NACUA Winter 2021 Virtual CLE Workshop : NACUA - National Association of College and University Attorneys

Loading Event Details...

Wednesday, February 03, 2021
11:00 am - 11:10 am
	WELCOME. Welcome and Introductory Remarks
	[none]
	Room:

11:10 am - 12:30 pm
	01. Opening Plenary: From Challenge to Opportunity: Higher Education Looks Ahead After A Difficult Year
	Panel Discussion
	Room:
	2020 was a year marked by a number of historical events—the onset of a global pandemic that upended our normal way of living and doing business, countless protests and renewed calls for racial and social justice, and a presidential election that further revealed the deep divides in America, to name a few. As colleges and universities are often microcosms of our larger society, these events deeply affected institutions of higher education and manifested themselves in a number of ways on campus—from the rapid switch to remote/hybrid virtual learning environments, to student and faculty demands and protests for racial equity, to student organizations claiming their speech has been silenced because of their political opinions. In the midst of it all, campus partners have continued to work together to ensure that their institutions meet the needs of students. Please join our esteemed panel, offering the perspectives of a university president, general counsel, and chief diversity and inclusion officer, as they offer valuable insights on what we can and should learn from these experiences in order to use them as a catalyst for positive change in the future. Topics addressed will include: The role of university counsel in COVID-related risk mitigation How university counsel can best assist university leadership and diversity, equity, and inclusion (DEI) offices in their efforts to achieve racial equity and address other social justice concerns Navigating internal and external opposition to DEI efforts The effect of a virtual learning environment on diversity and inclusion in higher education And much more!

1:00 pm - 2:15 pm
	02. Dismantling Systemic Racism: A Roadmap for Addressing Systems, Anti-Racism Training, and Legal Pitfalls
	Regular Session
	Room:
	How to frame and establish goals for a comprehensive review of policy and practice Strategies and considerations for implementing effective anti-racism training Navigating legal issues emanating from anti-racism efforts and activism on and off campus

2:15 pm - 3:00 pm
	NETWORK1. Networking Lounge
	[none]
	Room:

3:00 pm - 4:15 pm
	03. Regulations in the COVID Environment: What Was, What Is, What May Be
	Regular Session
	Room:
	COVID research/testing-related regulations, including the EUA pathway for drug products to treat or prevent COVID, the CTAP / IND process for studying products for COVID, and Human Subject Protection issues related to conducting clinical trials during COVID Pandemic-specific laws affecting management of employees Contact tracing and FERPA: How to “follow the breadcrumbs” without “spilling the beans”

4:30 pm - 5:30 pm
	04A. Free Speech and Social Media
	Discussion Group
	Room:
	Responding to employees’ and students’ controversial posts on personal social media accounts including disciplinary actions Identifying harassment Educating students and the community regarding the institution’s response options How to protect First Amendment rights and maintain an inclusive, welcoming environment

	04B. Renaming Buildings and Removing Controversial Statues
	Discussion Group
	Room:
	Initiating the process Examples of successful efforts Managing internal opposition and the community’s response

	04C. International Students and Employees
	Discussion Group
	Room:
	Recruiting international students Compliance issues related to employees located in other countries

	04D. Strategies for Diversifying Your Faculty, General Counsel's Office, and Senior Leadership
	Discussion Group
	Room:
	Identifying available strategies compliant with anti-discrimination laws Examples of successful diversity initiatives and their implementation

	04E. Focusing on Faculty During the COVID Era
	Discussion Group
	Room:
	Modifying faculty employment arrangements and restructuring departments due to budget concerns Contractual issues for unionized faculty The future of faculty teaching remotely

Thursday, February 04, 2021
11:00 am - 12:15 pm
	05. In Case You Were Sleeping Too Well . . . All Things COVID That Go Bump In The Night!
	Regular Session
	Room:
	COVID Defense: Defending against current and potential claims (Tuition and fees refund class actions; Employment claims; Negligence claims) Insurance Coverage for COVID: Past, Present, and Future (Tuition and fee refund actions; Property and negligence claims; Employment related claims) COVID Offense: Affirmative risk mitigation strategies (Waivers or informed consent/training; Messaging, marketing, policies, and catalogs; Liability protection legislation)

1:00 pm - 2:15 pm
	06. College and University Response to Student Demands and Needs
	Regular Session
	Room:
	Discuss examples of student-initiated demands of university administration and different approaches to those demands What has been effective and ineffective in responding to those demands What are some of the common legal and practical challenges

2:15 pm - 3:00 pm
	NETWORK2. Networking Lounge
	[none]
	Room:

