NACUA 2018 Annual Conference : NACUA - National Association of College and University Attorneys

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Sunday, June 24, 2018
9:00 am - 11:00 am
	N4. Southeastern Conference General Counsel Meeting
	[none]
	Room: Marquette VII
	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: Marquette VIII
	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: Symphony I
	Discussion among attendees representing community colleges.

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

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

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

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

1:00 pm - 1:15 pm
	WELCOME. Welcome & Opening Remarks
	[none]
	Room: Salon A-D


1:15 pm - 2:30 pm
	PLENARY. Opening Plenary - Leadership in Tumultuous Times: Navigating Through a Climate of Discord Sponsored by Pepper Hamilton LLP
	[none]
	Room: Salon A-D
	Institutions of higher education continue to serve as the main stage for societal unrest and discord on issues of national importance including freedom of speech and expression, diversity and inclusivity on the basis of race, national origin, and sexual orientation, and democratic values. Presidents and chancellors must not only provide a moral compass for the campus, and leadership that brings disparate groups together, but they must also make difficult decisions about campus operations and serve as the public face in responding to political developments and high-profile incidents. They must also withstand the scrutiny of a multitude of stakeholders, including elected officials, alumni, and the broader campus and local communities. This session will explore the essential characteristics of effective leadership in these challenging times and the important role played by counsel as they navigate complex issues. It will also examine the ways in which NACUA attorneys have increasingly been called upon to advise leaders not only on important legal issues but also related issues such as crisis communications, risk management, and even the distillation of institutional values and mission. This panel of presidents has had experience with the myriad issues leaders face during challenging times. They will provide insights and reflections that we hope will assist counsel in distilling the issues and understanding how they can be most helpful to their institutions and leaders.

2:30 pm - 3:00 pm
	B1. Break Sponsored by WilmerHale
	[none]
	Room: Minneapolis Grand Ballroom Foyer


3:00 pm - 4:15 pm
	01A. #OFFEND #UPLIFT #HATE #LOVE: Blurred Lines as Both Public and Private Universities Navigate the Costs of Free Speech
	Intermediate, Regular Session
	Room: Salon A-C
	The push and pull of the First Amendment Complexities of time, place, and manner/free speech zones/heckler’s veto Extent of voluntary application at private institutions When discipline (or lack of discipline) of students or faculty becomes “political” Religious liberty and the First Amendment

	01B. Academic Medical Centers: Hot Topics and Trends
	Intermediate, Regular Session
	Room: Marquette I-III
	Research compliance Graduate medical education Governance and corporate structures Medicare fraud and abuse On the Horizon – Pending legislation and looming concerns

	01C. Expectations and Preparation Tips for A Government Investigation
	Intermediate, Regular Session
	Room: Marquette VI-VII
	Brief overview of government agencies with investigatory authority relevant to higher education institutions and key parts of an investigation Best practices to navigate through a wide array of government investigations; including assembling an effective internal team, whether and when to engage outside legal, communications, and/or other professional service providers Practical tips and tactics in responding to investigations, including decisions regarding conducting a parallel internal investigation and retaining or working with counsel for individuals Strategies for managing various internal constituencies and mitigating crisis or fallout

	01D. Town-Gown Relations: Academic Expansion, Tax Base Issues, and Redeveloping Campus Adjacencies
	Intermediate, Discussion Group
	Room: Marquette IV-V
	University development of adjacent property and neighborhoods to serve strategic goals of academic expansion, housing, student activities, athletics, campus safety, and institution/civic economic growth Working with municipal and community leaders to develop community support and engagement for expansion plans and projects Issues to consider in acquisition and use of adjacent properties, to include rezoning, financing, local tax base issues, nonprofit status issues, community opposition Issues to consider when working with third party developers, to include aligning incentives, managing relationships, and contracts

	01E. Campus Counsel's Role in an Era of Heightened Immigration Scrutiny
	Basic, Regular Session
	Room: Conrad A
	Counsel’s role in creating a holistic, welcoming environment for international students and scholars Getting your internationals into the USA and keeping them in the USA Addressing media attention on immigration issues on your campus Federal agency requests for information about international students Title IX reporting process specific to Exchange Visitors (J-1/J-2)

	01F. Cybersecurity: Securing Your Campus with Finite Resources
	Intermediate, Regular Session
	Room: Gallery
	The role of counsel in cybersecurity & cyber insurance Understanding attacks and incident response Solutions for decentralized environments Best practices for detecting and preventing insider threat Responding to information security audits

	01G. Balancing Process and Protections: Student Conduct Processes and Disabilities Accommodations
	Advanced, Regular Session
	Room: Conrad B-C
	The interplay of Section 504 of the Rehabilitation Act and Title IX Responding to requests for accommodations in the disciplinary process, while ensuring fairness and equity Handling requests for accommodation for conditions and disabilities caused by the alleged misconduct Providing interim measures versus providing accommodations: same or different processes? Increased likelihood that persons with disabilities will be subject to misconduct

	01H. Prevention: An Integrated Partnership with Risk Management
	Intermediate, Regular Session
	Room: Marquette VIII-IX
	Establishing a strong risk management foundation – insurance, contracting, and safety Addressing the ever-changing compliance burden effectively Engaging senior leadership in managing risks Building a distributed model for risk management involving all campus stakeholders Cultivating a relationship that leverages the general counsel and risk manager skill sets

