NACUA 2020 Virtual Conference : NACUA - National Association of College and University Attorneys

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Thursday, June 18, 2020
3:00 pm - 4:00 pm
	AFFINITY1. Affinity Group Virtual Meetups Sponsored by Cozen O'Connor
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	AFFINITY1A. Higher Education Programs in China
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	AFFINITY1B. Latino Lawyers
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	AFFINITY1C. Michigan Lawyers
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	AFFINITY1D. WACO
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4:30 pm - 5:30 pm
	HONORS. Honors & Awards Ceremony Sponsored by Ogletree Deakins
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Friday, June 19, 2020
12:00 pm - 2:00 pm
	GCRWEB. General Counsel Roundtables Sponsored by Saul Ewing Arnstein & Lehr LLP
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3:00 pm - 4:00 pm
	AFFINITY2. Affinity Group Virtual Meetups Sponsored by Cozen O’Connor
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	AFFINITY2A. California Attorneys
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	AFFINITY2C. North Carolina Attorneys
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4:30 pm - 5:30 pm
	AFFINITY3. Affinity Group Virtual Meetups Sponsored by Cozen O’Connor
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	AFFINITY3A. International Issues
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	AFFINITY3B. QUA
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Monday, June 22, 2020
11:00 am - 11:15 am
	WELCOME. Welcome & Opening Remarks
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11:15 am - 12:30 pm
	01. Opening Plenary I: Higher Education in The Age of COVID-19: Medical and Scientific Perspectives Sponsored by Pillsbury Winthrop Shaw Pittman LLP
	Panel Discussion
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	Join us as we launch the 2020 Virtual Conference by diving into need-to-know medical and scientific information about COVID-19 presented by a panel of leading medical experts convened by NACUA.

1:00 pm - 2:15 pm
	02. Opening Plenary II: Higher Education in the Age of COVID-19: Campus Attorney Perspectives Sponsored by Pepper Hamilton LLP
	Panel Discussion
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	Seasoned NACUA members will discuss the critical role of college and university attorneys in planning and implementing institutional responses to the coronavirus pandemic and understanding the impacts of coronavirus on the present and future higher education landscape.

3:00 pm - 4:15 pm
	03. Should I Stay or Should I Go? Mergers and Acquisitions Among Higher Education Institutions
	Regular Session
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	Discussion of the impact of COVID-19 and a brief financial overview of how COVID has impacted campuses around the nation Discussion of the ways in which institutions seek to respond to financial pressures, the pros and cons of mergers and acquisitions among educations institutions, the impact of the Borrower Defense to Repayment regulations on institutional considerations when under financial stress, and tips from the trenches Discussion of key financial metrics with which counsel should be familiar in order to effectively advise their clients

4:30 pm - 5:30 pm
	04. Virtual Discussion Groups Sponsored by Husch Blackwell
	Discussion Group
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	04A. The Swinging Pendulum of “in loco parentis”: Student Mental Health Issues and the Evolving Duty of Colleges and Universities to Keep Students Safe For participants with surnames beginning with the letters A-L
	Discussion Group
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	This interactive session will discuss recent rulings on the legal duty of colleges and universities to keep their students safe, both from self-harm and harm caused by others Explore how courts – and schools – are grappling with the challenge of balancing the need to ensure a safe campus while respecting student autonomy and privacy Explore and consider recommended practices for managing students with complex mental health challenges, within the framework of disability laws, privacy considerations, and duties to ensure a safe environment Review effective policies and procedures that are working well for other institutions

	04A2. The Swinging Pendulum of “in loco parentis”: Student Mental Health Issues and the Evolving Duty of Colleges and Universities to Keep Students Safe For participants with surnames beginning with the letters M-Z
	Discussion Group
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	This interactive session will discuss recent rulings on the legal duty of colleges and universities to keep their students safe, both from self-harm and harm caused by others Explore how courts – and schools – are grappling with the challenge of balancing the need to ensure a safe campus while respecting student autonomy and privacy Explore and consider recommended practices for managing students with complex mental health challenges, within the framework of disability laws, privacy considerations, and duties to ensure a safe environment Review effective policies and procedures that are working well for other institutions

