Legal Issues in Higher Education Webinars
Deputy Director of Research and Analysis
WICHE Cooperative for Educational Technologies
Thursday, December 12, 2013
2-3pm Eastern Time
Registration deadline: December 10
Note change in date and time from original schedule.
UVM’s Legal Issues Webinars is a monthly series covering the diverse legal issues shaping all aspects of higher education. Speakers are drawn from the nation’s leading experts in higher education law and student affairs. Except for December, all Webinars take place from 3pm to 4pm Eastern Time. The December Webinar takes place from 2pm to 3pm Eastern time. Here is our 2013 schedule (click date for details and see below for speaker biographies):
- Ken Salomon, Chairman, Government Strategies, Dow-Lohnes
The Higher Education Act (HEA), the U.S. federal law governing higher education policy and funding, is reauthorized roughly every five years. The last two reauthorizations of the HEA included provisions that simultaneously encouraged and hindered e-learning, the ripples of which we continue to feel as the U.S. Department of Education administers the law enactment through regulations, policy guidance, and oversight. The e-learning community was largely absent last time but needs to be vocal and focused when Congress turns to HEA reauthorization, which could begin as early as spring, 2013. This session with veteran education lobbyist Ken Salomon will provide information on the changes created in key congressional and Obama Administration personnel. It also will provide information on the HEA reauthorization process and the context for what could shape up to be a broad-based examination of all of higher education, as well as informing you on how you can get involved.
- Jim Keller, Partner, Saul Ewing, LLP
It has been just over one year since the Department of Education issued its “Dear Colleague Letter” meaningfully explaining, and many would say altering, the world of Title IX training and compliance. This session will explain the Letter, recent Department of Education enforcement of Title IX, and best practices on your campus to comply with Title IX.
- Kim Poslick, Coordinator of Alcohol and Substance Abuse, Oklahoma State University
Alcohol, marijuana, and prescription drugs are the most commonly abused substances on today’s college campus. This presentation will begin with a report on the impact of substance abuse on both the abuser and abuser’s associates and community. We will discuss the medical, psychological, educational, and social aspects of each drug class. We will conclude with a discussion of the challenges faced by campuses in developing policies and programs to deal with substance abuse and outline some best practices.
- Steve McDonald, General Counsel, Rhode Island School of Design
The past several years have seen numerous and increased efforts to narrow the scope of FERPA in the name of public records. While they raise legitimate public policy issues worth debating, these efforts are misguided both because they ignore the clear language and history of FERPA and because their implications go far beyond what their proponents claim to be seeking. Join us for an overview of the current battles and how they may affect your campus.
- Kim Novak, NovakTalks!
A key to successful anti-bullying efforts at any institution is the engagement of students in those efforts. Far too often we forget the critical role students can play when addressing behavior or civility issues. Join Kim for this thought-provoking webinar during which she will lay the groundwork for empowering students to engage in the development of community standards, strategies for student interventions in bullying behaviors, and opportunities for involving students in campus response efforts. The focus of this webinar will be student bullying behaviors and the content is based upon environmental change theory offered by Michael Klitzner, Ph.D.
- Joseph Storch, Associate Counsel, State University of New York
The Higher Education Act includes many safety and crime reporting requirements that are part of or affiliated with the Clery Act. This session will cover in detail three newer areas of HEA compliance: Hate Crime Reporting, Missing Persons Policies, and Timely Warning and Emergency Notification Policies. The speaker will delve into the differences between Part I crime reporting and Hate Crime reporting, and will include new requirements from the reauthorization of the Violence Against Women Act. We will discuss identifying and responding to Hate Crimes, and properly counting them for the Annual Security Report. For Missing Persons Policies, we will discuss the nuts and bolts of policy development, best practices for notifying students, and best practices for timely responding to a missing persons notification, including conducting an investigation. We will also discuss key factors that must be included in Timely Warning and Emergency Notification policies, as well as best practices for compliance.