	01I. Outwit, Outlast, Outplay: A Group Strategy Session on Surviving Campus Contracts
	Intermediate, Discussion Group
	Room: Rochester
	Share tips on what should be considered in all contracts Discuss whether and when to share with your clients your business judgment about the proposed terms Learn strategies for working with clients when they are resistant to recommendations about proposed contracts Hear about negotiation strategies and how they should differ depending on the type of contract or on the circumstances and the relative bargaining power of the parties

5:00 pm - 6:00 pm
	HA. Honors & Awards Ceremony
	[none]
	Room: Salon A-C
	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 LLP
	[none]
	Room: Salon D-G
	Celebrate the official opening of the 58th 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 25, 2018
7:00 am - 8:00 am
	NETBREAK. Networking Breakfast Sponsored by Husch Blackwell LLP
	[none]
	Room: Salon D
	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. Transparency, Accountability, and Curiosity: The Interplay Between University Legal Counsel, University Relations, the Public and the Law
	Advanced, Regular Session
	Room: Conrad B-C
	Colleges and universities are increasingly finding themselves the focus of inquiries which seek the disclosure of various types of information Pressures to release information particularly sensitive information – may place legal counsel at the center of important competing interests and values: openness, caution, privacy, secrecy, and public relations, among others This session will highlight these pressures, explore the legal interests they implicate, and investigate how to balance the competing tensions, particularly in cooperation with university relations staff

	02B. Responding to Employee and Faculty Sexual Misconduct
	Intermediate, Regular Session
	Room: Salon A-C
	Focus on the practical considerations involved in developing a proactive system to prevent and properly respond to complaints of sexual misconduct involving faculty and employees Discuss best practices for conducting effective campus training Which policies and procedures must be implemented to address faculty and employee sexual misconduct Highlight common mistakes made during the investigative, disciplinary and hearing processes, and how those issues arise during subsequent legal challenges

	02C. Riding the Digital Accessibility Wave: How to Remain Standing When Confronted with Litigation and OCR Investigations
	Intermediate, Regular Session
	Room: Conrad A
	Examine the recent wave of OCR complaints and civil lawsuits regarding digital accessibility, online resources, and assistive technologies The responsibilities of colleges and universities under the ADA, Section 504 of the Rehabilitation Act, and available resources Practical strategies for working with OCR or responding to litigation Tips and techniques for creating a campus culture of compliance

	02D. Tax Update, Including How the Tax Cuts and Jobs Act Affects Colleges and Universities
	Intermediate, Regular Session
	Room: Gallery
	Excise tax on payments made to highly-compensated employees Activity-by-activity calculation and use of net operating losses from unrelated businesses 1.4% excise tax on net investment income of a small group (so far…) of private colleges and universities The imposition of UBIT with respect to certain fringe benefits Several additional related topics including other current developments, changes affecting charitable giving, athletic seating purchase rights, and scary provisions that didn’t make it in the final bill but that are still lurking

	02E. ADA and FMLA Update: Lessons Learned
	Intermediate, Regular Session
	Room: Marquette VIII-IX
	Review of recent litigation Factors that may have influenced case outcomes and how we can adjust our practices in response What does recent case law tell us about the challenges ahead?

	02F. Adventures in International Research and Clinical Practice
	Advanced, Discussion Group
	Room: Marquette IV-V
	Selecting subcontractors/subawardees/vendors Systems for managing taxation, human resources, import/export compliance, IP, and data privacy Time and effort reporting in international projects Ethical problems and solutions arising from human subjects research Providing medical or clinical services – licensure, insurance, management

	02G. Board Governance from a Lawyer's Perspective
	Intermediate, Discussion Group
	Room: Salon E
	The general counsel’s role and relationship to the board, including in times of crisis and change Best governance practices, including governing documents, policies, and governance committees Board orientation and training, including on legal issues The lawyer’s role in the board-president/chancellor relationship, in good times and bad The lawyer’s role in helping board members understand and meet their fiduciary duties

	02H. Creating University Innovation Destinations: What Lawyers Need to Know About Research Parks, Innovation Districts, and Incubators, and Why It's Not All About the Real Estate
	Advanced, Regular Session
	Room: Marquette I-III
	Establishing research parks as an extension of the university – creating the place and space for the university, industry, and community to foster research, innovation, and technology commercialization Constructing real estate transactions and corporate governance structures – setting the foundation for a successful research park or innovation district Understanding the value of engagement to research park success – connecting people throughout diverse internal and external networks including research, real estate, business and student affairs, and of course OGC as well as local government, industry partners, and community leaders

	02I. Free Speech and Public Safety: Handling the "Heckler's Veto" in Real-Time on Campus
	Intermediate, Regular Session
	Room: Salon G
	Explore how to protect free speech and expression while anticipating and addressing counter-speech – and the heckler’s veto – In light of recent events on campuses across the country Real-time practical responses available to institutions and considerations for anticipating counter-protests Practical advice and strategies to employ when counter-protests occur to ensure protected speech is not obstructed by the heckler’s veto and protected counter-speech also receives due protection Recommended policies and practices in anticipation of protests and counter protests Recommendations for addressing the safety of the community during campus unrest