3:00 pm - 4:15 pm
	07. The Role of Police in an Evolving Campus Community
	Regular Session
	Room:
	Assessing the mission, operation and impact of your campus law enforcement unit Building support and communicating the value of campus law enforcement while being responsive to the concerns and demands of your diverse campus constituencies (students, faculty, alumni, trustees) Community policing: what it means, its impact on the surrounding community and the importance of cultivating the relationship with local community and local law enforcement Campus police in the COVID era – what has changed, what has stayed the same, and the role of police in a public health emergency

4:30 pm - 5:45 pm
	08. Ethics Session: Advice in a Crisis: College and University Legal Ethics in the Time of Covid-19
	Regular Session
	Room:
	The Covid-19 pandemic has raised the stakes and increased the anxiety levels of all constituents of the academic community, including college and university counsel. In this session, we will discuss some of the key legal ethics issues that counsel have had to face, with reference to guidance provided by ABA Model Rules of Professional Conduct : Potential Confidentiality and Unauthorized Practice Problems When Working from Home; Distinguishing Between Clients and Client Representatives: Balancing Constituent Interests in Situations Including the Rights of Individuals Testing Positive with the Institutional “Need to Know” and Due Process Rights of Employees and Students; The Permissibility of Giving “Prudential” as Distinct from “Legal” Advice; and Exigent Circumstances and the Line Between Advising Clients About the Law and Advising or Assisting Them in Illegal or Criminal Activity.

Friday, February 05, 2021
11:00 am - 12:15 pm
	09. Nine Months With Nine: Lessons Learned Since May 2020
	Regular Session
	Room:
	Implementation of investigations and hearings in a virtual environment; implementing the new regulations while learning and incorporating new technologies Interplay between Title IX and Title VII under the new regulations Beyond the Rules – other related issues counsel should consider: Informal processes; Court decisions shedding light and darkness on interpretation of the regulations The care and feeding of advisors – how to select, how to train, how to restrain Is there still room for an educational response under legalistic rules? The role of counsel and Title IX professionals in implementing the new rules Impact on students – complainants; respondents; supportive measures

1:00 pm - 2:15 pm
	10. Free Speech on Campus: How Colleges Are Responding to Student Activism and Bias Complaints
	Regular Session
	Room:
	What are public and private institutions’ legal obligations to address students’ allegations of bias and offensive speech, viewed against the backdrop of competing state and federal free speech standards? Potential federal changes Bias response teams: challenges and opportunities after Schlissel Special issues related to remote learning Bearing those standards in mind, and in anticipation of crisis, how can we build a policy and communications infrastructure engaging all community stakeholders? What are practical strategies for tackling the most common scenarios of conflict?

3:00 pm - 4:15 pm
	11. Dual Pandemics: The Impact of COVID and Racial Unrest on Mental Health in Higher Education
	Regular Session
	Room:
	How have the pandemic and social justice movement impacted student mental health trends and student affairs and mental health professionals’ response to students’ mental health needs? The pandemic’s effect on identifying student mental health concerns, delivering mental health services, and connecting students with other support services: do the changes affect institutions’ duty of care or healthcare providers’ standard of care to students? Whether and how to leverage the broader campus community to facilitate student well-being on and off-campus How to manage liability risks and community expectations of student support and campus mental healthcare services during these challenging times

4:30 pm - 5:30 pm
	12A. Controlling Coronavirus Outbreaks on Campus
	Discussion Group
	Room:
	Safety protocols instituted including testing, contact tracing, education programs Mandatory vaccines for students and employees? Methods of distribution? Addressing off-campus gatherings and student violations

	12B. Remote Workforce Issues
	Discussion Group
	Room:
	Long-term impact of successful transition to telework and resistance to returning to campus Management of remote employees Providing disability accommodations

	12C. Privacy Concerns in Remote Learning & Investigations
	Discussion Group
	Room:
	Recording classes: policies, persons responsible for recording and posting; granting access; protecting against unwanted disclosure Investigations: policies; ensuring confidentiality of conversations; recordings and screen-shots

	12D. Maintaining Your Well-Being, Managing Stress, and Boosting Office Morale
	Discussion Group
	Room:
	Activities or changes to office policies/procedures designed to boost morale Strategies for prioritizing tasks/time management and organizational tools Tips for maintaining mental wellness

	12E. Let’s Talk Title IX
	Discussion Group
	Room:
	Advisors: Who should serve in this role? Should institutions provide training? Enforcing rules of decorum Title VII vs. Title IX process in employee investigations Athletics equity issues (e.g., cutting programs due to COVID-related budget concerns)