UPCOMING WEBINARS & SEMINARS

9/24/10 - When Counselors Are No Longer Counselors at Community Colleges - An ASCA/NASPA webinar featuring W. Scott Lewis, J.D.  Click here for more information.

9/28/10 - 9/29/10 - NCHERM Legal Update - Featuring W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  Hosted by Lipscomb University.  9:00am to 5:00pm CDT. Click here to register.

10/18/10 - Medical Withdrawal of Students - An NCHERM/NaBITA WEBINAR featuring Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  2:00pm to 3:30pm EDT. Click here to register.

Medical Withdrawal of Students

An Online Webinar Hosted by NCHERM/NaBITA

Monday, October 18, 2010

2:00pm to 3:30pm EDT

Featuring:

Brett A. Sokolow, J.D.,  W. Scott Lewis, J.D., and Saundra K. Schuster, J.D.

Cost:

Basic NaBITA members and non-members = $149.99

Standard and Enhanced* NaBITA member 10% discount= $134.99

Unlimited Listeners at Your Site

No Need to Leave the Comfort of Your Office

Listen by Phone or VOIP

Watch the Slides Online

Register Here.

Read More About the Topic Below.

Faced with increasing concerns about potentially violent students, threatening behavior, and individuals who cannot cope with the stresses of college life, more and more colleges are developing capacities for medical and psychological withdrawal that are separate from campus conduct mechanisms. Medical and psychological withdrawal policies and protocols can be of value, when they are structured correctly and carefully. This webinar will explore the legal and policy considerations on how to get it right.

1. Define clearly when situations should track through conduct processes and when they should track through Medical/Psychological withdrawal protocols
2. Create structures to ease the process of voluntary medical or psychological withdrawal
3. Use involuntary medical or psychological withdrawal only as last resort
4. Understand the legal framework laid out by ADA and Section 504 of the Rehabilitation Act for separating a student on the basis of suicidal behavior
5. Know how the law applies to housing and institutional separations
6. What is a direct threat determination and how should it be made?
7. How do enhanced due process requirements apply to an involuntary medical or psyschological withdrawal determination?
8. What are a student's right to return and how can conditions govern return?
9. How do we avoid charges of pretextual discrimination?
10. What are the ongoing institutional obligations to a withdrawn student?

We'll answer these questions and yours in this webinar.

INTENDED PARTICIPANTS

• Student Affairs Administrators
• Judicial Administrators
• University Legal Counsel
• Risk Managers
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators
• Campus Law Enforcement
• Student Activities and Student Development Staff
• Faculty
• Counseling Services Personnel
• Health Services Staff
• Campus Crisis Response Teams, CISDT, and Behavioral Intervention Teams

PRESENTERS

This event will be presented by Brett A. Sokolow, J.D., the President of NCHERM and NaBITA; Saundra K. Schuster, J.D., the NaBITA President-Elect, and W. Scott Lewis, J.D., NCHERM Partner.  Click on the names of each presenter above to learn more about them.

REGISTER

Register here to attend the webinar.  Detailed instructions for hosting and logging into the event will be emailed to the primary registrant once you register. 

LOGISTICS

The logistics of a webinar are easy.  You will need a phone and a connection to the Internet.  You'll be able to follow along visually with our slides and hear the presenters speaking simultaneously.  With a speakerphone, unlimited participation is possible on you end.  And, this event will feature live Q&A with the presenters. 

TIMES FOR THE LIVE EVENT

   2:00 PM - 3:30 PM (Eastern Daylight Time)
   1:00 PM - 12:30 PM (Central Daylight Time)
  12:00 PM - 1:30 PM (Mountain Daylight Time)
  11:00 AM - 12:30 PM (Pacific Daylight Time)

ORDER A COPY ON CD

Can't make the scheduled seminar? Click here to order the program in CD format, mailed to you promptly following the event. You can also register for the live event and order a copy on CD-ROM as a package for $249.99.

CUSTOMER SERVICE

Questions about hosting should be directed to Samantha Dutill, NCHERM Client Relations Coordinator at 610.993.0229 or samantha@ncherm.org.  To pay by cheque or purchase order, please email Samantha.

