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Wednesday, June 16, 2021
10:30 am - 11:30 am
  AFFINITY1. Affinity Group Meetups
Sponsored by Cozen O'Connor
  [none]
  Room:
 
 
12:00 pm - 2:00 pm
  GCRWEB. General Counsel Roundtables
Sponsored by Saul Ewing Arnstein & Lehr LLP
  [none]
  Room:
 
 
2:30 pm - 3:30 pm
  PRECON1. Practice Skills Pre-Con: "Unmute Yourself!" Communicating with Power and Impact Online
Sponsored by Ropes & Gray LLP
  Regular Session
  Room:
 
  • Given the continued reality of working from home and hybrid work environments, online meetings are now a daily fixture in our lives. However, if you approach a virtual meeting the same way you would an in-person gathering, your chances of success may be limited. The good news is that you can dramatically increase your effectiveness if you understand the dynamics of virtual audiences and what causes them to pay attention. Discover easy-to-implement ideas to connect with and influence others when you can’t be together in person, specifically how to:
  • Make a great first impression and build credibility from word one
  • Be more comfortable connecting with people online
  • Incorporate proven strategies to keep your remote audiences engaged
  • Be more compelling and persuasive when communicating your ideas
 
4:00 pm - 5:00 pm
  PRECON2. Practice Skills Pre-Con: Get Focused! 26-Week Action Plan for Digital Detox and Time Management to Welcome the New, New Normal
Sponsored by Ropes & Gray LLP
  Regular Session
  Room:
 
  • How many times have you started down the self-improvement road of time, task, email, and distraction management, and found yourself back in the same place a couple weeks later?
  • It is time to get traction and build long-lasting habits to welcome our post-pandemic new normal with renewed purpose and focus.
  • Tying together all the necessary tools, methods, tips, and technology can be an overwhelming task. Where do you even start?! This program lays out an achievable and realistic plan through a proven process that promotes attorney wellness and productivity.
  • This program ties together the methods, processes and technology covered in Paul Unger’s Tame the Digital Chaos book and programs, adds in the critical topic of digital detox, and presents everything with a 26-week action plan to get it done in time to welcome 2022 and blast through any challenges in the road ahead.
 
Thursday, June 17, 2021
10:30 am - 11:30 am
  AFFINITY2. Affinity Group Meetups
Sponsored by Cozen O’Connor
  [none]
  Room:
 
 
3:30 pm - 4:30 pm
  AFFINITY3. Affinity Group Meetups
Sponsored by Cozen O’Connor
  [none]
  Room:
 
 
5:00 pm - 6:00 pm
  HONORS. Honors & Awards Ceremony
Sponsored by Ogletree Deakins
  [none]
  Room:
 
 
Friday, June 18, 2021
  NOTE. Please note there will be no Conference programming in observance of Juneteenth and several state holidays marking that occasion.
  [none]
  Room:
 
 
Monday, June 21, 2021
10:00 am - 10:55 am
  NETWORK1. Morning Networking Meetups
Sponsored by XL Law & Consulting PA
  [none]
  Room:
 
No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
 
11:00 am - 11:15 am
  WELCOME. Welcome & Opening Remarks
  [none]
  Room:
 
 
11:15 am - 12:30 pm
  01. Opening Plenary: From Storm Clouds to Silver Linings: Using Adversity to Transform, Innovate, and Lead for the Future of Higher Education
Sponsored by Troutman Pepper
  Panel Discussion
  Room:
 
Join us at NACUA’s 2021 Virtual Conference for a front-row seat to a discussion with distinguished higher education leaders on the bold steps, innovative strategies, and nimble decision-making required for colleges and universities to meet the challenges that await us.
 