- David Kirchner, Principal, Ropes & Gray and Carrie Simons, Associate, Ropes & Gray
Even with the one-year delay of the employer mandate, some of the most important provisions in the Affordable Care Act — including the introduction of state-based insurance exchanges and the individual mandate — are still scheduled to take effect on January 1, 2014. Employers, including colleges and universities, still face the same fundamental questions of what health coverage to offer and to whom. This webinar will give you an overview of the changes scheduled for the next two years, with a special emphasis on challenges facing colleges and universities in their capacity as employers and as providers of student health insurance. Our speakers will present information designed to assist you in better understanding your obligations under the Affordable Care Act and in having more informed conversations with vendors, employees, faculty, and students.
- Leigh Polk Cole, Director, Dinse, Knapp & McAndrew
In this Webinar, we’ll provide a summary of the basic campus requirements for immigration for international students and scholars, including definitions, compliance and best practices for F-1 international students, J-1 exchange visitors and students in other status categories.
- Lee Bird, Vice President for Student Affairs, Oklahoma State University and Mary Beth Mackin, Dean of Students, University of Wisconsin, Whitewater
With the rise of social networking and the immediacy of electronic communication, the potential for harassment, threats, cyber bullying, perceived defamation, and general incivility is greater than ever before. First amendment issues create legal, philosophical and practical problems for administrators. This session will examine the intersection of the First Amendment and student conduct on the internet. First Amendment concepts will be reviewed as well as policy considerations necessary to protect students’ rights and institutional obligations while upholding the First Amendment.
- Russell Poulin, Deputy Director of Research and Analysis, WICHE
Colleges and universities have become newly aware that they need to seek approval to serve distance-education students in other states. The emerging State Authorization Reciprocity Agreement will provide an affordable path to authorization in other states, while providing the consumer protection sought by the states. This session will highlight state authorization requirements, the re-emergence of federal regulation, the status of reciprocity, and what campuses should be doing now.
The registration fee for each Webinar is $125, which allows one computer to connect to the event. You’re welcome to invite a crowd to view the session along with you on your computer. Register here: http://www.regonline.com/liheweb
Speaker bios (click name for details):
- Dr. Lee Bird currently serves as the Vice President for Student Affairs at Oklahoma State University-Stillwater. Lee is an adjunct professor in OSU’s Student Development graduate program. She received her Ph.D. from the University of Arizona in 1991. She has worked in some aspect of student affairs for 33 years. Lee served as the President of the National Board of Directors for the Association of Student Judicial Affairs and co-authored The First Amendment on Campus: A Handbook for College and University Administrators (2006), published by NASPA. Lee also serves on the University of Vermont’s Board of Advisor’s for the Legal Issues in Higher Education conference. Lee consults and speaks regularly on topics such as student development, student conduct, crisis management, and the First Amendment rights of students. Lee serves as the Chair of the OSU Behavioral Consultation Team and as a FEMA CERT and Incident Command instructor. Bird is Vice President of the Colorado Chapter of the Association of Threat Assessment Professionals. She is a member of Phi Beta Delta Honor Society for International Scholars for her work in Chinese higher education.
- Leigh Cole is a shareholder and director of Dinse, Knapp & McAndrew, P.C., in Burlington, Vermont. A member of the firm’s Higher Education practice group, she represents colleges and universities in immigration and business matters. She is a Senior Editor of the Immigration and Nationality Law Handbook published annually by the American Immigration Lawyers Association (AILA). She earned a J.D. from Albany Law School of Union University in 1991, where she served as editor-in-chief of the Albany Law Review. She holds a B.A. from Cornell University in 1985 in government and agricultural trade policy.