	04B. Understanding Trump’s Executive Order on Combatting Anti-Semitism and its Application on Campus
	Discussion Group
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	Review the Trump Administration’s Executive Order on Combatting Anti-Semitism: its background, contents, and recent enforcement activities Consider how the Executive Order interacts with other federal and state laws, regulation,s and constitutional provisions Identify strategies for grappling with challenging situations on campus which may require legal, cultural, and political acumen in creating productive community engagement

	04C. Solo or Small General Counsel's Office Forum
	Discussion Group
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	Join your NACUA colleagues to discuss issues affecting solo General Counsel and heads of small OGC. Topics may include: Managing your personal wellness and professional workload – time management, setting priorities, and managing expectations The challenge of wearing multiple hats effectively, including serving as a strategic leadership partner, while serving as a solo general counsel or the head of a small OGC The importance of strategic use of institutional resources, campus partners, outside counsel, NACUA and networking circles, particularly during the COVID-19 crisis

	04D. Election Season is Here!
	Discussion Group
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	Guiding students to productive political participation within the boundaries of applicable laws and campus policies Navigating potential conflicts between free expression and inclusive diversity Responding to requests for use of campus space Social media, chalking, banners, and signs Updating policies related to political activity

	04E. Compliance Forum For participants with surnames beginning with the letters A-L
	Discussion Group
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	Join your NACUA colleagues to discuss the current compliance issues affecting colleges and universities. Topics may include: Structures and strictures of compliance models COVID-19: compliance in a crisis Data, information, communication, and education

	04E2. Compliance Forum For participants with surnames beginning with the letters M-Z
	Discussion Group
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	Join your NACUA colleagues to discuss the current compliance issues affecting colleges and universities. Topics may include: Structures and strictures of compliance models COVID-19: compliance in a crisis Data, information, communication, and education

Tuesday, June 23, 2020
11:00 am - 12:15 pm
	05. Now Trending: Employment Law Updates and Practical Tips to Best ‘Employ’ Your Employment Law Knowledge
	Regular Session
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	A review of new cases, statutes, and regulations in the areas of harassment, discrimination, settlement agreements, accommodations Practical considerations for employment law practice How to deal with the new Title IX regulations as they impact employment How to work effectively with outside counsel

1:00 pm - 2:15 pm
	06. Role of Legal in Crisis Management and Communication
	Regular Session
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	A crisis tests the character (and often the competence) of an institution and its leaders. In addition to the COVID-19 pandemic, higher education crises include: sexual harassment or abuse cases; racial and other bias allegations; tragic accidents or shootings; campus unrest; Greek life incidents; enrollment/admissions crimes; financial misconduct; foreign gifts, contracts, and espionage claims; discredited leaders, professors and donors; First Amendment issues; and athletic scandals Leading experts will address hypothetical scenarios based on real world crises to show examples of common pitfalls and best practices. They will provide practical advice on the essential elements of crisis management: gaining a full appreciation of the causes and consequences of a situation and responding with integrity Key topics will include: characteristics of effective communications with internal constituencies, as well as media and other interested parties (e.g., victims, law enforcement, elected officials, community members); navigating crises in the age of digital media and rapid escalation; counsel's involvement in proactively planning for and supporting crisis response (including calibrating legal/risk-management considerations alongside other critical values, such as transparency); and building and supporting crisis response teams

3:00 pm - 4:15 pm
	07. Competition Law and the Collaboration Conundrum: Why You (Yes, You!) Need to Care About Antitrust
	Regular Session
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	Overview of federal antitrust laws and federal enforcement priorities Unique antitrust issues the present in the COVID-19 context as colleges and universities plan for the future Hot topics such as faculty recruitment and compensation, admissions, and information-sharing Applicability of antitrust laws to public and private institutions Practical tips regarding institutional practices, policy development and refinement, messaging, and education