1:00 pm - 2:00 pm
  02A. The Future and Challenges of International Remote Work
  Regular Session
  Room:
 
  • Situations that give rise to short-term and long-term international remote work
  • Categories of employees who may be working remotely and why this matters
  • Legal and practical analysis of international remote work scenarios and how they interact
  • Options for resolving the short term when the answer is no in the long term
  • Intersecting considerations with out-of-state remote work
 
  02B. Hot Topics in Student Civil Rights Law (other than Title IX!)
  Regular Session
  Room:
 
  • Discuss challenging issues of race, national origin, disability, age, and religious discrimination, including harassment and accommodations, involving students
  • Explain what to expect if OCR or another civil rights agency comes knocking and strategize on how to avoid such a visit
  • Highlight emerging trends and promising practices for structuring university equity and compliance offices and aligning efforts with DEI work
 
2:00 pm - 2:45 pm
  NETWORK2. Networking Lounges
Sponsored by Jackson Lewis PC
  [none]
  Room:
 
No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
 
2:45 pm - 4:00 pm
  03A. COVID's Next Wave: Employment Claim Trends and Practical Impacts on Human Resource Management
  Regular Session
  Room:
 
  • Challenges to termination, layoffs and RIFS, including discipline for refusal to return to work due to COVID concerns, and allegations that COVID-related layoffs were retaliatory and/or discriminatory
  • COVID-related accommodations claims, such as failure to accommodate and discriminatory COVID protocols
  • Challenges to COVID protocols, including claims of failure to keep the campus safe, and retaliation claims
  • Gender and other discrimination claims arising out of revocation of flexible work arrangements and the effect of COVID and childrearing responsibilities on tenure and performance
  • Equal pay claims arising out of additional COVID-related duties and the financial value of remote teaching
 
  03B. NCAA Enforcement Decisions and Enforcements Trends: What Your Institution Needs to Know to Comply
  Regular Session
  Room:
 
  • Explanation of the NCAA’s infractions process, including the levels of violation, the resolution process, aggravating and mitigating factors that can impact the outcome, and relevant case precedents
  • Discussion of institutional control and how institutions can reduce their risk through certain best practices
  • Review recent major infractions and discuss top risk areas and trends that institutions should recognize and work to address
 
4:45 pm - 5:45 pm
  04A. Under My Umbrella? The Changing Landscape of Insurance Coverage and Liability
  Regular Session
  Room:
 
  • Examining the changing landscape of insurance coverage post-COVID, this session will provide insight into this ever changing world
  • Expert panelists will explore the changes that have occurred over the past several years
  • Identify how the Office of General Counsel can work with risk management teams to maximize coverage
  • Identify and flag ways in which insurers have and have not covered COVID and other new costs
 
  04B. Bias Incidents and Student Codes of Conduct
  Regular Session
  Room:
 
  • Overview of the effect of bias on institutions of higher learning and discussion of current statistics of bias incidents on campus Trends corresponding with changes in presidential administrations and other national events, differences across types of institutions, etc.
  • What is the current law concerning bias incidents on campus? Review of existing Executive Orders and Regulations from Department of Education Predictions re: Biden Administration’s enforcement against incidents of bias on campus Review of federal and state laws that are implicated (Title VI, VII, IX) Review of Current Case Law
  • Discussion of examples of bias incidents affecting schools (using various case studies). Examples include: Hate Speech in Graffiti Physical attacks Online attacks (anonymous or not) Zoom bias attacks Campus responses to national events
  • How do colleges and universities deal with bias incidents? Anti-bias policies and training Effective Bias Response Teams What is the appropriate response when a bias incident occurs? What is the role of General Counsel on such teams? First Amendment claims in bias incidents Review of implications of claims based on political speech/assembly/protest Checklist / Process document for managing a bias incident on campus
  • Legal Discussion of Fallout from Bias Incidents Potential legal exposure from a bias incident, including potential claims by a victim or group Reputational harm and media attention Managing campus relations Coordination with law enforcement
 
Tuesday, June 22, 2021
10:00 am - 10:55 am
  AFFINITY4. Affinity Group Meetups
Sponsored by Cozen O’Connor
  [none]
  Room:
 
 
11:00 am - 12:15 pm
  05A. Title IX Update: Where Are We Now, What Have We Learned, and Where Are We Going?
  Regular Session
  Room:
 
  • How to Communicate the Regulatory Requirements Effectively to the Campus Community
  • Practical Considerations in Staffing and Conducting Hearings
  • Update on Recent Litigation and What May Be Coming
  • Review of Changes Observed and Anticipated under Biden Administration
  • How to Navigate the New Regulations When the Landscape Will Likely Change
 
  05B. Navigating Copyright Issues in Expanded Online Education and Events
  Regular Session
  Room:
 
