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

Loading Event Details...

Wednesday, November 10, 2021
11:00 am - 12:30 pm
	01. Welcome and Opening Plenary: Lessons Learned (and Being Learned) from the Pandemic to Ride a New Wave of Compliance Challenges and Opportunities
	Panel Discussion
	Room:
	Hear the perspectives from a “President's Cabinet:” experienced NACUA members in the roles of President, COO/Chief Business Officer, General Counsel, and Vice President of Student Affairs/Dean of Students on the lessons being learned from the pandemic that will guide the future of higher education, compliance with a growing body of regulation, polarizing political issues, and your role as counsel.

1:00 pm - 2:15 pm
	02. In a State of Flux: The Future of Employment Compliance Amidst the Pandemic's Effects
	Regular Session
	Room:
	Examine some of the more pressing workplace issues with a particular focus on disability issues and teleworking Overview of the way the pandemic has impacted the workplace, and the ongoing needs of college and university clients, such as Human Resources personnel, in managing changes and unique issues Focused examination on the intersection of new demands from employees regarding pandemic-related disability issues and FMLA, including vaccination policies and remote/virtual teaching Focused examination on the evolution of work arrangements including remote working, teleworking agreements, implications for employee/employer privacy Forecast for the evolution of these issues and other legal and policy issues that stem from working in an environment that still experiences the pandemic’s effects

2:15 pm - 2:55 pm
	NETWORK5. Networking Lounge
	[none]
	Room:
	No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.

3:00 pm - 4:15 pm
	03. (Inappropriate) Undue Foreign Influence in Research
	Regular Session
	Room:
	Recent high-profile cases, managing inquiries and surveying potential risk Tension between national security concerns and D&I, particularly related to the AAPI and international community on campus Continued policymaker interest and limitations on foreign research Active regulatory expansion (NIH reporting regulation) Relationship building with local FBI office and other law enforcement agencies Best practices for tracking international collaborations

4:30 pm - 5:30 pm
	04A. Navigating Complex and Ever-Changing Compliance Issues Arising Out Of The Continuing COVID-19 Pandemic
	Discussion Group
	Room:
	Legal and practical considerations in evaluating mandatory vaccination and/or masking policies across campus Risks of losing or jeopardizing federal and/or state funding based on the implementation of various COVID-19 related policies and procedures Recommendations for continued safety protocols on campus, including cost implications Challenges with continued remote work arrangements and/or phased return to work plans Additional compliance measures, regulations, and requirements applicable to medical affiliations and/or medical clinics, student rotations, or other research activities Other recent developments and updates impacting compliance efforts and campus operations

	04B. Free Speech Issues on Campus
	Discussion Group
	Room:
	Lessons learned from Mahanoy and whether the decision results in changes in campus policies Whether a line can be drawn between on campus and off campus speech, and whether it should be How campuses are navigating the guidance provided to faculty, whether they are called speech codes, academic freedom announcements, or remote learning guidelines What are the creative ways campuses are dealing with hate speech

	04C. COVID-19 Accommodations in a Mandate Free World
	Discussion Group
	Room:
	Student Accommodation Issues including: how to comply with NCAA requirements; what to do when a university has a K-12 school and school districts are allowed to mandate masks or do not require masks mandates; and what to do when health/clinical placements or internships require participants to be vaccinated or to wear masks. Faculty Accommodation Issues including: collective bargaining issues and faculty inquiring why they can’t ask students if they’re vaccinated or require them to wear a mask in class and why they can’t work remotely or get an accommodation for underlying health conditions Requests for remote work/classes vs. online, and long haul COVID implications

	04D. Big Data on Campus
	Discussion Group
	Room:
	What is “big data” and how is it used in higher education (e.g. enrollment management, research)? What are the opportunities and risks to institutions of higher education in the use of big data? Ethical and legal issues in use of big data (e.g., consent, privacy, security) Developing an effective compliance regime around big data

	04E. Uncovering and Rectifying Waste, Fraud, and Abuse on Campus
	Discussion Group
	Room:
	The challenges posed by a remote working and learning environment Areas of particular concern for fraud Responding effectively to external agencies and reviewers Who needs to be notified when a problem is discovered and tips for the response Encouraging early reporting of potential issues

	04F. Challenges and Opportunities for Your Campus Training Program
	Discussion Group
	Room:
	Communicating the role of compliance officers and staff appropriately for your institutional compliance model Explore the effectiveness of general and specialized training Handling resistance to training among faculty and staff Created opportunities for successful training outcomes Measuring and quantifying training

Thursday, November 11, 2021
11:00 am - 12:15 pm
	05. Title IX 3.0, 2021: Title IX Under Biden’s DOE
	Regular Session
	Room:
	Complex and critical issues that have arisen in implementing the 2020 Title IX regulations “Stories from the front” on hearings, anonymous complaints received via social media, why fair process matters, and restorative justice practices A look at the new DOE and regulatory developments, new litigation outcomes impacting the 2020 regulations, and the projected impact of hundreds of thousands of student returning after an extended period of away from campus Special Title IX considerations relevant to athletics including: emergency removals, reporting, and training; complying with new NCAA policy and preparing for new attestation, training, and procedural obligations; and a look at what schools need to know about SafeSport

1:00 pm - 2:15 pm
	06A. Athletics Compliance in 2021-22: The Questions You Should Be Asking
	Regular Session
	Room:
	Hot topics in gender equity – roster management, (attempted) sport elimination, equitable treatment, transgender participation, and sexual violence prevention Post-Alston / NIL – what is the institutional appetite for regulation? Managing disclosures and conflicts. What’s on the horizon? An NCAA Constitutional Convention and more change!

