National Conference on Law Higher Education
Peter F. Lake “Spirit of the Law” Award
A new annual award named for an influential Stetson Law professor will reward students who go above and beyond in the field of higher education law and policy.
In Fall 2022 the Stetson Law community celebrated the full endowment of the award, the Peter F. Lake “Spirit of the Law” Endowed Annual Award.
Each year, the award will be given to a graduating Stetson Law student who has dedicated time and service to the advancement of higher education law and policy and who has exemplified the “spirit of the law” by promoting development of character, competence, and access to the law.
Nearly a dozen alumni and other members of the higher education community helped endow the award.
Among key contributors was alumnus and this year’s Honorary Conference Co-chair, Jim Haggerty, J.D. ’92, who has known and worked with Lake for many years. He said naming a scholarship after Lake is the perfect way to recognize his contributions.
“Professor Lake epitomizes everything that is good about Stetson Law – that unique combination of the academic and the practical,” Haggerty said of Lake. “He thinks about both what the law is and what it should be. His reputation in higher education circles is well-deserved.”
Would you like to donate?
Interested members of the higher education community can contribute a gift to this fund by visiting the Stetson Law donation page and specifying that they’d like to give to the Peter F. Lake “Spirit of the Law” Award.
Conference Information
Registration Desk
The registration desk will be open during the following times for check-in and materials pickup:
Thursday, March 2
Friday, March 3
Saturday, March 4
Sunday, March 5
7:30 a.m. – 5:00 p.m.
7:30 a.m. – 5:00 p.m.
7:30 a.m. – 5:00 p.m.
7:30 a.m. – 5:00 p.m.
You will only sign in once to pick up your materials and name badge for the entire conference.
Those attending the post-conference session on Monday, March 6th (separate registration required), will need to check in on the third floor conference level near Sandpiper I/II. Check in begins at 7:30 a.m.
Name Badge
Attendees—wear your name badge to all sessions and conference events. Name badges are required for admittance to all conference events. Badges are available for pickup at registration.
Conference Leadership
Peter Lake, Director
Conference Chair
Professor of Law
Charles A. Dana Chair and Director
Center for Excellence in Higher Education Law and Policy
Grace Moseley
Center Coordinator
Center for Excellence in Higher Education Law & Policy
Wyndham Grand Clearwater Beach
100 Coronado Drive, Clearwater Beach, Florida 33767 (727) 401-3600 | wyndhamgrandclearwater.com
Hotel Amenities
• Concierge
• 24-hour room service
• Fitness center with weightlifting equipment, outdoor heated pool, and spa
• High speed internet access, copy service, wake-up calls, dry cleaning, laundry/valet, hospitality room, multilingual staff, and 24-hour security
Things to do in the area (less than 20 miles away)
• Pier 60 and Beach Walk Promenade
• Clearwater Beach Marina
• Clearwater Marine Aquarium
• Ruth Eckerd Hall (Clearwater)
• Westfield Countryside Mall (Clearwater)
• Tarpon Springs Sponge Docks (Tarpon Springs)
• The Dali Museum and Chihuly Collection (St. Petersburg)
Visit visitstpeteclearwater.com for additional information
Stetson University College of Law | stetson.edu/law
Stetson University College of Law, Florida’s first law school, has prepared lawyers and leaders since 1900. Today, Stetson leads the nation in blending legal doctrine with practical training, evidenced by its top-ranked programs in advocacy and legal writing. Through our academically rigorous curriculum and commitment to social responsibility, Stetson lawyers are ethical advocates ready to succeed in the legal profession.
James Haggerty
Conference Honorary Co-Chair
President and CEO
PRCG | Haggerty LLC
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National Conference on Law Higher Education
WEDNESDAY, MARCH 1ST
5:00 p.m. – 8:00 p.m. (Hotel Lobby)
Welcome: Meet Your Fellow Attendees, Speakers, and Conference Hosts
THURSDAY, MARCH 2ND
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:00 a.m. (Dunes I/II)
New Attendee Orientation: Welcome to the Beach!
Presenters: Jahanna Azarian and Timothy Kessler-Cleary
Welcome to the 44th Annual National Conference on Law & Higher Education. The National Conference on Law & Higher Education is a unique, interdisciplinary experience. The Conference brings together professionals from a variety of fields—with a common goal to advance American higher education. Join conference veterans Jahanna Azarian and Timothy Kessler-Cleary for a “crash course” on how to optimize your experience at the conference. Get inside tips for navigating the robust series of workshops and presentations offered at this year’s event. You will also have the opportunity to get to know fellow new attendees and expand your professional network.
9:00 a.m. – 10:00 a.m. (Dunes IV/V)
Showing Your Work: Records Requests as Opportunities, Not Just Obligations
Presenters: Adam Hark and Shalin Shah
Almost any decision is ripe for scrutiny; records requests are an inevitability. Though often feared, misunderstood, or regarded as a burden, producing documentation of an institution’s work can be more than mere obligatory compliance. When done well, responding to a records request is an opportunity to showcase institutional strengths. As a provider of records management software to more than 1300 colleges and universities nationwide, Maxient’s staff regularly supports student affairs work, Title IX, legal counsel, and other key stakeholders. In this session your facilitators, both from Maxient, will consider some of the most common scenarios where records are sought—background checks, public records requests, subpoenas, investigations, and audits. Participants will be guided to examine common institutional record keeping practices in place before a request comes in, what bodes well, and what might be done better. Be better positioned to respond to the next such request!