	02J. Updating Your Intellectual Property Policies: Avoiding Dogs that Bark in the Dark
	Intermediate, Regular Session
	Room: Salon F
	Allocating patent rights and revenue between inventors and the university Faculty startups, private inurement, conflicts and other issues Industry partnerships that break Bayh-Dole or trigger other federal compliance problems Ownership of software, online courses, scholarly works, and student works Managing affirmative copyright responsibilities of faculty, staff, and students

	02K. Hot Topics Facing College Athletics
	Advanced, Regular Session
	Room: Marquette VI-VII
	NCAA update on national litigations NCAA rule changes eSports and other trends FBI men’s basketball investigation Academic issues

9:30 am - 10:45 am
	03A. Respecting Religious Freedom: Perspectives from Across the Spectrum of University Campuses
	Basic, Regular Session
	Room: Marquette VI-VII
	Application of the First Amendment religion clause at both faith-based and non-faith-based universities Primer on religious rights and accommodations at non-faith-based universities Overview of religious exemptions available to faith-based universities, including the implications of Title IX exemptions Advice on nondiscrimination requirements at faith-based universities, given institutional mission and governance Encouraging Common Ground-style conversations among individuals and groups with seemingly competing rights

	03B. When Risky Research Comes Knocking
	Advanced, Discussion Group
	Room: Marquette IV-V
	Select agents, biological agents, dual use research of concern Big data research and IT security and breach issues Large animal research and use of primates Gene therapy studies Human subjects research conducted outside the US

	03C. Bakke at 40: Insights and Best Practices Regarding Higher Education Admissions and Enrollment Policies
	Intermediate, Regular Session
	Room: Conrad B-C
	This interactive session will address key issues under federal non-discrimination law that postsecondary institutions should address in light of Bakke’s forty-year legacy With a focus on outreach, recruitment and aid policies—as well as admissions—this panel will frame major takeaways from the Supreme Court’s jurisprudence and discuss practical steps associated with effective, legally sustainable institutional policy development This session will include a discussion of recent OCR resolutions, as well as pending federal court cases; time will be allotted for attendee questions and answers

	03D. 'Advanced' Advancement Issues: Advising Institutions on Current Issues in the Gifting and Investment Ecosystem
	Intermediate, Regular Session
	Room: Marquette I-III
	Governance and gifts: gift acceptance policies, naming gifts, and unusual assets Investing smaller and medium sized endowments: the consultant model and the outsourced chief investment officer model Contract and legal issues arising with banks, brokers, and investment managers

	03E. Hiring a New President: Your Role (and Your Future)
	Intermediate, Regular Session
	Room: Conrad A
	How circumstances of presidential change affect the search Factors in designing the search process General counsel's role in the search and hiring processes Advising through difficult searches Helping with the transition – and remaining part of the new team

	03F. Establishing International Presences and Different Models
	Basic, Regular Session
	Room: Gallery
	Considerations relative to formation, management, and maintenance of foreign organizations Internal processes to follow and best practices followed for obtaining university authority, legal forms, and appointing members and directors Navigating foreign legal issues, such as, foreign legal and tax filings and reports, tax implications, education regulatory implications, intellectual property, and compliance cost Alternative models for establishing international presence

	03G. Women in Leadership: Getting There, Staying There, and What to Do While You're There: A Long-Serving and an Incoming GC Share Their Tips
	Basic, Discussion Group
	Room: Salon F
	A seasoned and a recently appointed general counsel will provide practical advice regarding women in leadership roles, including: What to do to get to your leadership role, including how to expand skill sets and experiences, and how to get to know your clients (inside the general counsel’s office and throughout the institution) What to do (or not do) to stay in your leadership role, how to have difficult conversations, and how to avoid destructive or dangerous work relationships

	03H. Strategies for Winning Title IX Cases and Avoiding Potential Pitfalls
	Advanced, Regular Session
	Room: Salon A-C
	Themes and lessons learned from recent Title IX cases Winning defense strategies, including how colleges and universities can best position themselves for early dismissal of Title IX (and related) claims Effective tactics to defeat petitions for temporary or preliminary injunctive relief and protect the integrity of colleges’ policies and procedures Successful approaches to settling Title IX matters

	03I. At the Corner of Happy and Heathy: Where Disability, Accommodations, FMLA, and ADA Intersect
	Intermediate, Regular Session
	Room: Salon G
	Disability accommodations and the interactive process: who, what, when, where, and best practices How do FMLA, ADA and workers’ comp intersect? Hot Topics: medical marijuana, leave as an accommodation What are an employee’s rights during and after leave? Five ADA takeaways

	03J. Crisis Communications: Ethical and Practical Concerns
	Advanced, Regular Session
	Room: Salon E
	How to ethically tell your story in the court of public opinion Identifying who should be talking to the press and what can you say when a reporter calls Understanding the general counsel’s role in crafting intuitional statements to different audiences Rule 3.6 - ethical restrictions on extrajudicial statements during active litigation

	03K. The Future is Now: New Technology, Modalities, Accreditation, and Regulation Issues Changing the Face of Higher Education
	Advanced, Regular Session
	Room: Marquette VIII-IX
	The latest technology advancements that have the potential to have the greatest impact on education over the next decade The role of the accreditation system - and the opportunities and barriers that it poses in helping new models reach their full potential and serve more students well Key trends in the statutory and regulatory environment which will have significant impacts on innovation across the higher education ecosystem, including the reauthorization of the Higher Education Act Practical issues for attorneys in managing the risks and opportunities of innovation in an uncertain and constantly changing context

10:45 am - 11:15 am
	B2. Break Sponsored by McGuireWoods LLP
	[none]
	Room: Minneapolis Grand Ballroom Foyer


	SIDEBAR. Learn More About NACUA Committee Volunteer Service
	[none]
	Room: Board Room 1
	Join NACUA staff and leaders for an informal question-and-answer session about volunteering for NACUA service.