	06B. Data Governance as a Crucial Component of Compliance and Cybersecurity
	Regular Session
	Room:
	Overview of a university’s need for data governance to reduce risk of legal liability, mitigate potential use of data contrary to an institution’s values, engage in accurate risk analysis, and make effective and efficient decisions regarding cybersecurity Legal mandates driving data governance The nexus between data governance and cyber security Attributes of a mature data governance program Cybersecurity resources available to your institutions

2:15 pm - 2:55 pm
	NETWORK1. Networking Lounge
	[none]
	Room:
	No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.

	NETWORK2. Networking Lounge: Meet the Experts from Session 06A. Athletics Compliance in 2021-22: The Questions You Should Be Asking
	[none]
	Room:
	Come ready to get your questions answered by athletics compliance experts

3:00 pm - 4:15 pm
	07. A Conversation with Suzanne Goldberg
	Regular Session
	Room:
	Join us to hear from Deputy Assistant Secretary for Strategic Operations and Outreach Suzanne Goldberg on OCR’s higher education priorities and enforcement updates A live Q&A period will follow

4:30 pm - 5:30 pm
	08A. Mitigating Risk of Data Breaches: Prevention and Response
	Discussion Group
	Room:
	Ensure you have an adequate data breach policy in place and action plan to implement to respond to a data breach What are the various obligations of an institution to respond to a data breach? What insurance is available and what will it cover? What will it require the institution to do in order to provide coverage?

	08B. Addressing the Mental Health Issues of Faculty and Students
	Discussion Group
	Room:
	Framing the discussion: COVID and other current stressors Key legal and policy developments Accommodation requests, including remote work Developments in telehealth Managing disruptive constituents and potential direct threats

	08C. Motivational Coaching or Verbal Abuse: How to Protect Student-Athletes and Your Institution
	Discussion Group
	Room:
	Is there a problem? What should universities do when they receive a report of an abusive coach? Employment actions Managing the media

	08D. Marijuana Law/Research Update
	Discussion Group
	Room:
	Join your colleagues to discuss the latest issues related to higher education marijuana law and research Bring your questions, challenges, and solutions to engage in a lively discussion

	08E. Conflicts of Interest: Policies and Pain Points
	Discussion Group
	Room:
	Inquire about and discuss conflicts issues related to the research and technology licensing and development enterprise Unique and new entrepreneurism issues not typically covered by existing policies, including impacts on graduate and postdoctoral students, university provided support services, and faculty startups licensing issues Research issues, including research integrity, reporting and managing conflicts, and institutional conflicts Coordination with and compliance with government conflicts rules

	08F. Compliance Officers & Officials Forum
	Discussion Group
	Room:
	Join your fellow compliance officers and officials to discuss the current top issues coming across your desk, to ask questions on thorny issues, and to share successful solutions and approaches.

Friday, November 12, 2021
11:00 am - 12:00 pm
	09. Washington Legislative and Regulatory Update
	Regular Session
	Room:
	Join us to hear from experts in Washington legislation and regulation for the latest congressional and agency developments related to higher education compliance.

12:45 pm - 2:00 pm
	10A. Evaluating and Communicating the Effectiveness of Your Compliance Program
	Regular Session
	Room:
	Approaches to creating and delivering Board reports - including specific risks and assurance foci Gaining leadership's interest, motivation and buy-in for the compliance program - even during a global pandemic Discuss structures for leadership committees on compliance and risk management

	10B. 30 Years of the Clery Act: Looking Back and Moving Forward on a Critical Campus Safety and Consumer Protection Law
	Regular Session
	Room:
	The Clery Act turned 30 years old in 2020. In this fireside chat, insider Jim Moore and outside expert Joe Storch will engage in a wide-ranging discussion of all things Clery Act. What can we learn from the history of the Clery Act’s adoption and development over the last three decades? What is the significance of the Department of Education archiving the Clery Act Handbook and replacing it with an Appendix to the Financial Aid Handbook? What should we expect from the Biden Administration’s approach to the Clery Act and related obligations? What are the Department of Education’s Clery Act compliance goals and what can we learn from recent investigations and actions?

2:00 pm - 2:40 pm
	NETWORK3. Networking Lounge
	[none]
	Room:
	No specific agendas or topics. Just pure networking. Connect with your colleagues in these open zoom rooms.

	NETWORK4. Networking Lounge: Meet the Experts from Session 10A. Evaluating and Communicating the Effectiveness of Your Compliance Program
	[none]
	Room:
	Come ready to get your questions answered by experts on communicating the effectiveness of your compliance program

2:45 pm - 3:45 pm
	11. Are We Getting It Right? A Framework for Identifying and Measuring Your Compliance Program's Guiding Culture, Values, and Mission-Critical Aspects
	Regular Session
	Room:
	Learn how to successfully implement a culture and values-based approach to your compliance program Benefit from a case study of one institution’s journey to identify, measure, and recalibrate its compliance program to a values-based approach, through such question as: Why should institutions adopt a values-based compliance approach? How do institutions facilitate the conversations and identify the individuals that will facilitate the measurement of culture, values, and ethics across the institution? What tangible benefits to institutional culture and processes result from efforts to implement a values-based approach?

4:15 pm - 5:30 pm
	12. Investigations, Ethics, and Attorney-Client Privilege/Work Product Protections: Critical Record Management Considerations (Ethics Session)
	Regular Session
	Room:
	Please join us to discuss higher education investigations and the navigation of attorney-client privilege, work product protection, and ethical issues. Our team of seasoned counsel will discuss how to proactively navigate documentation and records management issues through the choppy and complex waters of internal fact-finding often followed by regulatory investigations, and civil litigation. We will address ethical and communications considerations through the lens of the following topics: the nature and conduct of internal investigations; the scope and structure of the review (including assigned personnel); and internal document management and effective investigative practices.