10:15 a.m. – 11:45 a.m. (Pelican)
Utilizing Externships & Clinics on Campus to Teach Reflection and Foster Professional Identity
Presenters: Christine Cerniglia
Clinics and externships allow students opportunities to explore and learn through experiential education. The
structure of each externship/clinical experience requires thoughtfulness around two fundamental learning objectives: developing deep reflection skills and a student’s professional identity. Professor Cerniglia will discuss their “guide on the side” approach to coach students through their professional development. Intentional instruction on the skill of deep reflection provides a foundation for students to become more self-directed in learning. This session will first provide an overview of externship and clinic courses—with emphasis on courses offered in a legal curriculum—as well as a quick overview of common compliance and policy concerns related to clinics and externships. Professor Cerniglia will also provide teaching resources related to the development of professional identity and skills of deep reflection.
10:15 a.m. – 11:45 a.m. / 1:30 p.m. – 4:45 p.m. (Dunes I/II)
DAY-LONG TITLE IX BOOTCAMP:
Preparing for More Title IX Change: A Little Planning Goes a Long Way
Presenters: Jody Shipper and Chantelle Cleary Botticelli
Yes, change is coming. Again, sigh….Your facilitators will help you see that this is a point of inflection and reflection; an opportunity to look at your current practices and ensure you are using promising and emerging practices. This is also an opportunity for validation of your commitment to Title IX. Your facilitators will help you also see the best of what you are doing now. Join Title IX’s leading practitioners Jody Shipper and Chantelle Cleary Botticelli for a Title IX Bootcamp to help your campus get #ReadyForTheRegs.
Here is an outline of your Bootcamp experience:
a. Your Definitions Define Your Community
How are you distinguishing between sexual misconduct covered by the current regulations and that which is not? How will those definitions need to shift once the new regulations come into effect? Let’s discuss the defining characteristics of sexual harassment and hostile environment, and why you will want to rethink them under the new Biden regulations.
b. Investigations Now and Investigations to Come Let’s review promising and emerging practices within the scope of the current Title IX restrictions, and when handing sexual misconduct cases falling outside the scope of the current regulations. How will campuses need to adjust practices once the new regulations are issued?
c. The Future of Hearings
Are live hearings still alive? We will consider the intersection of the proposed new regulations and other federal/state legal mandates.
d. Reshaping your Campus Offices
What will the new Title IX office look like? Will it cover only the sexual misconduct as defined today, or will its mission expand? And what would be some of the plusses and minuses in broadening the scope of your Title IX Coordinator’s duties and jurisdiction?
11:45 a.m. – 1:15 p.m. (Dunes III)
WELCOME AND KEYNOTE LUNCHEON
Opening Remarks: Christopher Roellke, President, Stetson University
Keynote Speaker: Frank Spano, Director of Education Security Services, Allied Universal
1:30 p.m. – 4:45 p.m. (Dunes I/II)
DAY-LONG TITLE IX BOOTCAMP: Preparing for More Title IX Change: A Little Planning Goes a Long Way (Continued from the morning.)
1:30 p.m. – 3:00 p.m. (Dunes IV/V)
Fraternal Law Update
Presenters: Micah E. Kamrass
This session will explore the complicated legal relationships between universities and fraternities and sororities. This will include discussion of relationship agreements, Title IX, hazing, and due process in student conduct. Through this lens, the session will examine why certain universities and certain fraternities and sororities are choosing to sever their formal relationships with each other, and what that could mean for the future of Greek Life.
2:00 p.m. – 5:00 p.m. (Pelican)
Florida Individual Freedom Act: Implications for K-16 Education
Presenters: Nathan Adams, Marylin Batista, Karen Chastain, David D’Agata, and Glen Stewart
This special session highlighting the Florida Individual Freedom Act’s (IFA) impact on K-16 education is sponsored jointly with the Florida Bar Education Law Committee. The focus is on K-12 but higher education professionals will find this session of interest. Panelists include lawyers with decades of experience serving Florida educational institutions and leaders in the K-12 and post-secondary educational arenas. Panelists will present on and partake in interactive discussion about the legal and other implications of IFA. Inter alia, panelists will consider IFA’s interrelation with the Florida Civil Rights Act, the Florida Educational Equity Act, public educational programming, professional development programming, codes of ethics and professional standards applicable to K-12 and post-secondary personnel and institutions in the State of Florida—knowledge of which is vital to policy makers, administrators, and legal counsel who serve educational personnel and institutions throughout Florida and in those states where similar legislation may be introduced.
3:15 p.m. – 4:45 p.m. (Dunes IV/V)
Keeping Your Head on a Swivel—Title IXRelated Compliance Mandates are Coming from Everywhere!
