over organizations outside of the EU that provide products or services to individuals in the EU Understanding the impact of this new law: it could impact the free-flow of information between entities in the EU and the US, including universities Compliance: what steps you should be taking now to avoid significant fines and penalties Potential areas impacted: cross-border academic affiliations, international programs, student and faculty exchanges, international research collaborations and more

	02J. Supreme Court Update with Dean Erwin Chemerinsky
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Session will be repeated at 11:15 am Update on the Supreme Court, including an overview and analysis of recent and upcoming Supreme Court decisions that directly or indirectly affect higher education Observations about the Court and the impact of recent events and changes in the makeup of the Court

9:30 am - 10:45 am
	03A. Building for the Future: Creative Strategies to Consider When Planning and Delivering Campus Real Estate Projects
	Advanced, Regular Session
	Room: Superior
	Evaluating and balancing campus needs against cost and legal constraints Identifying suitable property types for alternative ownership structuring and methods of project delivery Implementing creative ownership and operational structures that leverage potential partnership opportunities Evaluating and retaining design professionals and construction firms to align with and advance fundamental institutional priorities, maximize efficiency and achieve project delivery success

	03B. Legal Issues When Retaining External Counsel
	Intermediate, Discussion Group
	Room: Chicago Ballroom 8
	Consider the practical issues related to using outside counsel to determine your school’s regulatory compliance, including: Figuring out when you need outside counsel and who the right outside counsel is for the job Maximizing the advantages of using outside counsel while retaining control over the process and the cost Preserving privileges and taking optimal advantage of the attorney-client privilege and attorney work product doctrines How to facilitate faculty and staff cooperation and consultation to ensure outside counsel can be effective Documenting the results: picking the right end product for the job

	03C. Accessibility and Your Campus: Challenges and Solutions for a Digital Age
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Practical approaches for increasing digital accessibility on campus Priority setting, beginning with self-assessment in particular areas (student-critical software, classroom tools, accessible technology services, procurement, websites, training) Engagement with campus leadership and with the disabled community on campus Services and resources

	03D. Postcards from the Edge: Discussing (and Surviving) Faculty Entrepreneurship
	Advanced, Discussion Group
	Room: Sheraton Ballroom 1
	Managing the complexities in conflict of interest analysis resulting from faculty start-up companies Addressing issues that arise when faculty have multiple engagements with companies through consulting, employment, research or equity agreements Distinguishing between royalties and equity interest in the conflict analysis Handling companies’ desires to fund research occurring in the conflicted faculty member’s laboratory

	03E. Is There a "Penumbra" of Faculty Members' Rights that Must be Considered in Formulating Reasonable Accommodations for Students?
	Advanced, Regular Session
	Room: Chicago Ballroom 9
	Balancing faculty and student rights and the institution’s obligations Dealing with faculty objections to accommodations Who decides what accommodation will be implemented? Avoiding liability in faculty/student conflicts over accommodations

	03F. Lessons Learned from Trials: Strategies for Avoiding, Assessing, and Handling Employment Claims
	Basic, Regular Session
	Room: Chicago Ballroom 6
	Mock trial exercise demonstrating the impact of employment decisions, testing actual and legal theories, evaluating trial witnesses and providing valuable information to use when assessing claims and liability Strategies for handling employment issues to avoid claims and potential liability Key factors to consider when assessing and handling employment claims to help reduce risk and potential exposure, such as: the employment policies at issue; real or perceived mistakes in employment processes and decision making; communication issues; comparable situations, perceived retaliation; the employee’s ability to generate sympathy; and the credibility of the institution’s key witnesses

	03G. Internships and Student Placements: Finding Opportunities that Work
	Intermediate, Regular Session
	Room: Sheraton Ballroom 2
	Considering if and when a student intern becomes an employee and the associated risks with hosting a student intern Managing common issues that arise in internship or affiliation agreements, including liability, insurance, indemnification, background checks, accreditation, student misconduct and academic credit Addressing the unique status of international students who must complete internships as a requirement for their degree program Discussing potential impact of out-of-state authorization and Title IV misrepresentation regulations on clinical placements for residential and online students