11:15 am - 12:45 pm
	F2. Featured Session: What College and University Lawyers Need to Know About the Changing Public Perception of Higher Education
	[none]
	Room: Salon A-D
	NACUA's members have indicated that one of the top trends of concern is the apparent erosion of public confidence in higher education, the increased scrutiny as a result, and the impact on institutions they represent. Multiple polls and research suggest that public opinions regarding the value of a higher education, as well as perception of higher education as a public good, may be in decline. What do the polls really say, are there differences among sectors of higher education, which parts are perception and which are reality, and what does the current climate mean for NACUA member institutions and their attorneys? In this plenary session, NACUA President and Chief Executive Officer Kathleen Santora will moderate a panel comprised of college and university decision makers and influencers who will explore the root causes of the shift in perception and discuss strategies the higher education community should be considering as a result.

Tuesday, June 26, 2018
7:45 am - 9:00 am
	LEADBREAK. Leadership and Membership Recognition Breakfast Sponsored by Venable LLP
	[none]
	Room: Salon A-C
	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 Nancy Tribbensee, Arizona Board of Regents Remarks from incoming Chair Leanne Shank, Law School Admission Council Board of Directors elections results Recognition of NACUA's 2017 - 2018 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 2019 Annual Conference in Denver, CO. Attendees must be present at the breakfast to be eligible to win.

	NETBREAK2. Networking Breakfast Sponsored by Jenner & Block LLP
	[none]
	Room: Salon D
	As an alternative to the Leadership Breakfast above, a continental breakfast will be available here until 9:00 A.M. Please note that we will stop serving food at the Leadership Breakfast at approximately 8:15 A.M.

9:15 am - 10:30 am
	04A. Ethical Pitfalls of Everyday Legal Technology & Flying Safe in the Clouds
	Intermediate, Regular Session
	Room: Gallery
	What is “reasonable” under Rule 1.6 to satisfy the ethical requirement to make reasonable efforts to protect confidentiality? Assessing the ethics of cloud computing solutions, how to secure your documents and files safely in the cloud, assessing security vulnerabilities related to documents and email Avoiding the hazards of metadata How to properly delete data and dispose of technology equipment, how to assign and maintain passwords and what is dual factor authentication, how to safely use public Wi-Fi Tips to help you establish best practices using inexpensive or free tools to ensure you are taking “reasonable steps” and satisfying the new definition of attorney competency with technology

	04B. Students Who Pose a Risk of Self Harm: Individualized Assessments, Leave, and Conditions for Return
	Advanced, Regular Session
	Room: Salon G
	Developing and implementing reasonable, non-discriminatory, and fair policies and practices Understanding “Individualized Assessments” Obtaining and evaluating medical and clinical information Administering voluntary and involuntary separations from the institution Establishing reasonable conditions for return to enrolled status

	04C. Navigating Social Identity Issues at Religiously Affiliated Institutions
	Intermediate, Regular Session
	Room: Marquette IV-V
	Litigation: A challenge by LGBTQ students on a christian campus Legislation: Raising awareness about religiously affiliated institutions among your legislators Limiting Speech?: How to design a speech code that reflects your institution’s values Labor: Faith-based hiring preferences

	04D. Policy Management: The Most Important Things You Are Not Doing
	Intermediate, Discussion Group
	Room: Salon F
	Starting a policy management program Keeping policies current Getting your community to actually read the policies

	04E. Federal Research Funding 101: Implications for Your Campus
	Basic, Regular Session
	Room: Marquette VIII-IX
	How did we get here? The evolution of federal support for university research What is F&A? How federal funds support the direct and indirect costs of research What costs are allowable? Cost principles and effort reporting What are the compliance implications? University responsibilities related to human and animal research, research misconduct, and conflict of interest and related topics

	04F. Going Global: Identifying and Managing Risks in Study Abroad
	Basic, Regular Session
	Room: Conrad B-C
	Setting up programs abroad: due diligence basics Selecting and preparing students Risk management and responding to emergencies during the program Understanding the evolving regulatory and legal landscape

	04G. Faculty and Employee Expression and Academic Freedom in a Time of Unrest
	Intermediate, Regular Session
	Room: Salon E
	The current state of the law on First Amendment issues on employee speech Faculty speech issues related to scholarship, teaching, and governance issues The overlap between faculty academic freedom concerns and student speech issues (including bias reporting, safe spaces, micro-aggressions) The impact on public and private institutions

	04H. Captivate Your Audience: Get Their Attention, Keep It, and Move Them to Action
	Intermediate, Regular Session
	Room: Marquette VI-VII
	Take advantage of the “First 30” to draw people in and get them on your side Discover new ways to make old or repetitive presentations more engaging Use gestures in the “Presentation Green Zone” to add inflection, volume, and texture to your voice Walk away with at least one new insight you can apply back on campus