Presenters: Donna Smith and Jacob Sapp Join Donna Smith and Jacob Sapp for an overview of Title IX compliance focused on legal authorities outside of traditional Title IX litigation in the federal court system. This session will survey how the various powers that be, including state legislatures and courts, the Department of
Education’s Office for Civil Rights, and others, have recently taken action to regulate schools’ policies and responses concerning sex-based discrimination. Did you know that one state court has held that failure to provide fair process…is potentially tortious?! Your session leaders will help you learn about what developments might have slipped past your radar, including litigation and regulatory outcomes from Title IXadjacent cases. This intensely practical session will help you return to campus to guide your institution’s decision-makers— and you!
FRIDAY, MARCH 3RD
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:15 a.m. (Dunes I/II)
Practical Advice on Title IX Decision-Making from Decision-Makers Forged in the Fire of the 2020 Amendments
Presenters: Jody Shipper and Melissa Carleton
Two highly seasoned (yet very down to Earth) Title IX hearing officers—who prefer “Jody” and “Melissa”—share their experiences working with public and private institutions across the country under the 2020 regulations. Jody and Melissa will share best practices for addressing hypothetical situations involving evidentiary issues, surprising testimony, managing advisor expectations, and more. Participants will enjoy the tone and content of this ‘let’s learn together’ session, especially if participants have experienced ‘my way or the highway’ trainings in the past!
9:00 a.m. – 10:30 a.m. (Egret)
Authorship, Ownership, and Plagiarism in the Era of ChatGPT
Presenter: Dean Jacob Rooksby
This session, intended for those new to or unfamiliar with intellectual property (IP), will help you understand the questions you should be asking today in order to avoid intellectual problems tomorrow. Our expert presenter is highly sought after for his profound technical knowledge and uncanny ability to convey his wisdom to individuals who do not have his expertise and experience. Dean Rooksby will give special attention to the rise of artificial intelligence and protecting academic integrity.
9:00 a.m. – 11:45 a.m. (Pelican)
Cyber Incident Response Workshop: Table Top Simulation
Presenters: Paul Greene and Daniel Altieri
You have been cyber-attacked—chaos ensues!
Not if you are prepared….
The ever-present danger of ransomware incidents, phishing attacks, and hacking demand strong preparation practices. It is difficult to prepare for incident response in a vacuum, however, as many incidents involve issues that an institution
National Conference on Law Higher Education
may be seeing for the first time. This workshop demystifies the incident response process in higher education with a series of real-world scenarios, engaging participants in realistic real-time discussion. The workshop will address important issues such as Incident Response Plan structure and content, insurance concerns, communications strategies, and best practices for leveraging necessary stakeholders. The workshop will also address preservation of the attorney-client privilege, and engagement of expert third-party support. The goal of the workshop is to provide participants with tested strategies and experience for promoting and informing incident response planning at their institutions.
9:00 a.m. – 11:45 a.m. / 2:00 p.m. – 4:45 p.m. (Dunes IV/V)
DAY-LONG CERTIFICATE PROGRAM: Title IX Investigator Training
Presenters: Jennifer Hammat and Kyle Griffis
This session is intended for Title IX coordinators, investigators, and any administrators who will be called upon to conduct a Title IX investigation (or for those to whom the Title IX coordinator reports). Training facilitators will cover how to prepare outreach documents, investigation interview orders, how to gather “the universe of information,” and how to navigate the latest regulatory mandates. Additionally, session facilitators will discuss the importance of framing and constructing a solid investigation report to provide the decision-maker with all that they need to have a compliant, and successful, hearing. This session will feature vibrant and lively discussion. A certificate of completion for this training will be available at the end of the session.
10:30 a.m. – 11:45 a.m. (Dunes I/II)
The Diversity Dilemma: The Potential Impact of the Supreme Court’s Upcoming Admission Decisions
Presenter: President Jonathan Alger
Sometime within the next few months, the U.S. Supreme Court will issue decisions in challenges to race-conscious admissions programs at a public (North Carolina) and private (Harvard) university. Given the Court’s current composition and recent track record, there is wide speculation that it will overturn decades of precedent and forbid the consideration of race to achieve a diverse student body. Led by a president who formerly served as part of the University of Michigan’s legal team in its landmark affirmative action cases 20 years ago, this session will explore the possible outcomes of these cases, as well as the ramifications for diversity-related policies and programs in admissions, financial aid, outreach and recruitment, etc. At a time when the culture wars in higher education are heating up once again, this session will explore possible strategies to pursue diversity and inclusion no matter what the outcome of these cases.
10:45 a.m. – 12:00 p.m. (Egret)
In the Spotlight: Student Safety Abroad
Presenters: Elizabeth Brenner and Ros Thackurdeen
Moderator: David Rowe
Contributor: Timothy Kessler-Cleary
Up until the pandemic, education abroad enjoyed year-overyear growth, even as some safety advocates pointed to the lack of death and injury data collection and transparency. With Covid moving into the rearview, industry growth seems sure to resume—but will the field otherwise change? Join Dr. David Rowe as he interviews the co-founders of Protect Students Abroad, Elizabeth Brenner and Roshni Thackurdeen, and Timothy Kessler-Cleary of Caldwell University about their work to improve student travel safety. Journalist and moviemaker Robyn Symon will be filming for the upcoming documentary “Study Abroad: Trip of a Lifetime.” Toward the end of the session, Robyn will show a short trailer and answer questions.