- Jim Keller is a Partner at Saul Ewing LLP. An experienced litigator in trial and appellate courts, Jim has handled hundreds of complex litigation matters in connection with ERISA claims, shareholder disputes, RICO actions, commercial real estate litigation and major premises liability actions. In addition, as Co-Chair of the Higher Education Practice, Jim has extensive experience defending colleges and universities, advising higher education institutions on liability issues and shepherding them through internal investigations. In addition to his legal practice, Jim has served as an adjunct professor at the University of Delaware, where he taught undergraduate law courses. Prior to joining Saul Ewing, Jim was a judicial clerk for the Honorable Harvey Bartle III in the U.S. District Court for the Eastern District of Pennsylvania. Jim was named a “Future Star” in Pennsylvania by Benchmark Litigation, 2012 to present. He received his B.A., magna cum laude, from the University of Delaware and his J.D. from the University of Pennsylvania School of Law.
- David A. Kirchner is a Principal in the Ropes & Gray Benefits Consulting Group. Prior to joining Ropes & Gray, David was a Senior Account Manager for a major life insurance company’s Employee Benefits Division in Boston, Providence, and Dallas. David has worked with pension, welfare benefit and executive compensation plans. David has taught the Life & Health CEBS course at Brown University in Providence, Rhode Island, has been a guest lecturer at the Carroll School of Management, Boston College, and has periodically provided instruction for the New England Employee Benefits Council.
- Mary Beth Mackin is the Dean of Students at the University of Wisconsin-Whitewater, where she is responsible for the areas of student conduct administration, ombuds, crisis management and debriefing, alcohol education and sexual assault prevention. Mary Beth has been actively involved in the Association for Student Conduct Administration for many years, serving as President, Immediate Past President, President-elect, Treasurer and Conference Chair. In addition, she served for many years as a faculty member at the Donald D. Gehring Academy for Student Conduct Administration, and she has presented at numerous state, regional and national conferences during her tenure in Higher Education. She co-authored the book The First Amendment on Campus: A Handbook for College and University Administrators. In 2009, ASCA awarded Mary Beth with the Donald D. Gehring Award for outstanding contributions to the field of student conduct administration.
- Steven J. McDonald is General Counsel at Rhode Island School of Design and previously served as Associate Legal Counsel at The Ohio State University. He has handled a number of Internet-related legal matters, ranging from alleged infringements of copyrighted materials on student web pages to investigations of computer break-ins to an e-mail death threat to Socks the cat. He began his legal career in private practice at Jones, Day, Reavis & Pogue, where he represented CompuServe in Cubby v. CompuServe, the first online libel case, and he also has taught courses in Internet law at Ohio State’s College of Law and at Capital University Law School. He is a past member of the Board of Directors of the National Association of College and University Attorneys and is the editor of NACUA’s The Family Educational Rights and Privacy Act: A Legal Compendium. In State, ex rel. Thomas v. The Ohio State University, the Ohio Supreme Court ruled that he really is a lawyer. He received his A.B. from Duke University in 1982 and his J.D. from The Yale Law School in 1985.
- Kim Novak is an independent consultant for Campus Safety, Student Risk Management and Student Organization Development. She is recognized as a national expert in student-focused risk management, hazing prevention, and campus safety. She has been invited to speak at national conferences and on college campus around the country and served as faculty for several nationally sponsored professional institutes including the including HPO’s hazing intervention institute which was renamed in her honor in 2010 as the Kimberly Novak Hazing Prevention Institute. Kim has served as a Center Fellow for the U.S. Department of Education Higher Education Center for Alcohol Other Drug and Violence Prevention. She also serves on the advisory boards for the Vermont Legal Issues in Higher Ed Law Conference and SCOPE, School and College Organization for Prevention Educators.
- Kim Poslick, MHR, LPC, LADC, is the Coordinator of the Alcohol & Substance Abuse Center at Oklahoma State University. She received her Master of Human Relations with an emphasis in Chemical Dependency from the University of Oklahoma. She also received a B.S. in Journalism Education from OU. Ms. Poslick has spent more than 20 years working with substance abuse clients in both in-patient and out-patient settings. In addition to being a Licensed Professional Counselor and a Licensed Alcohol/Drug Counselor, she is also certified to provide the full array of ADSAC/DUI assessments and classes. Special areas of interest include the impact of substance use on adjustment, relationships, self-esteem, anxiety and depression. She also has a special affinity for the friends and family of those afflicted with addiction.