  • Faculty and institutional rights in course syllabi, materials, and lectures
  • Copyright issues in online materials and resources
  • Recording and online distribution of campus events incorporating copyrighted material
 
1:00 pm - 2:00 pm
  06A. In Re Lady Lawyers: Leading From Where You Are and Successfully Navigating Gender and Other Biases when Representing Colleges and Universities
  Regular Session
  Room:
 
  • Provide an overview of the research, data, and experiences that can empower us to name and discuss the assumptions, biases, and obstacles that women attorneys in higher education commonly face
  • Identify personal and professional strategies to succeed and lead in higher education law as diverse women attorneys
  • Benefit from lessons learned by experienced successful female general counsel and outside counsel in various contexts, forums, and career stages
 
  06B. Conflicts of Interest in an Era of Growing Scrutiny
  Regular Session
  Room:
 
  • Current Climate: The rising profile and scrutiny of research conflicts of interest
  • Common Conundrums: How to work through potential pitfalls in identifying, assessing, and managing conflicts
  • Crucial Considerations: Best practices, lessons learned, and key internal communications
 
2:00 pm - 2:45 pm
  NETWORK3. Networking Lounges
Sponsored by Jackson Lewis PC
  [none]
  Room:
 
No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
 
  NETWORK9A. Meet the Experts from Session 05A. Title IX Update: Where Are We Now, What Have We Learned, and Where Are We Going?
  [none]
  Room:
 
 
2:45 pm - 4:00 pm
  07A. Next Up: Employment Law Revue Two-O-Two-One
  Regular Session
  Room:
 
  • Key employment discrimination cases and new laws (yes, including TIX)
  • The pandemic’s impact on the workplace
  • Issues related to pay equity, wage and hour, and independent contractors
  • Labor law developments and higher education
  • Retrenchment, reorganizations, and more
 
  07B. How to Establish and Implement the Model Privacy and Cybersecurity Compliance Program for Higher Education in 2021
  Regular Session
  Room:
 
  • Learn about universal privacy and information security vulnerabilities and challenges that are unique to higher education
  • Understand universally recognized long-term solutions that incorporate standards and best practices that are practical for higher education
  • Discover lessons learned about conducting an efficient and effective campus-wide gap assessment
  • Recommend gap-closing projects on the scale of risk-ranked priority
  • Implement privacy and information security risk mitigation projects aligning risks with budgets, including nuts and bolts of responding to a ransomware attack
 
4:45 pm - 5:45 pm
  08A. Post-Pandemic Accommodations for Students with Disabilities
  Regular Session
  Room:
 
  • Overview of the non-discrimination and equal access requirements under federal law
  • Review of recent cases and federal guidance
  • Digital accessibility considerations
  • Trends in accommodation requests following the pandemic
  • Best practices for navigating student requests for accommodations
 
  08B. Law and Mindfulness: Build Resilience, Overcome Challenges, and Put Your Best (Professional and Personal) Self Forward
  Regular Session
  Room:
 
  • Join a nationally recognized leader in the area of mindfulness and law, and teacher, author, and trainer to explore mindfulness as both a personal and professional practice
  • Learn some foundational practices and concepts to ground yourself and your practice in times of stress and chaos
  • Employ these practices over time to build personal and professional resilience and thrive under even the most challenging circumstances
 
Wednesday, June 23, 2021
10:00 am - 10:55 am
  NETWORK4. Morning Networking Meetups
Sponsored by XL Law & Consulting PA
  [none]
  Room:
 
No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
 
11:00 am - 12:15 pm
  09. Featured Session: Supreme Court Update with Dean Erwin Chemerinsky
Sponsored by Cullen and Dykman LLP
  Regular Session
  Room:
 
  • NACUA is once again pleased to welcome a leading national expert on the Supreme Court, Dean Erwin Chemerinsky, to guide us through his unparalleled 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.
  •  
    1:00 pm - 2:00 pm
      10A. Got Accommodations? Exploring the Intersection of COVID-related Disabilities, Anxieties, Race, and Socio-Economic Status
      Regular Session
      Room:
     