12:00 p.m. – 1:30 p.m. (Dunes III)
KEYNOTE LUNCH
Presenter: Rhea Law, President, University of South Florida
2:00 p.m. – 4:45 p.m. (Dunes IV/V)
DAY-LONG CERTIFICATE PROGRAM: Title IX
Investigator Training (Continued from the morning.)
2:00 p.m. – 3:30 p.m. (Dunes I/II)
University Leadership Panel Discussion
Presenters: President Jonathan Alger, President Rhea Law, Fredrick Lawrence, and Dean Jacob Rooksby
Moderator/ Contributor: David Rowe
Attendees clamor for an opportunity to hear directly from higher education’s most senior leaders on the issues that keep them up at night—and even more so their vision for the future of the field. Are we at a historic inflection point in higher education? What makes a great leader in these challenging times? Please join our esteemed panelists for a lively and informative discussion of how to navigate higher education through turbulent and exciting times.
2:00 p.m. – 3:15 p.m. (Pelican)
Campus Safety Session on Promising Practice and Prevention: The Role of the Modern Campus Security Officer
Presenters: Frank Spano and Francisco “Cisco” Ortiz Campuses face countless threats, risks, and challenges. Some models for campus public safety are woefully outdated and inadequate for this new, ever more complex security environment. Join Stetson University’s Francisco “Cisco” Ortiz and Allied Universal’s Frank Spano for an interactive discussion on promising practices and compliance mandates in developing a truly communitycentered public safety program.
Key takeaways and discussion points will include public safety’s role as a community engagement capability multiplier; best practices in ambassador or concierge-style security; overcoming “silos” to provide a truly integrated student and campus experience; and contemporary
standards to mitigate risk and maximize positive impact in the face of increasing crime, a rising campus mental health crisis, budgetary challenges, and an increasingly competitive—often, enrollment-driven—environment.
2:00 p.m. – 3:45 p.m. (Egret)
THE NEW LANDSCAPE FOR STUDENT WELLBEING: How Prioritizing Safety, Health, and Inclusion Improves Student and Institutional Outcomes
Presenter: Kimberley Timpf
Many college officials believed that the 2020-21 academic year was an outlier in enrollment and retention and that once the pandemic was in the rear-view mirror numbers would return to their historical form. Even in instances where that was true, retention and graduation rates in higher education as a whole were flat before the pandemic, and many institutions were struggling to recruit and retain underrepresented students who, in the coming years, will make up a larger proportion of the student body.
Using these demographic and generational shifts as a backdrop, this session will provide data demonstrating how a commitment to safety, well-being, and inclusion can drive outcomes on higher education’s greatest challenges—from enrollment and academic performance to retention and career readiness. The presenter will discuss how investing in a culture of social-emotional wellness is both the right move and the smart move for colleges and universities.
3:30 p.m. – 4:45 p.m. (Pelican)
New Professionals, the Higher Education Workplace, and the Latest Iteration of the Supreme Court: How New and Emerging Professionals Can Navigate This Era in Higher Education Law and Policy and Supreme Court
Religious Liberty Jurisprudence
Presenters: Blaze Bowers and Joy Mosley
This session will explore the new law and policy developments—and challenges—for new and emerging higher education professionals. It is a new era at the Supreme Court. The practice of higher education has evolved dramatically in the last few years. A changed Supreme Court, rapidly evolving religious and civil liberty law, shifting employee expectations, and new student demands/needs create a higher education ecosystem promising opportunities for those entering the field—but also prognosticating the need for innovation.
Notably, the Supreme Court has moved in a direction increasingly focused on religious liberty—and issues that impact both sectarian and non-sectarian institutions. The Court’s inclination to address matters related to religion and civil liberties mandates new responsive practices by higher education practitioners at all levels. New professionals will need to be boots-on-the-ground ready for changes in the law that are not familiar to seasoned professionals from their prior work. A new generation of higher education professionals arrives just in time for 21st Century higher education law and policy.
SATURDAY, MARCH 4TH
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:30 a.m. (Dunes I/II)
Pregnancy and Students: Supporting Pregnant Students, and the Laws That May Apply
Presenters: Jody Shipper and Crystal Coombes
The changing landscape of student disabilities and conditions often impacts the application of Title IX and ADA intervention processes. Pregnancy, under certain circumstances, can implicate both processes, creating situations ripe for miscommunication and misapplication of either or both processes. The coordination of efforts between Title IX and Student Accessibility/Disability offices when addressing a pregnant student’s request for assistance is key to successfully resolving concerns before they rise to the level of conflict and complaint. Compliance with pregnancy protections is a signature issue of current DOE enforcement: this will be a cannot-miss session for many conference participants.