4:30 pm - 5:30 pm
	08. Virtual Discussion Groups Sponsored by Husch Blackwell
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	08A. Athletics Forum
	Discussion Group
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	Hear from expert members and engage in helpful discussion with colleagues on important athletics topics including: Managing COVID-19 in the short term and planning for a re-opening of sports on campus Need-to-know athletics policy and regulatory developments

	08B. Investigation Minefields For participants with surnames beginning with the letters A-L
	Discussion Group
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	Privilege considerations Scoping of investigation Data collection/destruction issues Effective witness interviews and contact with former employees and students Final work product pros and cons

	08B2. Investigation Minefields For participants with surnames beginning with the letters M-Z
	Discussion Group
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	Privilege considerations Scoping of investigation Data collection/destruction issues Effective witness interviews and contact with former employees and students Final work product pros and cons

	08C. Race Issues in America: How Can Colleges and Universities Be a Part of Change for the Future? For participants with surnames beginning with the letters A-L
	Discussion Group
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	Share reflections about the murders of George Floyd, Breonna Taylor, and those who have come before; structural racism; and responsibilities of the higher education community Discuss examples of college and university leaders’ actions, what works and what doesn’t Consider how college and university leaders should plan for a return to campus and discussions of race issues, potential protests and demands from constituents How counsel can be part of the conversation in terms of presidential and Board response and action, constructive conversations, and legal matters that may arise

	08C2. Race Issues in America: How Can Colleges and Universities Be a Part of Change for the Future? For participants with surnames beginning with the letters M-Z
	Discussion Group
	Room:
	Share reflections about the murders of George Floyd, Breonna Taylor, and those who have come before; structural racism; and responsibilities of the higher education community Discuss examples of college and university leaders’ actions, what works and what doesn’t Consider how college and university leaders should plan for a return to campus and discussions of race issues, potential protests and demands from constituents How counsel can be part of the conversation in terms of presidential and Board response and action, constructive conversations, and legal matters that may arise

	08D. Student Immigration Hot Topics
	Discussion Group
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	Returning for fall term – Updates on travel restrictions and visa application processing by DOS & USCIS Planning with SEVP guidance – Changes to international student services and advising due to COVID-19 Current state of international student benefits – CPT, OPT and STEM OPT International students and export control issues – new proclamation restricting certain Chinese nationals from graduate study and research What's on the horizon – OPT litigation, DACA, possible new Presidential Proclamation, travel restrictions

	08E. Research & Technology Transfer Forum
	Discussion Group
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	Join your NACUA colleagues to discuss the current state of research and technology transfer legal matters affecting colleges and universities. Topics may include: Research in the age of COVID-19 Potential risks and rewards in licensing technology and innovations and the expanding breadth of data use agreements Legal issues related to faculty start-ups and faculty consulting Foreign influence on research

Wednesday, June 24, 2020
11:00 am - 12:15 pm
	09. Influence: The Art & Science of Changing Minds in Challenging Times
	Regular Session
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	How would you like to snap your fingers and your colleagues would instantly agree with you? It may not be that easy, however you can dramatically improve your chances for success if you understand how people make decisions and what causes them to act. Influence is an interactive program that draws on the latest scientific research to show you how to influence people especially during these uncertain times. You're guaranteed to leave with practical ideas you can apply right away. Specifically, you will be able to: Discover the elements you must have to win over any skeptical mind and utilize the four key drivers of persuasion to gain buy-in and acceptance of your ideas. Overcome the common mistakes most people make when trying to change someone’s mind and leave much of the conventional wisdom about influence behind (most of it doesn't work anyway).

