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Saturday, June 22, 2019
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7:00 am - 8:00 am
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N5.
Continental Breakfast
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[none]
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Room: Capitol 4
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8:00 am - 8:10 am
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N2.
Welcome and Introduction to the Program
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[none]
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Room: Capitol 4
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8:10 am - 9:15 am
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01.
Practical Advice for New Campus Counsel and Discussion Circles
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Regular Session
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Room: Capitol 4
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- Brief overview of legal issues unique to higher education
- Brief overview of NACUA resources
- Practical advice on transitioning to the practice of higher education law
- Discussion circles, facilitated by long-time NACUA members, where you can meet NACUA colleagues, discuss challenging and exciting aspects of your job, and network with your peers
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9:15 am - 9:30 am
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B1.
Refreshment Break
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[none]
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Room: Capitol Foyer
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9:30 am - 10:45 am
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02.
An Introduction to the Higher Education Counsel’s Office: Ethical Issues
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Regular Session
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Room: Capitol 1-3
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- General principles of ethics for college and university attorneys
- Representing an institutional client – ethical issues and practical strategies
- Attorney-client privilege – elements, exceptions, and waivers
- Special challenges taking on non-legal roles
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10:45 am - 11:00 am
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B2.
Refreshment Break
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[none]
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Room: Capitol Foyer
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11:00 am - 12:15 pm
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03.
Fun with FERPA
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Regular Session
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Room: Capitol 1-3
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- An overview of the FERPA framework and its key definitions
- The principal disclosure exceptions
- The often forgotten “inspect and review” and “seek amendment” rights
- Saving the best for last: FERPA’s enforcement mechanism
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12:15 pm - 2:00 pm
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N3.
Networking Lunch
Sponsored by Drinker Biddle & Reath LLP
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[none]
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Room: Capitol 4
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2:00 pm - 3:15 pm
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04A.
College Athletics
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Regular Session
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Room: Capitol 5-7
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- NCAA structure and enforcement
- Athletics contracts
- Title IX and intercollegiate athletics
- Trending topics
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04B.
An Introduction to Student Disciplinary Issues: Preventing and Litigating Legal Challenges to the Discipline and Grading of Students
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Regular Session
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Room: Capitol 1-3
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- Explanation of academic vs. conduct matters, including public-private distinctions
- Litigation arising from student discipline and academic decisions
- Special topics including sexual and relationship violence, students with disabilities, and conduct matters in housing and student activities
- Practical tips for policy development and implementation
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3:15 pm - 3:30 pm
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B3.
Refreshment Break
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[none]
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Room: Capitol Foyer
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3:30 pm - 4:45 pm
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05.
Introduction to Sexual Misconduct Issues: Title IX and the Clery Act
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Regular Session
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Room: Capitol 1-3
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- The Department of Education’s Notice of Proposed Rulemaking on Title IX: Status and Implications for Practice
- The intersection of the Clery regulations, VAWA, and Title IX
- Practical advice for campus counsel in adopting, revising, and administering sexual misconduct policies on campus
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4:45 pm - 5:00 pm
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B4.
Refreshment Break
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[none]
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Room: Capitol Foyer
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5:00 pm - 5:30 pm
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06A.
Contract Administration (Microsession)
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Regular Session
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Room: Capitol 5-7
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- Unique issues related to contract administration on college and university campuses
- The role of counsel in contract administration
- Who is entering into contracts at your university? Signature authority and policies related to contract administration
- Key contractual provisions
- Practical take-aways related to contract review
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06B.
Quickly and Clearly Clery: Introduction to the Campus Crime Reporting Law (Microsession)
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Regular Session
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Room: Capitol 1-3
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- This session will introduce the Clery Act to lawyers new to higher education, including the history (and legislative purpose), developments along the way, enforcement, and more.
- Participants will be at least preliminarily introduced to the main components of Clery compliance, including reporting and disclosure of crime statistics in the ASR, the crime log, timely warnings and emergency notifications, and the fire log.
- Participants will start to become familiar with the Clery Handbook--what is it, how is it used in practice, and does it contain the answer to my question?
- Attendees will learn about the risks associated with Clery compliance through discussions about recent program reviews and fines.
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5:30 pm - 6:30 pm
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N4.
Lawyers New to Higher Education Workshop Networking Reception
Sponsored by Ogletree Deakins
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[none]
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Room: Capitol Foyer
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Sunday, June 23, 2019
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7:45 am - 8:45 am
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N1.
Continental Breakfast
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[none]
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Room: Capitol 4
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8:45 am - 10:00 am
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07A.
Application of Federal Anti-Discrimination Law to Colleges and Universities
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Regular Session
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Room: Capitol 1-3
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- Racial discrimination and harassment (Title VI)
- Free speech, diversity, and inclusion
- Sex discrimination, sexual harassment, and transgender legal issues (Title IX)
- Religious freedom
- Disability discrimination
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07B.
Research Compliance, Intellectual Property, and Technology Transfer
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Regular Session
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Room: Capitol 5-7
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- Federally sponsored university research: the regulatory regime
- Compliance: common financial, administrative, and scientific/bioethics compliance issues in sponsored research
- Intellectual property: ownership and use of employee, student and third party IP
- Tech transfer: considerations for innovation and commercialization
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10:00 am - 10:15 am
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B5.
Refreshment Break
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[none]
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Room: Capitol Foyer
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10:15 am - 11:30 am
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08.
Meet the Faculty
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Regular Session
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Room: Capitol 1-3
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- Faculty tenure
- Faculty performance management and discipline
- Academic Freedom/ First Amendment: Garcetti v. Ceballos
- Practical issues/concerns
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11:30 am - 12:45 pm
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N6.
Networking Lunch for New Members and First-Time Attendees
Sponsored by Akerman LLP
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[none]
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Room: Capitol 4
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All Lawyers New to Higher Education Workshop attendees are invited to join and network with NACUA leaders as well as fellow new colleagues.
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