9:00 a.m. – 11:00 a.m. (Dunes IV/V)
Data Protection and Management in Higher Education—Beyond FERPA
Presenters: Melissa Carleton and Paul Greene
Few areas of the law have been as dynamic as data protection. Higher education institutions now face increasing compliance burdens in the protection of their IT systems and precious data. FERPA compliance is simply a starting point. State-level and international privacy and security regimes have taken aim at the types of data that a higher education institution processes, but many institutions risk ‘regulatory myopia’—focusing on their primary regulators to the detriment of others. This session will discuss and analyze the roles of ‘data protection regimes’. Myths and misunderstandings abound: here participants will receive understandable information on practical approaches on how to balance ever increasing compliance obligations in the data protection space.
9:00 a.m. – 10:30 a.m. (Pelican) Employment Law Update
Presenters: Dean Oren Griffin and Susan Deniker
Employment law issues in higher education continue to evolve at a breakneck pace. Two gifted higher education employment leaders return to the conference this year to share their knowledge. Relying upon vast courtroom and decanal experience, they will discuss significant and relevant updates in employment law over the last year. Every higher education institution needs to know how to survive the endemic risks in this area. The list of topics that will be covered is lengthy—free speech, discrimination, wage and hour rules, faculty contract issues, and more.
National Conference on Law Higher Education
10:45 a.m. – 12:00 p.m. (Dunes I/II)
Freedom of Speech Issues on Campus
Presenters: William Thro, Neal Hutchens, and Tyler Coward
This session will present an overview of freedom of speech issues on campus. The session includes some basics but will feature a high-level discussion of cases and trends. Specifically, presenters will explore the implications of the Supreme Court’s recent cases as well as potential implications for cases being argued this Term or possibly being heard next Term. The panelists include a representative of FIRE, a public university General Counsel, and one of America’s distinguished scholars on the intersection of the First Amendment and higher education. [We are proud to note that two of the panelists are recipients of the William A. Kaplin Award—and the third, with a distinguished career, may be a nominee in future years!]
10:45 a.m. – 12:00 p.m. (Pelican)
Inside the Beltway: Legislation & Regulation Update
Presenters: John Przypyszny and Jonathan Tarnow
This session will review major regulatory and policy developments going into the second year of the Biden presidency and a sharply divided Congress, including U.S. Department of Education rulemakings focused on student loan relief, institutional accountability and federal student aid certification requirements, other federal agency actions impacting higher education institutions and students, and emerging trends in state postsecondary authorization and accreditation.
10:45 a.m. – 12:00 p.m. (Egret)
Title VII and Title XI: Venn Diagram or Parallel Universe?
Presenter: Julia Green and Allana Forté
Both Title VII and Title XI require higher education institutions to respond to allegations of sex discrimination involving employees, but how exactly do we know which one governs the response—or both? This session will step through the differences between the statutes and associated response and process obligations, including practical advice about how to ensure compliance with each or both as indicated by different situations. Your presenters will also preview changes the proposed Title IX regulations may bring to this area.
12:00 p.m. – 2:30 p.m. (Dunes III)
AWARDS LUNCHEON AND CRYSTAL BALL PANEL
Presenters: Melissa Carleton, Adam Hark, Peter Lake, Thomas Major, Dean Jacob Rooksby, Jody Shipper, Frank Spano, William Thro, Kimberley Timpf, and Julian Williams
Moderator/ Contributor: James Haggerty
The 2023 winners of the Facilitator Award and the William A. Kaplin Award will be announced. The award presentation will be immediately followed by the famous Crystal Ball Panel! Join our panel of visionaries as they
take a mostly serious, but sometimes fun, look into the future of higher education law and policy. There may be an appearance from futurist “Whammo—the Magnificent,” although in the future nothing is certain.
2:45 p.m. – 4:00 p.m. (Egret)
Book Talk: The Constitution on Campus
Presenter: William Thro
William Thro, one of the co-authors of The Constitution on Campus: A Guide to Liberty & Equality in Higher Education (Rowman & Littlefield 2022), will present an overview of the book and answer questions about it. In particular, this special presentation will emphasize the Supreme Court’s reformation of the Religion Clauses.
2:45 p.m. – 4:15 p.m. (Pelican)
Program Closure? Merger or Acquisition? The Growing Need for Strategic Alliances in Higher Education
Presenters: Daan Braveman and Joseph Casion
Institutions of higher education are facing disruptive forces that are challenging long-held traditions and what many considered as “norms” for day-to-day operations. As a result, industry experts are expecting a record number of institutions to fail by the end of the decade. To prevent failure and pre-empt decision-making in crisis, these institutions should consider strategic alliances that may include shared administrative services, sharded academic programs, and even consolidation with another institution. This session will explore various aspects of such affiliations, including the various legal structures that might enable institutions to align in a manner that preserves the mission and cultures of the participating schools.
2:45 p.m. – 4:30 p.m. (Dunes I/II)
Balancing Legal and Political Challenges to DEI in Higher Education with Institutional Commitments and Expectations
Presenters: Julian Williams, Carmen Johnson, and Allana Forté
The higher education industry is experiencing increasing scrutiny of diversity, equity, and inclusion (DEI) concepts in curricula and teaching methods, student engagement and retention efforts, and other institutional trainings and initiatives. As state and federal laws evolve, how do education practitioners and counsel best support their institutions and campus constituencies in this ever-changing landscape? How will we manage vague, evolving or even conflicting mandates at federal and state levels? How do various academic freedom policies enter the conversation? Will what is known as DEI work today come to be known under other identifiers? Participants will receive an overview of the growing challenges to DEI concepts in higher education, analyze some of the impacts on institutional outcomes and commitments, and explore practical strategies to best support the diverse array of students and employees given the varying degrees of scrutiny and regulation.