	03H. Metrics, Milestones and Goals - Continuous Improvement for the General Counsel and General Counsel Office
	Intermediate, Regular Session
	Room: Chicago Ballroom 10
	Highlighting cutting-edge in-house counsel processes from the corporate world and how they can be adapted to higher education’s unique environment, including: Process improvements and technologies at today’s cutting edge companies Toolbox of industry resources and networking groups What metrics, milestones, and goals are appropriate in higher education counsel offices? How smart companies today are managing their budgets more effectively by optimizing in-house and outside counsel staffing and spending Share and compare survey data on legal operations' best practices

	03I. Coming to America: Legal Issues Regarding Recruiting and Enrolling International Students
	Intermediate, Regular Session
	Room: Sheraton Ballroom 3
	Criteria to consider when recruiting international students Using commission-based international student recruitment agencies, conducting domestic recruitment and restrictions imposed by Title IV of the Higher Education Act Enrollment alphabet soup – TOEFL, SEVIS, student visa classifications and DSOs Implications of activities by the new presidential administration and other current issues

	03J. Protecting Student Aid Information "Just Got Real:" Unpacking Dear Colleague Letter GEN-16-12 Presented in cooperation with EDUCAUSE
	Intermediate, Regular Session
	Room: Michigan
	Understand current IT compliance conundrums and the attendant information security concerns Learn more about translating legal requirements into IT system controls Hone your understanding of IT information security and data privacy concepts; become fluent in “geek speak”

10:45 am - 11:15 am
	B2. Break Sponsored by Baker Donelson
	[none]
	Room: Sheraton Chicago Ballroom Promenade


	SIDEBAR. Learn More About NACUA Committee Volunteer Service
	[none]
	Room: Columbus B
	Join NACUA staff and leaders for an informal question-and-answer session about volunteering for NACUA service.

11:15 am - 12:30 pm
	04A. Cybersecurity and Prevention of Data Breaches: In-House Counsel's Role in Assessment, Preparation, and Response
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Assessing the state of cybersecurity at your institution An overview of potential threats and how to minimize risk What you should know in the event of a data breach How to respond when an incident occurs (and role of insurance) The role of in-house counsel and when to seek the expertise of outside counsel

	04B. Understanding the Borrower Defense to Repayment Rules
	Intermediate, Regular Session
	Room: Michigan
	Discuss the Borrower Defense to Repayment Rules and how they may apply to non-profit higher education institutions Unanswered questions about the rules including potential changes under the Trump Administration Practical steps on managing institutional risk

	04C. Race in Higher Education: How U.S. Supreme Court Decisions Should Inform Enrollment Policy and Governance
	Advanced, Discussion Group
	Room: Sheraton Ballroom 2
	Analyzing the implications of Fisher Outlining acceptable practices to address the underrepresentation of minorities in the student body Viable diversity-related race-neutral strategies and practices designed to overcome implicit unconscious bias at any university, including those located in states prohibiting the use of race-conscious ways

	04D. Title IX and Clery: How to Do More with Less
	Intermediate, Discussion Group
	Room: Chicago Ballroom 9
	What happens when expectations for campus-wide training, investigations and hearings go up just as the institution’s budget for this work goes down? Join a spirited and helpful discussion of ways to do more with less Training and prevention programs that have a greater impact, at lower institutional cost Hearing and investigation resources: quantity versus quality Hidden costs of appeals and how to reduce them

	04E. Risk Mitigation Practices in Light of Higher Education Retirement Plan Litigation
	Intermediate, Regular Session
	Room: Chicago Ballroom 10
	Status of ongoing litigation and issues that are being raised Strategies to avoid litigation and mitigate risk View from the trenches: an in-house perspective on best practices

	04F. Contracts, Contracts, Contracts
	Discussion Group
	Room: Sheraton Ballroom 3
	E-procurement and Blockchain Cybersecurity and VPAT and accessibility issues Practical negotiation tips, facility use IT agreements, enterprise readiness, or enterprise agreements for large and small universities Software licenses for research, academic, health, students, faculty, and staff