	*04I. #&%@! Our Slant on Managing University Trademark and Copyright Issues**
	Intermediate, Regular Session
	Room: Marquette I-III
	First Amendment limits on trademark registration refusals First Amendment limits on schools’ ability to control use of their trademarks by student groups Impact of recent decisions on schools’ ability to prevent dilution and garnishment of their trademarks Copyright challenges in 2018: predatory licenses, digital archives use, shifting instructional needs, and increased liability exposure

10:30 am - 11:00 am
	B3. Break Sponsored by Taft Stettinius & Hollister LLP
	[none]
	Room: Minneapolis Grand Ballroom Foyer


11:00 am - 12:15 pm
	05A. How to Manage Your Workload: Time, Tasks, Email, and Distraction Management in the Age of Information Overload
	Intermediate, Regular Session
	Room: Gallery
	The average American worker switches tasks on the computer 564 times a day. We are drowning in technology-based interruptions and information overload! Is email serving you or are you a servant to email? How to manage your daily tasks and email using Microsoft Outlook Learn to manage tasks, deadlines, improve communication, and how to achieve your personal and professional goals

	05B. Ten Key Immigration Law Concepts for College and University Counsel
	Basic, Regular Session
	Room: Salon F
	Case studies and scenarios will help counsel issue-spot important immigration law concepts that may arise on campus Suggested strategies for actively engaging the many individuals on campus who provide legal advice on immigration issues (spoiler alert: they're often not lawyers!) The increasing importance of strong immigration compliance programs and policies, and how to implement them How the current Administration's immigration policies affect colleges and universities

	05C. Creation and Representation of Entities Beyond the University
	Advanced, Regular Session
	Room: Conrad B-C
	Why would a University want to create an affiliate organization and what should the institution consider before the decision is made? What kind of reviews and approvals might be needed to create an affiliate organization? How should the institution be structured and governed? What are the relevant operating issues, and financial and tax considerations? Are there any unique considerations for the office of counsel?

	05D. Representing Religiously Affiliated Institutions: Unique Issues and Special Considerations
	Advanced, Discussion Group
	Room: Marquette VI-VII
	Review special issues in contracting with federal, state, and local governments, including the status of EO 11246 and its application to religiously affiliated IHEs Discuss trends in student engagement and institutional participation in social justice activities at religiously affiliated IHEs, including immigration matters Share tips and experiences in issues around hiring for mission, religious codes for students and employees, unionization efforts, and application of Title IX at religiously affiliated IHEs Review the impact of recent litigation, legislation, and regulations on student and employee health plans at religiously affiliated IHEs Discuss the impact for religiously affiliated IHEs of Attorney General Sessions’ October 2017 Memorandum “Federal Law Protections for Religious Liberty”

	05E. Let's Get Ready to Rumble: Responding to Faculty and Graduate Student Organizing on Campus
	Intermediate, Regular Session
	Room: Marquette VIII-IX
	The latest developments and trends in higher education union organizing Signs union organizing is underway and determining your position Opposing organizing campaigns Managing the election Potential Unfair Labor Practices minefields and how to avoid them

	05F. More Data, More Problems: Big Data Issues for the Research Enterprise
	Intermediate, Regular Session
	Room: Marquette I-III
	Overview of data sharing arrangements used by teaching and research institutions Best practices for data governance, ownership, and access Contracting in data sharing initiatives and research collaborations GDPR and other legal guidelines for data sharing initiatives

	05G. Supreme Court Update with Dean Erwin Chemerinsky
	Intermediate, Regular Session
	Room: Salon A-C
	Session will be repeated at 2:00 pm 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

	05H. Managing Recognized and Unrecognized Student Organizations
	Intermediate, Regular Session
	Room: Salon E
	Identify the many permutations and forms of recognized and unrecognized student organizations: G reek life, club sports, student government, and secret societies How and when to apply campus conduct and safety policies, and the First Amendment, to student organizations Walking the line between individual student responsibility and organization responsibility and the sanctions that may apply How and when should information about organizational conduct be shared with campus (or the public) Review of various models and sample policies to define student organizations and organizational conduct

	05I. Real Property Forum
	Intermediate, Discussion Group
	Room: Marquette IV-V
	This forum will bring together experts to discuss hot topics and emerging issues in the field of real property

	05J. The Athletics Side of Title IX: What Should You Know About Your School's Intercollegiate Program
	Intermediate, Regular Session
	Room: Salon G
	Sexual misconduct: policies, practices, and training, including NCAA mandated training Sport equity: participation, scholarship, treatment, dollars, and donors Lessons learned from recent and innovative cases Exploring the respective roles of the general counsel and the Title IX office

12:15 pm - 2:00 pm
	ALUNCH. Affinity Group Luncheons
	[none]
	Room:
	Participate in an affinity group luncheon for those with a commonality of regional, institutional, or personal interests. Affinity Group Room Locations: African American Attorneys: Rochester Arkansas Attorneys: Salon D Asian American Pacific Islander Attorneys: Symphony II Association of Catholic Colleges and Universities (ACCU) / Association of Jesuit Colleges and Universities (AJCU): Conrad A Community College Attorneys: Symphony II Council for Christian Colleges & Universities: Symphony III Florida Attorneys: Symphony I Healthcare Law: Symphony III Higher Education Real Estate Lawyers: Salon D Hispanic/Latino Lawyers: Conrad D Illinois Attorneys: Symphony II International Lawyers: Conrad A Michigan Lawyers: Symphony I Military Colleges: Symphony III New England Council of Counsels (NECOC): Symphony III New York Attorneys: Symphony III North Carolina Attorneys: Conrad D Oklahoma Attorneys: Conrad A Texas Attorneys: Symphony III

	NETLUNCH. Networking Lunch Sponsored by Saul Ewing Arnstein & Lehr LLP
	[none]
	Room: Salon D
	This is your chance to continue to network with colleagues over lunch.