2:45 p.m. – 4:45 p.m. (Dunes IV/V)
Section 504 at 50: The Changing Lens of Academic Accommodations
Presenter: Laura Rothstein and Crystal Coombes
The last decade has brought significant changes to higher education that have major impacts on disability discrimination law in higher education. This presentation will focus on today’s key issues and provide a framework for what must be done (legal requirements), what can be done (beyond what may be legally mandated), and what should be done (to ensure fairness and balance in the face of shrinking resources). Specific focus will be on emerging issues such as mental health, neurodiversity, documentation of disabilities, attendance as an essential function, technology, and Covid-19 related issues. (It will be helpful for participants to have a basic level of knowledge of Section 504 and the ADA for this session, although the panelists are well-known and highly welcoming instructors in the field.) The great successes of disability laws have translated into increasing numbers of students entering college with both observable and nonobservable disabilities or conditions under ADA and Section 504. These students have been exposed to universal design, and received a wide array of accommodations. Students arrive in higher education with great expectations of a postableist learning environment. Are higher education institutions ready for universal design in the classroom—and greater accommodations beyond the classroom?
6:00 p.m.
Sunset Celebration at the Beach
Florida Gulf Coast sunsets are the best! Kick off your shoes and join us at the beach for a musical Sunset Celebration! (Weather permitting.)
SUNDAY, MARCH 5TH
7:30 a.m. – 5:00 p.m. | Registration (Dunes Foyer)
8:00 a.m. – 9:00 a.m. | Continental Breakfast (Dunes Foyer)
9:00 a.m. – 10:15 a.m. (Dunes I/II)
Supportive Measures, Accommodations, or Remedies? Where is the line?
Presenters: Jody Shipper and Crystal Coombes
A student in a Title IX process requests extra academic support. Is this a supportive measure? An accommodation? Might it be a remedy? Do you know why these labels matter? There are significant differences in process, paperwork, and determining who has authority for making determinations about each of these; and it is important to understand the differences among them. Come join the presenters to learn more about the importance of being precise in the application of interventions and language used to describe those interventions.
9:00 a.m. – 11:45 a.m. (Dunes IV/V)
Title IX Litigation Update
Presenters: Julia Green and Jacob Sapp
Join our speakers for an in-depth review of Title IX litigation in the federal court system over the past year. This presentation will cover the basics of Title IX lawsuits and the traditional causes of action that are brought against institutions of higher education. The speakers will also explore some of the more recent (and more polarizing) developing causes of action. The focus for this session is to provide administrators and attorneys with helpful ‘in-the-trenches’ takeaways based on how courts are structuring Title IX compliance.
9:00 a.m. – 10:30 a.m. (Pelican)
NCAA Update
Presenters: Scott Bearby and James Haggerty
The world of intercollegiate athletics has never been more unsettled, with issues of student-athlete status, compensation and governance making news every day. Join NCAA General Counsel Scott Bearby and attorney and communications consultant James Haggerty of PRCG | Sports as they review the latest changes from both legal and public perception perspectives.
10:45 a.m. – 11:45 a.m. (Dunes I/II)
Creating and Sustaining a Campus Community of Care to Support College Student Mental Health and Well-Being: Implications for Policy and Practice
Presenters: John Dunkle and Jennifer Hammat
The mental health of students has been and continues to be one of the top priorities of college and university presidents and other senior administrators. The general consensus is that there is no one way or single solution to address the layered and nuanced issues in supporting students’ mental health and well-being. To tackle these issues, it takes a village, wherein all campus community members can and must play a role. How this happens on each campus is easier said than done and requires constant vigilance and adjustments. Creating and sustaining a community of care is critical, and the presenters for this session will share some opportunities, and challenges, in achieving this goal based on their many years of experience working on college campuses as a counseling center mental health professional and a student affairs administrator. They will discuss what a community of care may look like and implications for policies and practices. They will also integrate case examples to enrich the discussion. A central pillar for the success of the community of care is the development of collaborative, trusting, and mutually respectful relationships among members of the campus. A commitment to a community of care increases the likelihood of a greater sense of belonging, safety, and, in the end, it contributes to student success and persistence in achieving their academic aspirations.
12:00 p.m. – 1:45 p.m. (Dunes III)
KEYNOTE LUNCHEON: “From My Road Tour of Campus Visits: Current Trends, Challenges, and Promising Practices in College Student Mental Health”
National Conference on Law Higher Education
Presenter: John Dunkle
The Jed Foundation (JED) is a non-profit organization that protects emotional health and prevents suicide among our nation’s teens and young adults. The signature program, JED Campus, involves JED working with and supporting over 400 campuses and almost five million students nationwide by shepherding campus teams through a strategic planning process based on the JED Comprehensive Public Health Framework. The ultimate goal is that campuses will build upon on and improve their programs, services, and policies around mental health and suicide prevention. Over the course of his tenure at JED, Dr. Dunkle has visited (either virtually or in-person) over 50 schools in their JED Campus journey. He will highlight current trends, challenges, and promising practices in college student mental health based on his observations from his road tour of campus visits. He will also draw from other national clinical and non-clinical data sources on college student mental health to enrich the presentation. Finally, he will also provide an overview of the JED Public Health Comprehensive Framework.