    • Trends in recent reasonable accommodation decisions
    • Addressing COVID related accommodations, from symptomology and post-illness impact to anxiety, paranoia, and vaccinations
    • Evaluating authenticity of claims
    • The new prevalence of working from home and its impact on evaluating accommodations and the planned return to campus
    • The intersection of COVID, reasonable accommodation, and racial and socio-economic status: providing equal opportunity of accommodations
     
      10B. Sourcing Legal Work and Delivering the Right Result: Challenges and Strategies for In-house Counsel when Managing Resources, Prioritizing Work, and Identifying the Legal Resources to Get the Job Done Right
      Regular Session
      Room:
     
    • Prioritizing work and looking at sourcing options (inside and outside) for the variety of work that must be done to deliver the outcomes our clients require: what is the right work done the right way?
    • Selecting and retaining the counsel or service providers best suited to the work that will be outsourced: performed by the right people with the right resources?
    • Defining and painting the target for the client's optimal outcome, and communicating to counsel what constitutes success, including expectations around cost, price controls, and operational efficiencies: to deliver the right results at the right price?
    • This session is paired with a discussion group later in the afternoon to afford more time to discuss the issues
     
    2:00 pm - 2:45 pm
      NETWORK5. Networking Lounges
    Sponsored by Jackson Lewis PC
      [none]
      Room:
     
    No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
     
      NETWORK9C. Meet the Experts from Session 10A: Got Accommodations? Exploring the Intersection of COVID-related Disabilities, Anxieties, Race, and Socio-Economic Status
      [none]
      Room:
     
     
    2:45 pm - 4:00 pm
      11A. A View from the Government: Foreign Influence, Research Security, and Research Funding Integrity
      Regular Session
      Room:
     
    • Higher education institutions continue to seek to balance the values of international engagement and high-trust, open scientific communities with protections against improper foreign influence, threats to research integrity, and misappropriation of intellectual property
    • This area has also become one of increased guidance and accountability by federal grant-making agencies and the U.S. Department of Justice, and this session will offer the perspectives from key government leaders of the National Institutes of Health (NIH), the National Science Foundation (NSF), and the National Security Division of the U.S. Department of Justice
    • The session will explore patterns and forms of foreign influence, misappropriation, and violations of federal grant funding; considerations for institutional oversight and response, conflicts of interest, conflicts of commitment, nondisclosure, and false statements; perspectives on the dividing line between individual/faculty misconduct and institutional responsibility; and perspectives on DOJ involvements and criminal enforcement
     
      11B. First Amendment Considerations On and Off Campus
      Regular Session
      Room:
     
    • Overview of court decisions related to student speech
    • Consideration of student social media and speech in student admissions
    • Institutional policy considerations related to student speech
    • Institution's role in upholding commitment to inclusion and free speech rights
     
    4:45 pm - 5:45 pm
      12. Discussion Groups
    Sponsored by Husch Blackwell LLP
      Discussion Group
      Room:
     
     
      12A. Best Practices for Complying With the Title IX Regulations
      Discussion Group
      Room:
     
    • Discuss the best practices for complying with the Title IX regulations with your colleagues.
     
      12B. A Rock and a Hard Place: Practical Pointers For When Title VII, Title IX, and the Campus SaVE Act Diverge
      Discussion Group
      Room:
     
    • Navigating whether to conduct a full Title IX investigation where the participants and/or the alleged conduct don't "fit" into Title IX
    • The risks and ramifications of developing an institutional position on the line between Title IX and Title VII matters and related Campus SaVE Act implications
    • Thinking through how and what to communicate with participants when you have determined that an investigation is still necessary even though it's not a Title IX issue
     
      12C. Diversity, Equity, and Inclusion Initiatives: The Role of the Office of General Counsel
      Discussion Group
      Room:
     
    • The Legal Suite as strategic partner and advisor on DEI initiatives
    • Articulating why DEI is mission critical with the Board, senior leadership, and other stakeholders
    • Getting inclusive hiring practices to stick and justifying inclusive admissions policies and programs
    • Role of the OGC in times of unrest with campus leaders and campus police
    • High stakes: the wins and losses of demands and petitions
     
      12D. As the Pendulum Swings: Legislation and Regulatory Action under the Biden-Harris Administration
      Discussion Group
      Room:
     
    • Summarize and discuss key legislation and regulatory action to-date, including Executive Orders
    • Track and forecast changes in areas such as Title IX, race, diversity & inclusion, speech, student aid, and research
    • Consider potential realignment with Obama-era rules related to immigration, for-profit institutions, borrower-defense and gainful employment
     
      12E. Undue Foreign Influence in Higher Education
      Discussion Group
      Room:
     
    • Discuss current and emerging issues on undue foreign influence in higher education with your colleagues.
     