2:00 pm - 3:15 pm
	06A. 60 Legal Tech Tips, Tricks, and Apps in 60 Minutes
	Intermediate, Regular Session
	Room: Gallery
	Discover the latest developments in legal technology Where to go for legal-specific tech help, gadgets, and utilities that will help you improve communication and the legal services you provide Tablet and cloud-computing tips Software that can help you explain difficult concepts to clients more effectively Methods for securely sharing documents with people outside your office

	06B. So You Want to be General Counsel: Practical Tips for Getting There and Succeeding While You are There
	Basic, Discussion Group
	Room: Salon F
	General counsel come from many backgrounds and experiences: whatever your background, it is important to be aware of your own strengths AND weaknesses Starting off in the role—getting to know your university and your team (the lawyers and the other leadership) Navigating conversations and politics with trustees Knowing your president and maintaining that relationship while serving the institution Presidential searches and transitions: getting off on the right foot and building the relationship

	06C. China 101: Nuts and Bolts of Operating Educational Activities in China
	Basic, Regular Session
	Room: Marquette VIII-IX
	Understand different models of operating education activities in China Get a quick primer on a variety of issues applicable to foreign higher education institutions operating in China, such as academic, student, employee, business/tax, and IP considerations Explore issues related to recruiting Chinese students and other hot topics

	06D. An Anatomy of an IRS Audit: How to Prepare for and Survive an IRS Audit of Your Institution's Retirement and Deferred Compensation Plans
	Intermediate, Regular Session
	Room: Marquette IV-V
	Understanding the current IRS audit landscape A look at the audit process from the initial notification to the closing letter A guide to self-auditing your institution’s retirement plans Practical tips for surviving an IRS audit

	06E. Demystifying Title IV
	Basic, Regular Session
	Room: Conrad B-C
	Understanding institution, program, and student eligibility Basic institutional responsibilities (program integrity triad and required disclosures) Terminology 101 (from R2T4 to work study and everything in between) Current developments and hot topics

	06F. How to Best Deal with Protests on Campus
	Intermediate, Discussion Group
	Room: Salon E
	Discuss best practices regarding planning for protests and disruptions Exchange ideas with colleagues about what has and has not worked with respect to policies and practices regarding protests Identify key stakeholders and discuss how they should be engaged in advance of disruptive speech and potential demonstrations in order to reduce the risks of violence and property damage Practical recommendations for in-house counsel navigating challenging scenarios when protests get out of hand

	06G. Supreme Court Update with Dean Erwin Chemerinsky (Repeated Session)
	Intermediate, Regular Session
	Room: Salon G
	Repeat of session at 11:00 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

	06H. Mergers and Acquisitions in Higher Education: Managing Aggregation and Dis-Aggregation in an Evolving Environment
	Advanced, Regular Session
	Room: Marquette I-III
	The evolving meaning of “M&A” in higher education Exploring the legal and practical aspects of the aggregation and “dis-aggregation” of institutions and institutional activities The role of in-house and outside counsel in managing education-related M&A activities among separate entities of various forms and types (i.e., institutions, non-profit entities, enterprises supported by private capital) in the context of a complex regulatory framework

	06I. The EU General Data Protection Regulation Is Now in Effect: What You Should Be Doing Now
	Intermediate, Regular Session
	Room: Salon A-C
	Overview of the EU GDPR and its applicability to U.S. higher education institutions Discussion of the mechanism of enforcement of the regulation by the EU Addressing the rights of data subjects protected by the GDPR How EU member states are adapting to the regulation and what that means for U.S. institutions

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

3:15 pm - 3:45 pm
	B4. Ice Cream Break Sponsored by Pillsbury Winthrop Shaw Pittman LLP
	[none]
	Room: Minneapolis Grand Ballroom Foyer


3:45 pm - 4:30 pm
	07A. Legal Project Management Technology: What’s Out There?
	Intermediate, Regular Session
	Room: Gallery
	Learn how to use legal project management to be on the same page as outside counsel Explore the tools available today, whether you have simple or sophisticated needs, and whether you are on a shoestring budget or have a large budget Learn how to keep this process simple, practical, and affordable with proven tools

	07B. Tough Admissions Issues: Race-Conscious Policies, Revocations, and Pre-Enrollment Misconduct
	Intermediate, Regular Session
	Room: Salon E
	Status of the law on race-conscious admissions policies Practical considerations in developing race-conscious admissions policies Options for dealing with pre-enrollment misconduct: from conditional admission to admission revocation Challenges to admission revocations (and other institutional decisions): summary of contract law and due process challenges Avoiding contract and due process problems in the admissions process