	04G. Managing the Exponential Monster: Legal, Practical, and Ethical Tips for Complex Investigations
	Advanced, Regular Session
	Room: Chicago Ballroom 8
	Effectively managing a complex investigation (including a checklist of management increments) Advice and effective practices for assessing an issue, designing an investigation scope, managing conflicts, maintaining situational awareness and addressing collateral considerations like public relations and coordination with insurance carriers regarding coverage How these practical considerations must be applied in real time

	04H. Copyright Characters on the Higher Education Horizon: The Cheerleader, the Repeat Infringer, the Bad Faith Agent, and the Register Replacement
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	Star Athletica v. Varsity Brands and other Supreme Court and Court of Appeals cases of interest The future of Digital Millennial Copyright Act (DMCA) take-down notices How to preserve institutional protection under the new Copyright Office’s new DMCA registration system Whether the new Copyright Register will lead to new rules

	04I. Show Me the Money! Why Counsel Should Care about Financial Reporting
	Intermediate, Regular Session
	Room: Superior
	Reasons why counsel should be familiar with current issues in financial reporting and accounting standards Strategies to enhance communication and collaboration between counsel and the finance team Key reporting issues on the Form 990 Recent developments in accounting standards and financial statement presentation

	04J. Supreme Court Update with Dean Erwin Chemerinsky (Repeated Session)
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Repeat of session at 8:00 am Update on the Supreme Court, including an overview and analysis of recent and upcoming Supreme Court decisions that directly or indirectly affect higher education Observations about the Court and the impact of recent events and changes in the makeup of the Court

Tuesday, June 27, 2017
7:45 am - 9:00 am
	LEADBREAK. Leadership and Membership Recognition Breakfast Sponsored by Employment Law Alliance
	[none]
	Room: Sheraton Ballroom 4 - 5
	All attendees are invited to join their colleagues for breakfast and to celebrate the Association's leadership and member volunteers. A plated breakfast will be served beginning at 7:45 am until the program begins at approximately 8:15 am. Be sure to arrive early! The program will include: Remarks from outgoing Chair José Padilla, DePaul University Remarks from incoming Chair Nancy Tribbensee, Arizona Board of Regents Board of Directors elections results Recognition of NACUA's 2016 - 2017 member volunteers and retirees All NACUA member conference attendees will be entered into a drawing for their institution to receive a complimentary registration to the 2018 Annual Conference in Minneapolis, MN. Attendees must be present at the breakfast to be eligible to win.

	NETBREAK2. Networking Breakfast Sponsored by Cadwalader, Wickersham & Taft LLP
	[none]
	Room: Riverwalk A
	Rise and shine! Map out your schedule of sessions for the day while you catch up with new and old friends and colleagues over breakfast.

9:15 am - 10:30 am
	05A. Antritrust Issues Affecting Colleges and Universities
	Basic, Regular Session
	Room: Sheraton Ballroom 2
	Overview of antitrust law and specific antitrust issues that colleges and universities may face Review of recent antitrust cases involving colleges and universities Practical tips for in-house counsel in recognizing and managing antitrust issues

	05B. Clear and Present Danger? Assessing Threats and Safety Risks While Considering Individual Rights
	Advanced, Regular Session
	Room: Chicago Ballroom 6
	Threat assessment policies and processes Safety risks versus individual rights Mental health assessments and solutions Hypotheticals and practical suggestions

	05C. iPad for Lawyers
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	Learn how the iPad can be used for lawyering from the moment you wake until the time you go to sleep In this fast-paced session, learn about using the iPad for video conferencing, collaborating with colleagues, editing documents, reviewing and marking up contracts, note taking, and dozens of other apps and tips to help manage your day as a lawyer

	05D. Real Property Forum
	Advanced, Discussion Group
	Room: Superior
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of real property.