      12F. All About Athletics & Antitrust
      Discussion Group
      Room:
     
    • Discuss current and emerging issues on athletics antitrust issues with your colleagues.
     
      12G. We’re Here to Help: Providing Student Mental Health Care During and After the Pandemic
      Discussion Group
      Room:
     
    • Strategies for addressing the mental health care needs of a struggling student population
    • Managing conduct code violations of students in crisis
    • Handling accommodation requests for virtual programs based on fear of return to campus
    • Institutional risk management and liability related to student mental health concerns
     
      12H. Continue the Conversation From 10B: Sourcing Legal Work and Delivering the Right Result: Challenges and Strategies for In-house Counsel when Managing Resources, Prioritizing Work, and Identifying the Legal Resources to Get the Job Done Right
      Discussion Group
      Room:
     
    • Continue the discussion with your colleagues from the day's previous session on strategies for in-house counsel when managing resources, prioritizing work, and identifying the legal resources.
     
      12I. Race Issues in America: How Can Institutions and Counsel Be a Part of Change for the Future?
      Discussion Group
      Room:
     
    • How has the COVID-19 pandemic exacerbated race, ethnicity, socioeconomic, and health disparities among your campus community members?
    • What does leadership on race issues look like? How are you standing up for your AAPI, minority, and international communities in the face of incidents of violence?  How do you recognize and account for nuanced but important differences within minority groups?  
    • How do you bring your community together to facilitate productive in-group and ally conversations highlighting challenges, but also successes and points of joy?
    • How do you talk to students, faculty, and staff about race issues and free speech?  How do you create safe spaces without creating echo chambers or erecting barriers to diverse community interactions?
    • How do you legally institute focus and accountability on a diverse talent pipeline within OGC, among outside counsel, and within your faculty and staff hiring and promotion?
    • Understand state and federal policies that address discrimination and hate crimes, for instance, the COVID-19 Hate Crimes Act
     
    Thursday, June 24, 2021
    10:00 am - 10:55 am
      AFFINITY5. Affinity Group Meetups
    Sponsored by Cozen O’Connor
      [none]
      Room:
     
     
    11:00 am - 12:15 pm
      13A. You Can’t Waive a Hat You Never Wore: Ethical Choices and Checklists Around Operational Roles for In-House Counsel (Ethics Session)
      Regular Session
      Room:
     
    • We all know that attorneys serving institutions of higher education are regularly asked to actively engage in business operations, strategic planning, and if they are really lucky, creative development.
    • Your legal advice is privileged and confidential, but these other endeavors – maybe not. This session will help you:
    • Identify and manage ethical and privilege issues when serving in multiple or shifting roles with the aid of the Rules of Professional Responsibility
    • Educate and manage expectations of campus constituents relating to privilege issues
    • Consider how to interact with lawyers at your institution serving in non-legal roles
     
      13B. Planning for International Risks in Times of Crisis
      Regular Session
      Room:
     
    • This session will discuss risk management and risk mitigation tools, best practices, and key global issues to consider during an international crisis involving natural disasters, pandemic, and geopolitical unrest, including:
    • Legal considerations during suspension of overseas programs and/or operations
    • Effective risk and waiver documents
    • Planning for resilience against the unforeseeable through contracts and training of faculty and staff
    • Travel assistance programs
     
    1:00 pm - 2:00 pm
      14A. Diversity in the Face of Adversity: Managing Legal Risks of Affirmative Diversity Efforts
      Regular Session
      Room:
     
    • Understanding the legal framework informing diversity efforts, including Title IX, Title VI, and Title VII, as well as related case law, regulations, resolution agreements, and guidance
    • Navigating the legal framework in the contexts of specific types of campus initiatives intended to attract diverse candidates and applicants, retain them, and support their success, with an eye towards the specific experiences of Black and other underrepresented faculty
    • Mitigating and addressing direct challenges to diversity programs from within and outside the institution
     