	07C. Conquering Construction Contracts: An Introduction to Drafting, Negotiating, and Interpreting Construction Contracts
	Basic, Regular Session
	Room: Salon F
	Become familiar with some of the major players in the construction documents industry, including AIA and Consensus Discuss common delivery methods for construction projects, including: Design-bid-build, Design-build, and Construction Manager at Risk Explain limitations that might exist in state law regarding your ability to use certain delivery methods Other need-to-know topics for non-construction lawyers who are faced with drafting, negotiating, and interpreting construction contracts

	07D. Hold the Phone, It's OCR! What to Expect When OCR Comes Calling with a Website Accessibility Complaint
	Intermediate, Regular Session
	Room: Marquette I-III
	An overview of the complaint process and resolution options for website accessibility complaints filed with OCR Practical tips for managing the complaint process and communications with OCR A discussion of OCR investigative priorities and common components of resolution agreements

	07E. Doing More with Less: Surviving and Thriving with Limited Law Office Resources
	Intermediate, Regular Session
	Room: Marquette IV-V
	Sharing challenges related to small or under-resourced law offices Low-cost and no-cost systems and strategies to help manage your workload Practical tips and tools to increase efficiency, limit expenses, and keep clients happy

	07F. Lessons Learned Along the Way
	Intermediate, Regular Session
	Room: Marquette VIII-IX
	Balancing and understanding the many hats we wear Making the most of NACUA: accessing NACUA in a way that boosts your effectiveness at NACUA and back at home Exploring what it means to serve effectively in the higher education environment Examining leadership and the important qualities of a general counsel

	07G. "Me Too" v "Moving On": Can or Should Sexual Harassment Resolutions Be Confidential?
	Intermediate, Regular Session
	Room: Salon G
	Legislative, regulatory, and judicial developments on the use of confidentiality agreements in matters related to allegations of discrimination or sexual misconduct Practical and public relations considerations related to using (or not using) confidentiality terms in settlement agreements Legal and ethical obligations in providing references What a hiring institution can do to protect itself when hiring employees

	07H. Immigration Update
	Intermediate, Regular Session
	Room: Marquette VI-VII
	DACA, Dreamers, and undocumented students, including a review of the status of current DACA students, admissions and financial aid considerations, and sanctuary cities and campuses Visa changes and restrictions, including a review of the travel ban and H-1B visas and the BAHA Executive Order What’s on the horizon in immigration law?

	07I. International Contracts
	Intermediate, Regular Session
	Room: Conrad B-C
	Cultural and relational issues that arise in international contracts. Appropriate dispute resolution, and governing law clauses in international agreements Risk mitigation through certain contractual principles Factors to consider for enforceability of contracts in foreign jurisdiction Payment security terms & managing tax implications

	07J. Navigating Internal Investigations: Ethics, Politics, Communications, and Other Issues Present in Internal Investigations
	Intermediate, Regular Session
	Room: Salon A-C
	Building on information presented at the March 2018 CLE, this session will address: When an external investigator is advisable or necessary Identifying the client Protecting attorney-client privilege Investigations involving high-profile targets

Wednesday, June 27, 2018
8:00 am - 9:00 am
	NETBREAK3. Networking Breakfast Sponsored by Littler Mendelson P.C.
	[none]
	Room: Salon D


9:00 am - 10:15 am
	08A. What's on the Horizon for Higher Education in Washington Politics?
	Intermediate, Regular Session
	Room: Salon E
	Impact of White House actions and statements on higher education legal policy Review of congressional and agency activity: what to expect in the year ahead and the legal impact

	08B. Dwelling on Accommodations: Hot Topics in Residence Life Disability Issues
	Advanced, Regular Session
	Room: Salon G
	Accommodation requests in residence halls Impact of disabilities on roommates and others Service and assistance animals Perceived but not declared disabilities Special issues: mental health, allergies, and staff training

	08C. Employment Law Update
	Intermediate, Regular Session
	Room: Salon D
	What to expect from the EEOC and Department of Labor Complaints of sexual harassment by tenured faculty Individual employee rights under the NLRA: will the new Labor Board reverse recent decisions expanding rights in the non-union setting? Other significant developments in employment law

	08D. Disruption of the IRB System: Changes in the Common Rule, Single IRBs, and More
	Advanced, Regular Session
	Room: Conrad B-C
	Changes over the past 18 months in IRB operations and how universities have responded to the changes NIH single IRB mandates and utilizing the SMART IRB Master Agreement Changes to the Common Rule and when the changes will go into effect FDA guidance on waivers for informed consent Impact of changes on contracting, HIPAA compliance, regulatory compliance, risk assessment, and indemnification

	08E. Future of International Recruiting in an Increasingly Competitive Environment
	Intermediate, Regular Session
	Room: Marquette VI-VII
	Overview of international recruitment models Constraints – domestic and international Accreditation of recruiters and recruiting agencies The landscape of international recruiting looking forward

	08G. Powers and Pitfalls of Public-Private Partnerships
	Basic, Regular Session
	Room: Salon F
	What are P3s – their structure and financing Key considerations for a public entity before entering a P3 Key considerations for a private entity before entering a P3 Operational, financial, and legal concerns of each party