	05E. Big Data and HIPAA - What Can You Share?
	Intermediate, Regular Session
	Room: Michigan
	Discuss the Health Insurance Portability and Accountability Act pathways for disclosing health data for big data initiatives, including opportunities and impediments Dive deep into the practical risks and implementation challenges for big data initiatives for data sources, data aggregators and data users, including when data is stored in the cloud Explore the implications of final Common Rule overhauling federal human subjects research regulations and other recent regulatory developments from regulators with authority over big data initiatives Discuss the role of the Institutional Review Board for overseeing big data research projects

	05F. Establishing and Maintaining Legal Entities Abroad
	Basic, Regular Session
	Room: Chicago Ballroom 10
	Discussion of the range of considerations that counsel increasingly address relative to formation, management, and maintenance of separate entities overseas as part of, for example, foreign study programs, large research initiatives and fundraising campaigns Considerations discussed will include: factors that motivate these entities; university authority; legal forms; members’ and directors’ liability; foreign filings and reports; tax implications; federal funding; education regulatory implications; intellectual property; and cost accounting Illustrating with case studies from major universities and showing the importance of due diligence in evaluating the impact on an institution's Strategic International Plan

	05G. What Do You Mean You Won't Follow My Advice? Ethical Legal and Practical Considerations for University Counsel When the Client Disregards Legal Advice
	Advanced, Discussion Group
	Room: Chicago Ballroom 8
	Anecdotes, war stories, fact patterns and hypos Facts matter, including who you are talking to, what the advice is, and what the "client" does or refuses to do Speaking truth to power, lawyers as whistleblowers, how to get yourself fired, doing the right thing, see something say something Ethical issues of client misconduct Civil and criminal liability of lawyers

	05H. Update on Organizing Campaigns - Adjuncts, Grad Students, Athletes, Oh My!
	Advanced, Regular Session
	Room: Chicago Ballroom 9
	Why unions are targeting colleges and universities Latest legal developments and trends in higher education union organizing, including graduate student organizing efforts in light of Columbia University decision How unions are changing their tactics What higher education institutions can do to minimize the risk of union organizing and effectively respond when organizing occurs

	05I. Media Training: How to Help Your Client Get Ready to Answer Tough Questions
	Intermediate, Regular Session
	Room: Sheraton Ballroom 3
	Establish a process for anticipating problems about which the media may inquire Decide who (general counsel, press officer, other?) should respond to media questions Prepare answers for the most commonly asked questions about a crisis from the media

	05J. Whose Campus is this Anyway? Practical Strategies for Balancing Competing Perspectives About Student Activism
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	The challenges encountered in addressing often conflicting viewpoints amongst students regarding issues such as student activism, free speech and inclusion, as well as solutions to these challenges "Lessons learned" from addressing specific situations Experiences with both on campus and online/social media components of campus activism

10:30 am - 11:00 am
	B3. Break Sponsored by Taft Stettinius & Hollister LLP
	[none]
	Room: Sheraton Chicago Ballroom Promenade


11:00 am - 12:15 pm
	06A. How to Conduct a Self-Evaluation of Your Compliance and Ethics Program
	Basic, Regular Session
	Room: Sheraton Ballroom 3
	General standards for compliance and how to make ethics a part of your program and institutional culture Maturity models – determining the developmental stage of your program Practical tools for assessing the effectiveness of your overall program How to assess specific elements or components of your program

	06B. Rough Sailing Ahead: Navigating the Ethical and Legal Waters as General Counsel When the Captain of the Ship is Under Fire
	Intermediate, Regular Session
	Room: Chicago Ballroom 8
	Ethical issues and potential conflicts in advising the campus official Role of counsel when the scrutiny involves only political controversy or public pressure How counsel can maintain clarity of roles, responsibilities and appropriate documentation How, when and what counsel should communicate to the governing body How counsel can come out of such situations with his/her job and assist the institution in a successful transition to new leadership

	06C. Tame the Digital Chaos: Distraction & Time Management
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	Today lawyers are constantly distracted by technology, connectivity, and information overload Learn how to take back control – and own your technology instead of it owning you – with distraction management techniques and practical time management methodologies that let you regain control of your day

	06D. Housing, Hotels, Homestays, and AirBnB's: Managing Student Housing Abroad
	Intermediate, Discussion Group
	Room: Chicago Ballroom 10
	The application of the Clery Act abroad relative to student housing abroad. Local codes, standards and regulations (are they the floor or the ceiling for you)? Your institutional standards for student housing: do or should you follow them abroad? The potential liability of U.S. based colleges and universities when bad things happen with or in student housing the institution selects and provides for students abroad. How should your institution assess, manage and address risks associated with your student housing abroad?