1:00 pm - 2:15 pm
	10. High-Stakes Litigation and Investigations: Steering Our Clients Through Shifting Tides
	Regular Session
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	Review the growing trend of high-stakes litigation and government investigations, where the risks of not settling include significant reputational harm, defense costs, damage awards, and, depending on the cause of action, attorney's fees awards Discuss the information a general counsel needs to inform the tough decision whether to settle such matters—and at what costs and under what terms—or to fight, and when and how to inform and involve the president and board in this decision-making process Survey the tools available to assess judge and damage award trends, and the role of mock juries and jury consultants to assess risk as well as prepare for trial Identify the defense and indemnity issues to anticipate in working with insurance companies on high-stakes matters

3:00 pm - 4:15 pm
	11. Featured Session: Supreme Court Update with Dean Erwin Chemerinsky Sponsored by Cullen and Dykman LLP
	Regular Session
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	NACUA is pleased to again welcome one of the nation’s leading experts on the Supreme Court, Dean Erwin Chemerinsky, to deliver his unique overview and analysis of the current Supreme Court term and his predictions for the following term. Dean Chemerinsky will highlight cases with the potential to affect higher education and make insightful observations about the Court and the impact of recent events on its work.

4:30 pm - 5:30 pm
	12. Thriving in a Time of Crisis: Mindfulness and Well-Being Strategies for Lawyers
	Regular Session
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	Explore the practice of meditation as a means of reducing stress, improving focus, and increasing resilience Examine how anxiety manifests in the body and mind and identify simple strategies for managing it more effectively Learn easy, evidence-based methods of boosting mood and cultivating positive emotions

Thursday, June 25, 2020
11:00 am - 12:15 pm
	13. Website Accessibility: Avoiding and Defending Against Challenges to the Accessibility of Websites and Other Online Content
	Regular Session
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	Trends in national website accessibility litigation involving colleges and universities and other entities covered by disability laws Strategies for defending against website accessibility claims brought under federal and state nondiscrimination statutes Responding to Office for Civil Rights website accessibility complaints and negotiating resolution agreements Best practices for website accessibility compliance

1:00 pm - 2:15 pm
	14. Foreign Influence in Research: Shaping Effective Internal Practices and Responding to External Inquiries and Investigations
	Regular Session
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	As higher education institutions seek to balance commitments to international engagement with protections against improper foreign influence (including foreign espionage and soft-power initiatives), this session will address both proactive and responsive measures to ensure the security and integrity of research, with particular focus on the following topics: Proactively managing conflicts of interest and conflicts of commitment; screening foreign sponsors and collaborators, including visiting researchers and faculty; compliance measures and self-reporting; and relationships with federal security agencies Methods for identifying and understanding unreported faculty academic and industry affiliations and income (i.e., internal audit/stress-test practices) Why and how the federal government has concentrated on academic grants in its effort to identify improper foreign influence and technology leakage in U.S.-based scientific research Responding to federal agency (NIH, DoD, DoE, and NSF) and other governmental inquiries about investigator affiliations and activities, and campus concerns (e.g., anti-discrimination, privacy, and academic freedom) arising from efforts to address undue foreign influence

3:00 pm - 4:15 pm
	15. 2020 Labor Law Update
	Regular Session
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	NLRB case law: developments in 2019-2020 Faculty and adjunct organizing as well as graduate student organizing Union elections: rulemaking Strikes and threatened strikes Post Janus: exclusive representation and reimbursement of dues

4:30 pm - 5:30 pm
	16. Virtual Discussion Groups Sponsored by Husch Blackwell
	Discussion Group
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	16A. Affirmative Action: Dead or Alive?
	Discussion Group
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	Current framework and overview of seminal cases Actual and potential incursions into the current framework: state ballot initiatives and legal challenges Overview of today’s key stakeholders: who are the primary proponents and opponents? Who is affected by changes in law and policy and in what ways are they affected? Practical advice for institutions in a variety of contexts: (1) institutional contexts: type of institution (public/private) and jurisdictional factors (state constraints); (2) programmatic contexts: admissions, scholarships/financial aid programs, academic initiatives, supplier diversity, and employment