* Enhanced NaBITA members, please email Samantha to confirm whether this webinar qualifies as one of your 2 FREE webinars.

THE NATIONAL CENTER FOR HIGHER EDUCATION RISK MANAGEMENT

TOGETHER WITH ACPA, 

COLLEGE STUDENT EDUCATORS INTERNATIONAL

www.myacpa.org 

announces

THREE NATIONAL INSTITUTES ON

RESPONDING TO CAMPUS SEXUAL MISCONDUCT

These landmark two-day institutes are designed to provide comprehensive training for college and university administrators, hearing boards, conduct administrators, appeals officers, sexual harassment grievance officers and legal counsel

Three Locations

Regional Host Sites – Easy Access

July 20th and 21st, 2010

Hosted by Drew University

Madison, NJ

July 26th and 27th, 2010

Hosted by Loyola University Chicago

Chicago, IL

July 29th and 30th, 2010

Hosted by Stanford University

Stanford, CA

Engaging Experts – Practical Advice

**REGISTER EARLY -- SEATS ARE LIMITED**

ACPA MEMBERS RECEIVE A 10% DISCOUNT

These two-day institutes are designed to elevate the national dialogue on how colleges and universities can more effectively respond to campus sexual misconduct, including harassment and sexual assault.

The Institutes are intended to achieve the following five learning outcomes for each participant:

• Gain an understanding of the Title IX, negligence law, FERPA and Clery Act-based legal framework that provides the underpinning of effective and compliant campus sexual misconduct remedial structures;
• Comprehensively understand the best practices for campus sexual misconduct policy development;
• Learn the essential elements and recommended best practices for conduct procedures and response protocols on sexual misconduct;
• Gain knowledge of how to effectively manage the conduct proceedings in sexual misconduct cases from intake to investigation to appeal;
• Explore the substance of what training should be provided to hearing panels for challenging sexual misconduct complaints.

These Institutes will be followed in September by a series of two-day sexual misconduct investigation training events for administrators and campus law enforcement.

AGENDA  (Each day will run 9am to 5pm)

These Institutes will provide participants with an opportunity to learn the skills outlined above, and to participate in applied learning activities, including role plays, case studies and mock hearings.

You are encouraged to attend with a group of stakeholders from your campus, and to bring members of your conduct hearing panels. You will have an opportunity to have your sexual misconduct policy and procedures confidentially evaluated in one-on-one sessions with the Institute Faculty, who are specialists in Title IX law and sexual misconduct proceedings. This one-on-one consultation will enable you to receive a review of and feedback on your policies and procedures, and enable you to ask questions specifically related to your policies in a private setting.

The topics over the two-days are as follows:

I. Gender Climate Issues

    a. Intake
    b. SART
    c. Crime v. code
    d. Mandated reporting by employees
    e. Amnesty
    f. Process designed to encourage reporting, or discourage it?

II. Understanding the Legal Landscape

   a. Title IX law
      i. Role of the Office of Civil Rights
      ii. Gamechangers – significant cases that shape and interpret the law
   b. Negligence
      i. Duty of care
      ii. Foreseeability of harm
      iii. Prior similar incidents
   c. FERPA
      i. Privacy
      ii. Disclosure
   d. The Clery Act
      i. Notice
      ii. Victim’s rights

III. Sexual Misconduct Policy Revision Best Practices

    a. Essential elements for every policy
    b. Recommended best practice language
    c. Victim’s Rights/Rights of the Accused
    d. Jurisdiction

IV. Investigation

   a. Who investigates?
   b. What?
   c. How?
   d. To what result?
   e. For what purpose?
   f. Problem-solving exercise

V. Sexual Misconduct Hearing Procedures

   a. Required responses (public and private institutions)
   b. Hearing panel formats
   c. Hearing panel composition
   d. Recommended best practices
   e. Advisors/Advocates
   f. Role of alleged victim
   g. Sanctioning guidance
   h. Rights of the accused student
   i.  Appeal
   j. Role of alternative dispute resolution
   k. Hearing accommodations for alleged victims
   l. Case studies

VI. Training Hearing Boards

   a. Understanding evidence
   b. Questioning guidelines
   c. Physical set up
   d. Decision/analysis process
   e. Sanctioning process

VII. “The Anatomy of a Sexual Misconduct Hearing”

  a. Participants will engage in a hearing & apply skills gained throughout the training
   b. The hearing will be following by an extensive de-briefing process

DELIVERABLES

Each participant will be provided an extensive training manual containing the exercises and materials presented in the Institute training.