	06E. Thorny Issues Relating to Faculty Disabilities and Their Impact In and Out of the Classroom
	Advanced, Regular Session
	Room: Chicago Ballroom 9
	Identifying and codifying essential job functions of faculty members Determining when and how to engage in the interactive process to consider possible accommodations Handling disruptive behavior or other performance problems when a faculty member seeks or is entitled to leave or other accommodations Navigating the intersection of the ADA/Section 504, faculty tenure and other contract rights Developing strategies for managing leaves under the ADA, Section 504 and the FMLA, including initiation, implementation, and transition back to work

	06F. Employment Law Update, Including Harassment
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	What to expect from the Equal Employment Opportunity Commission and the Department of Labor Whether the Office of Federal Contract Compliance Programs (OFCCP) will enforce the 2016 sex discrimination guidelines How to handle harassment claims in the age of social media Circuit splits on disability law issues New interpretations in other areas of law: LGBTQ issues and more

	06G. The Art of the Question: Tools and Techniques for Interviewing Witnesses
	Intermediate, Regular Session
	Room: Sheraton Ballroom 2
	Learn how to develop effective questioning strategies for reluctant and difficult witnesses in investigations on campus Using two hypothetical scenarios on a student sexual misconduct and employee harassment, the speakers will identify tactics and issues that arise with reluctant witnesses Topics addressed will be applicable to a wide variety of campus situations and will include: preparing to deal with obstacles in investigations; identifying and understanding why witnesses are reluctant; key considerations concerning interviewer characteristics, interview location and timing; motivations to cooperate

	06H. Stark, Anti-Kickback and Anti-Fraud for Non-Health Affairs Lawyers
	Basic, Regular Session
	Room: Michigan
	Elements of the Federal Physician Self-Referral prohibition (the Stark Law) and relevant exceptions Elements of the Federal Anti-Kickback Statute (AKS) and relevant safe harbors Comparison of the Stark Law and AKS Hypothetical scenarios of common arrangements implicating the Stark Law and AKS Analytical framework for evaluating AKS, Stark issues AKS and Stark Law enforcement agenda for 2017

	06I. Hot Topics in Student Conduct: There is More Than Title IX!
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Regulating student organizations and Greek life The evolving role of campus safety Alcohol-related oversight Responding to off-campus student conduct

	06J. Research Compliance Forum
	Intermediate, Discussion Group
	Room: Superior
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of research compliance.

12:15 pm - 1:45 pm
	ALUNCH. Affinity Group Luncheons
	[none]
	Room:
	Participate in an affinity group luncheon for those with a commonality of regional, institutional, or personal interests.

	NETLUNCH. Networking Lunch Sponsored by Saul Ewing LLP
	[none]
	Room: Riverwalk A
	This is your chance to continue to network with colleagues over lunch.

2:00 pm - 3:15 pm
	07A. FLSA Update: Will the 2016 Amended Overtime Regulations Survive?
	Advanced, Discussion Group
	Room: Sheraton Ballroom 3
	Developments under the new administration Current status of the court challenges to the overtime regulations Responses by colleges and universities, faculty and staff to the uncertainty

	07B. Legal Issues in University Innovation: Incubators, Accelerators, and Venture Funds
	Intermediate, Regular Session
	Room: Chicago Ballroom 9
	Overview of university innovation activities Tax and corporate/structural issues Survey by University of California peer institutions Spectrum of risk tolerance Other key issues

	07C. Fight the Paper! How to Go Paperless or Reduce Paper in the Legal Environment
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	Learn how to master your office technology to stop wasting time, eliminate stress, and get more done Includes how to avoid the email in-box nightmare!