      14B. Navigating Legal and Regulatory Issues Online
      Regular Session
      Room:
     
    • Regulatory Focus: Transparency
    • Consumer Protection: Misrepresentation, DoD Principles of Excellence, and TCPA
    • Title IV: Key Issues in T4 for Lawyers to Know
     
    2:00 pm - 2:45 pm
      NETWORK6. Networking Lounges
    Sponsored by Jackson Lewis PC
      [none]
      Room:
     
    No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
     
      NETWORK9B. Meet the Experts from Session 13B. Planning for International Risks in Times of Crisis
      [none]
      Room:
     
     
    2:45 pm - 4:00 pm
      15A. Lessons Learned: DO’s, DON’Ts, and Tips for Navigating the World of Title IX Litigation
      Regular Session
      Room:
     
    • Overview of current trends in recent Title IX litigation
    • Analysis of recent cases with focus on respondents, including both trial court decisions and appellate litigation
    • Tips for how to best position colleges and universities for success in this type of Title IX litigation (with emphasis on enhanced due process measures and understanding bias and its role in Title IX litigation)
    • Understanding ADR, mediation, and restorative justice approaches to resolving Title IX complaints outside of an institution’s formal investigation process
     
      15B. The Great Contraction: Managing Financial Distress with Strategic Partnerships, Mergers, and Institutional and Program Closures
      Regular Session
      Room:
     
    • This interactive session will explore the pressures causing institutions financial distress, including overbearing student debt, shrinking demographics, reduced government aid, COVID economics, and facility arms races
    • Identify some of the main considerations for institutions to consider when determining the strategy for managing financial distress: is a closure, merger, consolidation, or strategic partnership right for your institution?
    • What should institutions expect in the process of merging or closing? Creating a plan forward: mapping out a timeline and identifying the key benchmarks in a successful sustainability plan
    • Receive guidance and share experiences on what it takes to assess viability and plan and implement a new business model which thinks outside the box and considers teach-outs, expediency, creditor negotiations, joint ventures, combinations, mergers, wind downs, smaller more successful footprints, or even repurposing assets
     
    4:45 pm - 5:45 pm
      16A. Equal Pay Claims: Prevention, Investigation, and Litigation
      Regular Session
      Room:
     
    • Best practices for conducting pay equity audits for one or more groups on campus: questions of privilege, transparency, and timing (proactive or reactive)
    • Responding to complaints on unequal pay, whether internal or external, and recommended steps for investigating those complaints
    • Recommendations for notifying the community (and defining the appropriate community) when an inequity is discovered
    • Guidelines for resolving claims under the Equal Pay Act, including different requirements for public and private institutions, along with notice to the local union(s)
    • Discussion on, and analysis of, recent EPA litigation: what do these cases mean for your campus?
     
      16B. The Value-Added Counsel: Being a Strategic Partner and Institutional Guardian, while Minding Ethical Obligations (Ethics Session)
      Regular Session
      Room:
     
    • Evaluating and deploying approaches to assessing clients' expectations regarding – and their level of satisfaction with – the value added by institutional counsel (especially the "value add" beyond basic legal advising), as well as expectations regarding counsel’s role and our "client"
    • Helping to promote strategic thinking and decision-making across the breadth of the institution, and furthering the institution's work such that it is greater than the sum of its individual leadership parts, particularly during an unprecedented institutional crisis (e.g., COVID-19)
    • Engaging in value-added strategic thinking partnerships in a way that supplements (not supplants!) the work of other members of the leadership team, and ensures that counsel does not run afoul of ethics rules
    • Identifying additional voices to be heard or inputs to be solicited when leadership discusses important issues, so as to strengthen the outcome, further institutional goals and avoid unintended consequences impacting the institution
     
      16C. Section 117: Identifying, Reporting, and Responding to Questions About Foreign Gifts and Contracts
      Regular Session
      Room:
     
    • From 2019 to January 2021, the U.S. Department of Education targeted 19 institutions in highly publicized investigations relating to compliance with Section 117 of the Higher Education Act of 1965 (HEA) and interpreted Section 117 requirements in ways that expanded requirements and burdens and increased risks for colleges and universities.
    • This session will address the practicalities of applying Section 117 at your institution, including how to identify foreign gifts and contracts as defined by Section 117, tips on effective processes for preparing reports, ways to strengthen compliance and reduce risk, and the important role of university lawyers.
    • The panel will provide perspectives from a public university system and private university that effectively defended Department of Education investigations, and from an advisor to a diverse range of institutions on issues related to Section 117.
     