	08H. Tips and Tricks for Working Collaboratively with Your State Attorney General
	Intermediate, Regular Session
	Room: Conrad A
	Three prior State Attorney General’s Office attorneys and current higher education attorneys share what generally works — and what doesn’t — from both perspectives Tips on how to leverage your relationship with your State Attorney General to best serve your client Ethical and other considerations to take into account when working with your State Attorney General

	08I. How to Be More Valuable to Your Clients
	Intermediate, Regular Session
	Room: Gallery
	Learn how experienced lawyers make themselves valuable (or even invaluable) to their college and university clients Hear a client’s perspective on how lawyers can create and foster effective attorney-client relationships Practice applying these principles to realistic hypothetical circumstances

	08J. Protecting Real Estate Tax Exemptions in an Era of Increased Scrutiny: Lessons from the Princeton Case
	Intermediate, Regular Session
	Room: Marquette VIII-IX
	Overview of the recently settled Princeton litigation Practice tips to prepare for or prevent challenges to institutions' tax exempt status Specific activities to consider, including research and sports activities PILOTs and other challenges to institutions’ tax-exempt status

	08F. Athletics Forum
	Intermediate, Discussion Group
	Room: Marquette I-III
	This forum will bring together experts to discuss hot topics and emerging issues in the field of athletics

10:15 am - 10:45 am
	B5. Break Sponsored by Cooley LLP
	[none]
	Room: Minneapolis Grand Ballroom Foyer


10:45 am - 12:00 pm
	09A. Research Fraud and Misconduct: Navigating the Investigative Process and Mitigating Liability
	Intermediate, Regular Session
	Room: Conrad B-C
	Research misconduct, the False Claims Act, and the impact of the Supreme Court’s Escobar decision Responding to government information requests and best practices for managing parallel internal and external investigations Dealing with granting agencies and scholarly journals How to reduce the risk of research fraud and increase detection Analyzing a hypothetical research misconduct case

	09B. Tech Transfer Forum
	Intermediate, Discussion Group
	Room: Marquette VI-VII
	How and when should Technology Transfer Offices engage faculty? Protection and licensing of new technology and non-traditional intellectual property Potential pitfalls in seeking the best financial deal IP Enforcement Strategies

	09C. Counsel's Role in Managing the Aftermath of Crisis: A Professional Responsibility Lens
	Advanced, Regular Session
	Room: Salon G
	Look through the lens of the Rules of Professional Responsibility at the role of counsel’s office in the preparation for the potential legal and regulatory fallout of a crisis Explore the panoply of issues that frequently face general counsels in the aftermath of crisis including civil litigation, as well as law enforcement, federal agency, athletic conference, accreditation, and media inquiries Benefit from an overview of cutting edge, applicable, intersecting (and at time conflicting) laws, regulations, and guidance including FERPA, personnel records, Open Records, FOIA, state reporting frameworks, federal regulatory requirements, privilege, and confidentiality Be able to share concrete and implementable strategies from lessons learned, including record-keeping, documentation, training, communications, coordination of constituencies, and policy

	09D. Title IX Update: Proposed Regulations, Enforcement Actions, and Litigation
	Intermediate, Regular Session
	Room: Salon E
	Status of the Department of Education’s proposed regulations on Title IX Changes to OCR’s Case Processing Manual and implications for enforcement actions Title IX litigation update Practical advice and policy considerations for campus counsel

	09E. International Online Programs: A Brave New World
	Intermediate, Regular Session
	Room: Marquette I-III
	Overview of the international online education landscape: where we are and where we’re heading Issues to consider including tax, permanent establishment, educational and other authorizations, and privacy Determining obligations and responsibilities when an online program is supported by a third party

	09F. Collective Bargaining: Our Faculty/Students Voted to Unionize - Now What?
	Intermediate, Discussion Group
	Room: Marquette VIII-IX
	How to prepare for negotiations, including who should serve on the institution's bargaining team What is the status of the faculty or student handbook or faculty senate and graduate student council once there is a collective bargaining agreement? How negotiations for a faculty or student bargaining unit differ from other bargaining units Sample important contract proposals

	09G. The Report Says What?! Understanding and Maximizing Privilege and Work Product Protection When Your Institution Engages Outside Consultants
	Intermediate, Regular Session
	Room: Salon F
	What responsibility does counsel have to try to maximize privilege and work product protections? Identifying the types of matters that should be managed by counsel’s office to increase the probability of protection Tips for reviewing contracts and engagement letters with outside consultants Latest significant developments in case law on privilege and the work product doctrine Developing a central written protocol for managing privilege and work product in work performed by consultants, including non-lawyer consultants handling investigations

	09H. Domestic and International Partnerships to Expand Student Offerings
	Basic, Regular Session
	Room: Gallery
	Opportunities presented by domestic and international partnerships Joint programs, exchange programs, research collaborations, cross-border online programs, internship programs, and specialized consultant arrangements Legal and regulatory challenges Key considerations in structuring a deal Examples of successes and lessons learned

	09I. The Results of NACUA's 2018 Compliance Survey
	Basic, Regular Session
	Room: Conrad A
	Hear a summary of the results of NACUA’s 2018 compliance survey Learn about changes in the compliance approaches of member institutions during the five years since the previous NACUA compliance survey Learn how your institution’s approach to compliance compares with those of other institutions