	07D. Immigration and the New Presidential Administration
	Intermediate, Regular Session
	Room: Sheraton Ballroom 2
	Impact on campus: law enforcement visits to campuses; sanctuary campuses - where are we now? Executive orders, visa bans and travel DACA, Dreamers and undocumented students H-1B visa restrictions: impact on hiring faculty and staff

	07E. First Amendment Landscape and Land Mines: Quick Takes on (at Least) 15 Situations General Counsels Need to Recognize and Potential Consequences for Constitutional Violations
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Speaking, sitting, posting, printing: hypothetical First Amendment issues and risks they pose to the institution (and individuals) Discussing the free speech and free expression issues your chancellor –and/or you – lose sleep over, including political and legal implications Preparing for and responding to issues raised by the speech and expression of students, faculty, staff, and campus outsiders Understanding the penalties for violating the First Amendment: consequences for the institution and individuals under Section 1983

	07F. Transgender Students: the Shifting Legal Landscape and What It All Means for Your Institution
	Intermediate, Regular Session
	Room: Chicago Ballroom 10
	Latest developments in transgender litigation, including Title IX and the Administrative Procedure Act Key federal government expectations Update on relevant state laws Practical implications for your locker rooms, restrooms, housing, and records

	07G. Interplay and Intersection: Where Title IX and the Clery Act Collide
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Overview of the purpose for and key principles of Title IX versus the Clery Act Identify the “shoulds” versus the “musts” under Title IX and the Clery Act Examine the intersection of Title IX and the Clery Act, including sorting out the differences in reporting requirements, geography versus jurisdiction, confidential resources, when to issue timely alerts for VAWA offenses and how FERPA fits into the picture Explore best practices for compliance under Title IX and the Clery Act, including integrated training programs, umbrella policies, varying procedures for different segments of campus, and coordinating the work of the Title IX and Clery Act Coordinators

	07H. You Couldn't Make Up This Stuff
	Basic, Regular Session
	Room: Superior
	Interactive panel discussing unusual, unique and novel matters in higher education Focus on thorny, real-life legal issues raised in three broad areas: governance/conflict issues, employment matters, and student issues Presentation of scenarios, lessons learned and practice tips

	07I. Managing Risk Through Indemnification Provisions and Insurance
	Intermediate, Regular Session
	Room: Chicago Ballroom 8
	Key sources of potential liability Indemnification of trustees and employees Insurance as a tool of protection Indemnification and exculpation in third party contracts

	07J. Reduce Cyber Risk, Delight Your Trustees and Keep Your Job
	Intermediate, Regular Session
	Room: Michigan
	Tips for crafting a policy to reduce cyber risks via shared accountability among academic departments and the CIO How internal audit, counsel, the CIO, and informed trustees can team up to reduce cyber risks How to implement policy and accountability as a cultural change without a faculty blow-up

3:15 pm - 3:45 pm
	B4. Ice Cream Break Sponsored by Pillsbury Winthrop Shaw Pittman LLP
	[none]
	Room: Sheraton Chicago Ballroom Promenade


3:45 pm - 4:30 am
	08I. Practical Tips to Navigate (and Hopefully Avoid) a Federal Audit of Your Institution's Athletic Program
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Practical tips on responding effectively to a federal athletic review Proactive practices to minimize the risks and likelihood of a federal audit Reading the tea leaves: How the new presidential administration may approach athletic reviews Questions and answers

	08A. Beyond State Authorization: Doing Business in Multiple States
	Intermediate, Regular Session
	Room: Sheraton Ballroom 3
	State and local taxation Labor and employment issues Certificates of authority and charitable solicitation permits Professional licensure Operational structure of institutions

	08B. Liability Risk: Using Data and Claims Experience to Manage and Finance Risk
	Basic, Regular Session
	Room: Sheraton Ballroom 2
	What does insurance data tell us about campus elements that generate claims and high liability risks? Examine data analyses of higher education claims to identify potential risks on your campus and focus compliance resources to reduce or even eliminate them