    Friday, June 25, 2021
    10:00 am - 10:55 am
      NETWORK7. Morning Networking Meetups
    Sponsored by XL Law & Consulting PA
      [none]
      Room:
     
    No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
     
    11:00 am - 12:15 pm
      17. Featured Session: Ask the Pro: Washington Update with Terry Hartle
    Sponsored by Pillsbury Winthrop Shaw Pittman LLP
      Regular Session
      Room:
     
    • Benefit from an expert overview of the impact of the new administration on higher education policy
    • Receive an unmatched update on the impact of congressional and agency actions and statements on higher education policy and their legal impact
    • Hear predictions on what the current state of legislative and regulatory action or inaction may mean higher education over the next few years
     
    1:00 pm - 2:00 pm
      18A. Then & Now: Updates on Immigration Policies Affecting International Students
      Regular Session
      Room:
     
    • Discuss recent changes to federal immigration policies, including what will change and what will stay the same
    • SEVP guidance, OPT, B-2 bridge, interview waivers, biometrics waivers, extension of work permits to address “cap gap” issues, travel restrictions and US consular operations (e.g., visa issuance/renewal, heightened vetting), and the Immigration Tracking Project
    • How to evaluate university policies to address hybrid education and other needs of international students
     
      18B. Restricting Scholarships Based on Race and Gender: How to Do Good without Doing Wrong
      Regular Session
      Room:
     
    • Discuss renewed donor interest in race-based and gender-based scholarships arising out of Black Lives Matter and #MeToo
    • Examine the legal standards that apply to race-based and gender-based scholarship restrictions at private and public universities
    • Explore the tension between legal compliance and donor relations, and understand how universities are balancing these competing considerations
    • Learn what to expect with the new administration
     
    2:00 pm - 2:30 pm
      POPUP. Pop-Up Session: The Supreme Court Decides NCAA v. Alston
      Regular Session
      Room:
     
    • Summary of the U.S. Supreme Court’s decision and reasoning in NCAA v. Alston
    • Significance of the decision for college and university athletic programs
    • Title IX implications of the decision
    • NCAA update on activity around name, image, and likeness issues
    • *This Pop-Up Session does not qualify for CLE credit*
     
      NETWORK8. Networking Lounges
    Sponsored by Jackson Lewis PC
      [none]
      Room:
     
    No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.
     
    2:45 pm - 4:00 pm
      19A. The Remote Work Transformation: Embracing Opportunities and Managing Challenges
      Regular Session
      Room:
     
    • Identify key local and state payroll, tax, and labor and employment law considerations
    • Discuss approaches for establishing a multi-state compliance program and the importance of partnerships
    • Explore the DEI dimensions of remote work, including distribution of access to remote work, pay equity, and managing remote employees
    • Consider what your institution should be doing now to plan for the post-pandemic future of remote work
     
      19B. Civil Rights Protests on Campus: How Campus Police, Student Affairs, and University Counsel Work Together to Encourage Student Activism and Keep Campus Safe
      Regular Session
      Room:
     
    • While COVID-19 has limited the number of on-campus protests, there have been numerous protests throughout the United States on civil rights issues, most notably following the death of George Floyd. Many of these protests have resulted in tension-filled confrontations with police.
    • Campus safety and campus police officers are specially trained to deal with protests on campus and they work closely with Student Affairs and University Counsel to monitor social media, communicate with student activists, and ensure safety during campus protests.
    • This session will discuss best practices for managing student protests, with a focus on lessons learned.
     
    4:45 pm - 5:45 pm
      20. Leveling the Playing Field: Sex, Race, LGBTQA+, and Pay Equity
      Regular Session
      Room:
     
    • Issues of gender and race are among the hottest litigation issues in college sports right now and they are not going away. Explore the legal landscape including:
    • Athletics gender equity and sports sponsorship decisions
    • Trans athlete participation
    • Athletics pay equity claims