- Russell Poulin is the Deputy Director of Research and Analysis for WCET, the WICHE Cooperative for Educational Technologies. Russ organizes the information sharing activities among members and directs EduTools.info, which provides independent reviews of educational software and policies. He also co-directs the Northwest Educational Outreach Network in its efforts to use distance education to expand the reach of programs not available in every WICHE state. Russ also heads the Technology Costing Methodology project, consults on distance education planning projects, serves on the editorial board of Innovate, and has been an editorial columnist. Previously, Russ directed distance education activities for the North Dakota University System. Russ earned his Bachelor’s degree in Mathematics and Economics from the University of Colorado, Denver and a Master’s in Statistics and Research Methodology from the University of Northern Colorado.
- Kenneth Salomon is Chairman of Dow Lohnes Government Strategies. He works with clients in the areas of government relations and public policy. Mr. Salomon also is a Member of Dow Lohnes where he leads the firm’s lobbying, campaign finance, and congressional ethics practice. From 1978-1980, Mr. Salomon was Deputy Chief Counsel of the National Telecommunications and Information Administration, the President’s principal advisor on telecommunications and information policy immediately before moving to Dow Lohnes. Mr. Salomon held several broadcast legal positions at the Federal Communications Commission during the 1970s. From 1972-1975, Mr. Salomon was an associate in the Washington office of Squire, Sanders & Dempsey. Mr. Salomon is an honors graduate of both Tufts University (BA), Medford, MA, and The George Washington University School of Law (JD), Washington, DC, where he was a member of the Law Review. His bar memberships include the District of Columbia, Maryland, the Federal Communications Bar Association, and the National Association of College and University Attorneys. Mr. Salomon is a member of the advisory board of the University of Maryland University College Center for Intellectual Property. He is President of the Maryland Soccer Foundation, Inc. which built and operates the Maryland SoccerPlex. Mr. Salomon was Professorial Lecturer on International Telecommunications at the Johns Hopkins University School for Advanced International Studies for several years.
- Carrie Simons is an Associate practicing in Ropes & Gray’s tax and benefits group. Carrie advises clients with respect to a wide range of employee benefit matters, including the design, compliance and administration of their employee benefit and executive compensation arrangements. Carrie also provides advice on compensation and benefits issues arising in mergers and acquisitions and other corporate transactions. From July 2009 to July 2010, Carrie served as legislation counsel on Congress’ Joint Committee on Taxation and from July 2010 to December 2011 Carrie was an attorney advisor in the Office of Tax Policy at the U.S. Department of the Treasury, where she worked to develop regulations and other guidance under the Patient Protection and Affordable Care Act. Carrie is a frequent speaker at the benefits conferences and is currently the vice chair of the Welfare Plan Issues Subcommittee of the Tax Section of the American Bar Association.
- Joseph Storch is an Associate Counsel at the State University of New York’s Office of General Counsel in Albany and the Chair of the SUNY Student Affairs Practice Group. In addition to comprehensive legal representation for several SUNY campuses, he concentrates his practice on student affairs, intellectual property, the First Amendment, and compliance with the Clery Act. Joe moderates the SUNY Clery Act ListServ, produced three NACUANotes on compliance with the Clery Act, and authored the chapter on police and security for the forthcoming book Town Gown Relationships to be published in the spring by the American Bar Association. Joe graduated from the State University of New York College at Oswego, Summa Cum Laude, and from Cornell Law School. After law school, he clerked for the New York State Appellate Division, 3rd Department. His writing has appeared in the Chronicle of Higher Education, Inside Higher Education, Albany Times Union, Orlando Sentinel, Albany Law Review, Medical Trial Techniques Quarterly, and Court Review: the Journal of the American Judges Association, and he is the author of 6 peer-reviewed NACUANotes.