	08C. 45 Legal Tech Tips, Gadgets and Websites in 45 Minutes
	Intermediate, Regular Session
	Room: Sheraton Ballroom 1
	The best of legal technology, practice management, electronics, and incredibly useful websites for lawyers This rapid-fire, entertaining session is full of great ideas you can incorporate into your practice now

	08D. Between the Lines: A Practical View on Managing Challenging Title IX/VAWA Issues
	Advanced, Regular Session
	Room: Chicago Ballroom 7
	Practical approaches to balancing Title IX protections and competing rights and freedoms Guidance for developing policies and processes that clearly define expectations and respect parties’ rights in light of institutional values and realities such as shared governance Juggling privacy, safety, and due process concerns Addressing substance abuse and disability issues in investigations Assessing credibility in evidence and investigative reports

	08E. Use of External Investigators: Managing Cost and Control
	Advanced, Regular Session
	Room: Chicago Ballroom 8
	Overview of the various models used during external investigations—including all in-house, all external and the hybrid approach—and how to determine which model is best for your institution Factors to consider when determining whether to use external or internal investigators, including severity of the charge, type of charge, retaliation concerns and public relations issues Best practices for external investigations, including setting expectations, coordinating with counsel, human resources and/or Title IX coordinators, interface with witnesses, setting deadlines and communications Potential pitfalls, including privilege issues, setting budgets and controlling costs

	08F. China Higher Education Law Update: Implications of the Chinese Overseas NGO Law and More
	Intermediate, Regular Session
	Room: Superior
	Latest developments related to the Chinese foreign non-governmental organization (NGO) law Information on who needs to register, what the registration requirements are, possible exemptions Discussion of the Chinese foreign NGO law's impact on the common models of operating activities in China, including the status of Ministry of Education-approved Sino-foreign cooperatively-run educational projects and schools Other recent changes to Chinese law and rulings affecting key university activities in China

	08G. Data and Social Media Mistakes to Avoid - For Faculty, Administrators, and Counsel
	Basic, Regular Session
	Room: Chicago Ballroom 9
	Texting Friending students Sharing sensitive, private information on an institutional email server Failing to secure your laptop or thumb drive

	08H. Encouraging and Licensing to Faculty Start-Ups: Institutional Interests, Risks, Strategies, and Ethical Obligations
	Advanced, Regular Session
	Room: Chicago Ballroom 10
	Institutions’ interests in licensing to faculty start-ups Institutional issues in technology licensing to faculty start-ups and strategies to address them Ethical obligations of institutions

	08J. Expanding Into India: Current Challenges (and Solutions!) for Colleges and Universities
	Intermediate, Regular Session
	Room: Michigan
	New updates on the Indian educational environment including issues a college or university may encounter in beginning or expanding its research and educational operations and fundraising in India Regulatory complexities and inconsistencies in India and the importance of due diligence and collaboration approval Business concerns, including India’s stringent tax withholding laws and financial requirements and risk mitigation Practical case studies that address effective practices

4:45 pm - 5:45 pm
	F2. Featured Session: A View from the New Administration
	[none]
	Room: Sheraton Ballroom 4 - 5


Wednesday, June 28, 2017
8:00 am - 9:00 am
	N2. Networking Breakfast Sponsored by Jenner & Block LLP
	[none]
	Room: Sheraton Ballroom 4 - 5


9:00 am - 10:15 am
	09A. The Business of Law: The Changing Role of Campus Business Lawyers - "How'm I Doin'?"
	Advanced, Discussion Group
	Room: Sheraton Ballroom 2
	The ever-changing role of an in-house university attorney and the increasing emphasis on the business aspects of the attorney’s role The top ten things a business lawyer needs to know, including: how to hone your business skills; how to work with clients on business deals; how to evaluate contract management systems; how to design and implement risk management; how to work with your CFO Ethical dilemmas for the campus business attorney

	09B. Race and Campus Police: What We Have Learned From Recent Events
	Intermediate, Regular Session
	Room: Sheraton Ballroom 3
	Overview of recent campus events surrounding police interactions Race relations and free speech; examining police practices and policies to address individual and campus safety concerns Impact of the proliferation of cameras (cell phone/body cam/YouTube) Privacy concerns and release of records challenges