2:00 p.m. – 3:30 p.m. (Pelican)
Defining Opportunities: Mental Health Supports for Today’s Students
Presenters: Thomas Major and Zainab Okolo
Campus-wide mental health support for today’s postsecondary learners is urgently needed, and the needs— and opportunities—facing individual campuses vary greatly. In this session Zainab Okolo, Strategy Officer for Student Success at Lumina Foundation, and Thomas Major, Jr., Associate General Counsel for Lumina, will present an overview of the foundation’s approach to supporting mentally healthy campuses. After establishing a basic conceptual framework for the session, Dr. Okolo and Mr. Major will identify five key opportunities for campus administrators. Throughout the session the presenters also will reflect on ways that campus lawyers can use their unique perspective and role to help their campus proactively implement “student-ready” mental health policies and practices.
2:00 p.m. – 3:30 p.m. (Dunes I/II)
Responding to Risk: Best Practices of Crisis Management
Presenters: James Haggerty, Gene Deisinger, and Jean Demchak
Recent events have once again reinforced the central role of crisis management in higher education. This session will focus on incident response, crisis communications and will feature a lively discussion covering Clery, FERPA, notification issues and crisis planning and response.
2:00 p.m. – 4:00 p.m. (Dunes IV/V)
Conducting Effective Informal Resolutions in Title IX
Presenters: Melissa Carleton, Nathan Perry, and Russ Froman
Three experienced informal resolution facilitators will
discuss the legal underpinnings of strong informal processes in the context of Title IX—and why an institution considering whether to use such processes might do so. The key is to develop informal resolution process that fit your campus culture and resourcing. Participants will learn about ways to facilitate reaching agreements that will be supportive of the impacted individuals and that are enforceable/manageable by the institution.
MONDAY, MARCH 6TH
Post Conference Workshop: Separate Registration Required
7:30 a.m. – 12:30 p.m. | Registration (Third Floor Foyer)
8:00 a.m. – 9:00 a.m. | Breakfast (Third Floor Foyer)
9:00 a.m. – 12:30 p.m. (Sandpiper I/II)
From Evidence Through Appeals: Working Through the Tough Stuff
Presenters: Jody Shipper and Dr. Cherie Scricca
Join your facilitators for a practical Title IX workshop to learn how to wrangle with ‘tough stuff’: get it right on credibility, reliability, weighing evidence, sanctioning, and appeals. This workshop will focus on the following:
a. Credibility, Reliability, Weighing Evidence, Authenticating Evidence
One witness has two different versions of where they were the night of the event. One party has some emails that seem suspect. The other party offers emails contradicting key statements, but also has a recollection that you might rely on in order to untangle the facts. What do you do now? Learn more about weighing evidence, assessing credibility and reliability, and authenticating evidence.
b. Sanctioning
Have you ever struggled with understanding and applying sanctions? In this segment your facilitators will review the five key sanctioning methodologies and provide an overview for selecting the right one for your campus. The focus of this session will include discussion on benchmarking sanction decisions and fostering consistency—increasingly salient in regulatory compliance. A review of case studies and their unique case factors will highlight the elements in determining sanctions and considerations for weighing aggravating circumstances. This section will close with practical application of communicating findings and sanctions with tips for calibrating decisions and ensuring your team members have similar approaches.
c. Fix it Now or Get Sued Later: Appeals
This one process step provides a vital element in the overall equitable landscape of Title IX compliance. Learn promising practices in handling appeals, updates from recent legal challenges, and lessons learned. This session will provide you with tips on interpreting the language of your policy, writing decisions, and crafting outcome letters. Either fix errors or face the consequences!
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Ruby Sponsors
National Conference on Law Higher Education
Silver Sponsors
Bronze Sponsor
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Conference Speakers
Nathan Adams, IV, Ph.D., M.A., B.C.S., Partner, Holland & Knight LLP; Chair, Florida Bar Education Law Committee
Jonathan R. Alger, J.D., M.B.A., President, James Madison University
Daniel J. Altieri, J.D., Partner, Harter Secrest & Emery LLP
Jahanna Azarian, J.D., Solutions Specialist and Manager of Marketing Solutions, Grand River Solutions
Marylin Batista, J.D., Interim General Counsel, Broward County School District
Scott Bearby, J.D., Interim Senior Vice President of Legal Affairs and General Counsel, NCAA
Blaze Bowers, J.D., Assistant Vice President for Academic and Student Support Services, Lincoln Memorial University
Daan Braveman, J.D., Senior Higher Education Counsel, Harter Secrest & Emery LLP
Elizabeth Brenner, M.S., M.F.A., Protect Students Abroad
Melissa Carleton, J.D., Senior Consultant at INCompliance Consulting; Partner, Bricker & Eckler
Joseph Casion, J.D., Partner, Harter Secrest & Emery LLP
Christine Cerniglia, J.D., Director of Clinical and Experiential Education, Stetson University College of Law
Karen Chastain, J.D., Deputy General Counsel, Florida Virtual Schools
Chantelle Cleary Botticelli, J.D., Director of Strategic Partnerships and Client Relations, Grand River Solutions
Crystal Coombes, M.A., M.Ed., 504 Practice Lead, Grand River Solutions
Tyler Coward, J.D., Senior Legislative Counsel, FIRE Foundation
David J. D’Agata, J.D., Ph.D., General Counsel, Florida Virtual School
Gene Deisinger, Ph.D., President, Deisinger Consulting, LLC
Jean Demchak, Managing Director, Marsh, Inc.
