Lawyers New to Higher Education Online Course

The law of higher education is an expansive practice area, encompassing everything from aviation law to zoning law and everything in between.  Hundreds of federal laws and thousands of federal regulations govern college and university operations, in addition to state laws and System, board, and institutional policies.  On top of that, colleges and universities are unique institutions with distinctive legal considerations and customs.  Tenure, shared governance, academic freedom, FERPA, and student conduct, just to name a few, are concepts that are not found in the corporate setting but are central to college and university operations.

This online course, delivered by 27 NACUA member veterans, is designed for lawyers who are new to higher education.  Whether you have been practicing for 3 years or 20 years, the course will acquaint you to topics such as:

  • Faculty Issues
  • FERPA
  • Federal Anti-Discrimination Law
  • Athletics
  • Title IX and Sexual Misconduct
  • International Issues
  • College and University Contracts
  • The Clery Act
  • Student Conduct
  • Research Compliance

In addition to 15 recorded classes, in the fall registrants will also have the opportunity to attend live forums to "meet the experts" and ask live questions, build a NACUA network, and further explore higher education legal topics.

Who Should Participate?

This course is designed for NACUA member attorneys who are new to higher education law.  Based on historic data from past Lawyers New to Higher Education offerings, the typical registrant may have been practicing law in a different field before transitioning to higher education legal practice.

Course Schedule

Welcome and Practical Advice to New Campus Counsel

  • Welcome and brief overview of NACUA
    Brief overview of legal issues unique to higher education
    Practical advice on transitioning to the practice of higher education law
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Meet the Faculty

  • Faculty employment relationships: tenure, contracts, unionization
    Faculty duties, responsibilities, performance assessment and discipline
    Faculty speech: Academic Freedom, First Amendment
    The road ahead: approaching emerging developments
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The FUNdamentals of FUNdamental FERPA

  • 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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Meet the Regulators

  • Introduction to federal, state, and non-governmental regulators
    Key examples of regulatory oversight, including practical advice to navigate compliance audits, program reviews, and other regulatory enforcement activities
    Building a comprehensive compliance program that advances institutional mission and strategic priorities
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Federal Antidiscrimination Law

  • Addressing Harassment and Discrimination Matters in Higher Education (e.g., Title VI, Title VII, Title IX, ADA, Section 504)
    Sexual Violence and Discrimination
    Special Topics on Disability Law – Mental Health & FMLA/ADA
    Retaliation
    Diversity on Campus
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Wheels Up! – Navigating University International Programs

  • Understand different frameworks for evaluating international initiatives
    Review select U.S. and foreign law compliance issues and discuss recent trends and hot topics – e.g., international employment; foreign taxation; export controls; foreign influence; international student recruitment; online and remote learning; global data privacy; and international student health and safety concerns.
    Share unique contract terms, tips, and strategies to negotiate cross-border contracts
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College Athletics

  • NCAA structure and enforcement
    Athletics contracts
    Title IX and intercollegiate athletics
    Wages, benefits, and the use of name, image, and likeness
    Trending topics
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Campus Safety: the Clery Act and Beyond

  • Introduction to the Clery Act, including the history and objectives of the law
    Discussion of 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 policy disclosures
    Exploration of the Clery Handbook—What is it, how is it used in practice, and does it contain the answer to my question?
    Overview of enforcement actions, program reviews, and fines
    Overlap with campus safety issues such as threat assessment/response, CARE/BIT teams
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Title IX Sexual Harassment: the Basics and an Update

  • Current Practices under the 2020 Regulations
    The New Regulations: Implications and Next Steps
    Practical advice for campus counsel in adopting, revising, and administering sexual misconduct policies on campus
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Contract Administration

  • 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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Enterprise Risk Management and Insurance

  • Enterprise risk management in higher education
    An overview of risk management and insurance on campus
    Approaches for partnering cross-institutionally to balance risk and mission
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A Balancing Act: Key Issues in Navigating Student Conduct and Expression

  • Introduction to student conduct administration: legal issues and beyond
    The impact of current events and controversies on campus climate
    Addressing student disciplinary issues
    Speech codes, bias incidents, and harassment
    Upholding academic standards and professional decisions
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Disability Law

  • Academic accommodation issues in higher education context
    Animals on campus
    Threat to self and/or threat to others
    Leaves of absence and withdrawals
    Web accessibility
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Research Rhetoric: An Overview of University Research

  • Sponsored university research and related regulations and responsibilities
    Common research compliance issues and enforcement mechanisms
    Research security
    Intellectual property considerations
    Hot topics for counsel to know
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Ethical Advice for New Campus Counsel

  • 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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LIVE FORUMS

Meet the Experts Session #1

  • Monday, October 28, 2024, 2:00-3:15pm ET

Meet the Experts Session #2

  • Monday, November 4, 2024, 3:00-4:15pm ET

Networking Circles

  • Tuesday, November 19, 2024, 1:00-2:15pm ET

Capstone Course

  • Monday, December 9, 2024, 3:00-4:15pm ET

Instructors

About Online Courses

NACUA's online courses give participants in-depth coverage of important issues in the practice of higher education law. Each course features webinars that enable participants to ask questions to...

CLE Credit Information

You may be eligible to receive CLE credit for participating in a NACUA online course. MCLE credit is subject to each state's rules and regulations. States differ in their definition of "CLE"...

Frequently Asked Questions

This eight-week course contains narrated PowerPoint presentations (like pre-recorded virtual seminars), self-assessment quizzes, and reading assignments. In addition, this course...