	09C. Counsel's Role in Intercollegiate Athletics Compliance: Considerations and Best Practices
	Intermediate, Regular Session
	Room: Chicago Ballroom 8
	The value of relationships Internal and external communications Liaison with outside counsel Cross-functional approaches and policy development

	09D. Managing Student Health and Safety Abroad: From Sexual Assaults to Suicidal Students
	Advanced, Regular Session
	Room: Chicago Ballroom 6
	Preparing thoughtfully: How to help mitigate health and safety risks before students depart Establishing your safety net abroad: How to leverage local and on-site staff and resources abroad to respond to health and safety issues Understanding the law: How the ADA, Title IX, FERPA, the Clery Act, local laws and customs, and professional standards can inform an institution's response to student health and safety issues abroad Practical, interactive session using hypotheticals drawn from real-life international student health and safety cases

	09E. A Strategic Approach to Protecting, Licensing, and Enforcing University Marks
	Advanced, Regular Session
	Room: Chicago Ballroom 9
	Sharing your marks with the community? Dealing with schools and local users Tribute users Generic top-level domains (gTLDs): a practical approach to acquisition Domain name enforcement The T-shirt turkeys

	09F. Tech Transfer Forum
	Intermediate, Discussion Group
	Room: Chicago Ballroom 10
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of technology transfer.

	09G. Update on Title IX Litigation: Lessons Learned and Some Predictions (Repeated Session)
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Repeat of session on Monday, June 26 at 8:00 am Review of recent Title IX litigation Factors that may have influenced case outcomes Changing your practices in response to recent case law; smart move, or unnecessarily reactive? What does recent case law tell us about the challenges ahead?

10:15 am - 10:45 am
	B5. Break Sponsored by Cooley LLP
	[none]
	Room: Sheraton Chicago Ballroom Promenade


10:45 am - 12:00 pm
	10A. Ask the Pro: View of the Year Ahead in Washington
	Intermediate, Regular Session
	Room: Chicago Ballroom 6
	Impact of the presidential administration on higher education legal policy Congressional and agency activity: what to expect in the year ahead and the legal impact

	10B. Playing with Fire: Microaggressions and Trigger Warnings
	Intermediate, Discussion Group
	Room: Chicago Ballroom 9
	Tips and trends for balancing diversity, inclusivity and free speech Engaging campus constituencies on contentious speech issues Campus communication in a polarized society

	10C. Ask the Pros: Impact on Campus of the Trump Administration's New Immigration Priorities
	Intermediate, Discussion Group
	Room: Chicago Ballroom 8
	Follow-up discussion of topics covered in the regular session, "Immigration and the New Presidential Administration" Get answers to your questions about the impact of new immigration priorites on campus Topics may include: law enforcement visits to campuses; sanctuary campuses; executive orders; visa bans and travel; DACA, Dreamers and undocumented students; impact of H-1B on hiring faculty and staff

	10D. Protecting the Privilege During Investigations
	Intermediate, Regular Session
	Room: Chicago Ballroom 7
	Where does privilege attach during internal investigations and how do you protect communications if privilege is not available? Who is covered by the attorney-client privilege, and what are the ethical considerations when a conflict arises? How does an institution address privilege issues when students or faculty retain independent counsel? How can investigators appreciate campus culture while conducting and communicating about an internal investigation Attorneys’ fees and who is paying for counsel in internal investigations?

	10E. Athletics Forum
	Intermediate, Discussion Group
	Room: Sheraton Ballroom 2
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of athletics.

	10F. Legal Issues in New Models of Open Access for Digital Publishing
	Intermediate, Discussion Group
	Room: Sheraton Ballroom 3
	Overview of digital publishing and the emergence of new, open models Open access: what do we really mean? How new models require new contracts Rights management with open publications The risks and rewards of open publications Launch of AAU/ARL/AAUP Open Access Monograph Publishing Initiative