Susan Llewellyn Deniker, J.D., Chair, Labor and Employment Department, Steptoe & Johnson PLLC
John Dunkle, Ph.D., Senior Advisor, Knowledge and Advising, The Jed Foundation
Allana Forté, Esq., SVP, Chief People & Culture Officer, CCO & Legal Counsel, Jacksonville University
Russell Froman, J.D., Title IX Coordinator, University of Florida
Julia Green, J.D., Partner, Harter Secrest & Emery LLP
Paul Greene, J.D.,CIPP/US, CIPP/E, CIPM, FIP, Partner, Harter Secrest & Emery LLP
Oren Griffin, Ph.D., J.D., Dean, University of Tulsa College of Law
Kyle Griffis, J.D., Associate General Counsel, Florida State University
James F. Haggerty, J.D., President and CEO, PRCG / Haggerty LLC
Jennifer Hammat, Ph.D., Dean of Students, University of Southern Indiana
Adam Hark, J.D., Counsel, Maxient LLC
Neal Hutchens, Ph.D., J.D., Professor and Chair, Department of Higher Education, University of Mississippi
Carmen Johnson, J.D., Executive Officer for Diversity, Collaboration, and Inclusion, Stetson University College of Law
Micah E. Kamrass, J.D., Partner, Manley Burke
Timothy Kessler-Cleary, B.A., Assistant Dean, Student Engagement and Retention, Caldwell University
Peter F. Lake, J.D., Professor of Law, Charles A. Dana Chair and Director, Center for Excellence in Higher Education Law and Policy, Stetson University College of Law
Rhea Law, J.D., President, University of South Florida
Frederick M. Lawrence, J.D., Distinguished Lecturer, Georgetown Law Center; Secretary and CEO, Phi Beta Kappa Society
Thomas Major, J.D., Associate General Counsel, Lumina Foundation
Joy Elizabeth Mosley, J.D., M.B.A,. Senior Director of Government Relations
Zainab Okolo, Ed.D., Strategy Officer, Lumina Foundation
Francisco “Cisco” Ortiz, M.A., Director of Public Safety and Emergency Management Coordinator, Stetson University
Nathan Perry, J.D., Supportive Measures/Informal Resolution Manager, Vanderbilt University
John R. Przypyszny, J.D., Partner, Faegre Drinker Biddle & Reath LLP
Christopher Roellke, Ph.D., President, Stetson University
Jacob H. Rooksby, J.D., Ph.D., Dean, Professor of Law and Leadership Studies, Gonzaga University School of Law
Laura Rothstein, J.D., Professor and Distinguished University Scholar, Louis D. Brandeis School of Law - University of Louisville
David Rowe, Ph.D., President, The Windermere Group, LLC
Jacob Sapp, J.D., Staff Attorney, Bricker & Eckler
Dr. Cherie A. Scricca, Ed.D, Co-Founder & Managing Director, Grand River Solutions
Shalin Shah, M.S., Senior Client Support Specialist, Maxient LLC
Jody Shipper, J.D., Co-Founder & Managing Director, Grand River Solutions
Donna Smith, J.D., Assistant Vice President for Equal Opportunity & Title IX, Title IX/ADA Coordinator, University of North Dakota
Frank Spano, J.D., M.B.A., Director of Education Security Services, Allied Universal
Glen Stewart, J.D., Employee Resolution Specialist for the Hillsborough Association of School Administrators (HASA); Adjunct Professor, School of Law at University of Tampa
Jonathan Tarnow, J.D., Partner, Faegre Drinker Biddle & Reath, LLP
Ros Thackurdeen, M.S., Protect Students Abroad
William “Bill” Thro, J.D., M.A., General Counsel, University of Kentucky
Kimberley Timpf, M.Ed., Education Strategy Lead & Senior Director of Impact, Vector Solutions
Julian Williams, J.D., Vice President for Diversity, Equity, and Inclusion, University of South Carolina
National Conference on Law Higher Education
Lobby, Front Desk, Lobby Bar and Restaurant located on this side on same level
Elevator and staircase that only services between meeting floors
Located on 3rd floor – one level up from Ballroom
Beach
Beach
Dunes I Dunes II
Dunes V
Dunes IV
National Conference on Law Higher Education
Save the date for future conferences!
Wyndham Grand Clearwater Beach
March 6 – 11, 2024
March 5 – 10, 2025
(727) 562-7793 | higheredcenter@law.stetson.edu stetson.edu/law/highered