	16B. Get Up, Stand Up: What You Need to Know about Free Speech on Campus in 2020 For participants with surnames beginning with the letters A-L
	Discussion Group
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	Balancing lawful protest with unlawful disruption Update on free speech zones Planning and executing major events Interpreting the Administration’s key executive orders relating to the First Amendment

	16B2. Get Up, Stand Up: What You Need to Know about Free Speech on Campus in 2020 For participants with surnames beginning with the letters M-Z
	Discussion Group
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	Balancing lawful protest with unlawful disruption Update on free speech zones Planning and executing major events Interpreting the Administration’s key executive orders relating to the First Amendment

	16C. It's Negotiable: Contract Terms and Mitigating Risk and Exposure to Colleges and Universities For participants with surnames beginning with the letters A-L
	Discussion Group
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	Drafting contracts to shift and manage risk to your institution Meaningful insurance and indemnity provisions Techniques for negotiating contract terms Impact of being a public versus private institution on contract terms

	16C2. It's Negotiable: Contract Terms and Mitigating Risk and Exposure to Colleges and Universities For participants with surnames beginning with the letters M-Z
	Discussion Group
	Room:
	Drafting contracts to shift and manage risk to your institution Meaningful insurance and indemnity provisions Techniques for negotiating contract terms Impact of being a public versus private institution on contract terms

	16D. Real Property Forum
	Discussion Group
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	Join your fellow NACUA colleagues to discuss the current state of real property matters affecting colleges and universities. Topics may include: The many flavors of joint projects, partnerships, and ventures The “other side” of P3s: risk shifting, liability, and financing pitfalls Housing affordability for institutional stakeholders and approaches to residential property portfolios

	16E. Religious and Church-Affiliated Institutions Forum
	Discussion Group
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	Join your NACUA colleagues to discuss the current state of legal matters affecting religious and church-affiliated colleges and universities. Topics may include: Regulatory developments impacting religious institutions and student groups Provision of healthcare services and benefits Unionization on campus Tax issues related to clergy

Friday, June 26, 2020
11:00 am - 12:15 pm
	17. 2020 Foresight Through Hindsight: Expert Advice on the New Title IX Regulations
	Regular Session
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	Title IX Sexual Harassment Jurisdictional Issues (Actual Knowledge/Responsible Employee; Program/Activity; Person in the U.S.; Deliberate Indifference) Formal Complaints/Supportive Measures/Informal Resolution; and Mandatory/Discretionary Dismissals Grievance Process/Standard of Evidence Live Hearings (cross-examination; advisors; appeals) and related issues (virtual hearings in the time of COVID-19; intersection with Title VII; academic medical centers; training; and retaliation)

1:00 pm - 2:15 pm
	18. Navigating Pandemic and Pan-institutional Responsibilities: Ethical Issues and Obligations for College and University Counsel
	Regular Session
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	Lawyers in General Counsel’s offices fill an increasing number of roles at colleges and universities including non-legal roles in compliance, risk management, civil rights, and Human Resources The Covid-19 pandemic brings into sharp focus the increased need for counsel to assist in important legal, ethical, financial, operational, communications, and policy decisions Universities are more dependent than ever on counsel to work very quickly across divisions on pan-institutional issues and responsibilities as business advisors, project managers, and trusted leaders This session will explore the ethical issues and obligations of general counsel serving in multiple roles; ethical considerations for counsel when intersecting with lawyers in non-legal roles; and attorney-client privilege and, work product considerations

3:00 pm - 4:15 pm
	19. Ask the Pro: Washington Update
	Regular Session
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	Review of congressional and agency activity: what to expect in the year ahead and the legal impact Impact of White House actions and statements on higher education legal policy

4:30 pm - 5:30 pm
	AFFINITY4. Affinity Group Virtual Meetups Sponsored by Cozen O’Connor
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	AFFINITY4A. African American Attorneys
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	AFFINITY4B. Asian American / Pacific Islander Attorneys
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	AFFINITY4C. Religious and Church-Related Institutions
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	AFFINITY4D. Texas Attorneys
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