Each institution will have the opportunity for individual consultation with the Institute Faculty on its sexual misconduct policies and procedures.

Q&A with some of the country’s foremost experts on campus sexual misconduct, to help with problem-solving tough cases on your campus.

INTENDED PARTICIPANTS

• Presidents and Boards of Trustees
• Vice Presidents of Student Affairs
• Deans of Students
• Student Affairs Administrators
• Judicial/Conduct Administrators
• University Legal Counsel
• Risk Managers
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators
• Campus Law Enforcement
• Student Activities and Student Development Staff
• Student Government Representatives and Leaders
• Counseling Services Personnel
• Health Services Staff
• Conduct Board Members and Hearing Officers
• Women's Studies and Women's Center Staff
• Campus Advocates, SART and Health Educators
• Peer Educators and Advocates

INSTITUTE FACULTY

Brett A. Sokolow, J.D. is a higher education attorney who specializes in high-risk campus health and safety issues. He is recognized as a national leader on campus sexual violence prevention, response and remediation. He is legal counsel to sixteen colleges, and is the founder and managing partner of the National Center for Higher Education Risk Management. Brett frequently serves as an expert witness on sexual assault and harassment cases, and he has authored ten books and more than 50 articles on campus safety and sexual assault. He has consulted with more than 1,400 college campuses. He has provided strategic prevention programs to students at more than 1,800 college and university campuses on sexual misconduct and alcohol. He has authored the conduct codes of more than fifty colleges and universities. The NCHERM Model Sexual Misconduct policy serves as the basis for policies at hundreds of colleges and universities across the country. NCHERM has trained the members of more than 400 conduct hearing boards at colleges and universities in North America. He serves as the 2009-2010 president of NaBITA, the National Behavioral Intervention Team Association (www.nabita.org), and is a Directorate Body member of the ACPA Commission on Student Conduct and Legal Issues. He is a graduate of the College of William and Mary and the Villanova University School of Law.

W. Scott Lewis, J.D. is a partner with the National Center for Higher Education Risk Management and Associate General Counsel for Saint Mary’s College in Indiana. He recently served as the Assistant Vice Provost at the University of South Carolina. Scott brings over fifteen years of experience as a student affairs administrator, faculty member, and consultant in higher education. He is a frequent keynote and plenary speaker, nationally recognized for his work on behavioral intervention for students in crisis and distress. He is noted as well for his work in the area of classroom management and dealing with disruptive students. He presents regularly throughout the country, assisting colleges and universities with legal, judicial, and risk management issues, as well as policy development and implementation. He serves as an author and editor in a number of areas including legal issues in higher education, campus safety and student development, campus conduct board training, and other higher education issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the Board of Directors for ASCA as its President. He did his undergraduate work in Psychology and his graduate work in Higher Education Administration at Texas A&M University and received his Law degree and mediation training from the University of Houston.

Saundra K. Schuster, J.D. is a partner with the National Center for Higher Education Risk Management. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. Ms. Schuster is a recognized expert in preventive law for education, notably in the fields of Sexual Misconduct, First Amendment, Risk Management, Student Discipline, Campus Conduct, Intellectual Property and Employment Issues. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Ms. Schuster holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University. She is the president-elect of the National Behavioral Intervention Team Associaton (www.nabita.org).

COST AND ATTENDANCE

Individuals

Individual attendee rates are $359 per person. ACPA members receive a 10% discount ($323 per person).

Institutions

Each institution may bring up to 4 individuals for the group registration fee of $599. ACPA members receive a 10% discount on the group registration fee ($539 for up to 4 people).

Institutions are welcome to purchase multiple registrations if bringing more than four attendees.

Each day will run from 9am to 5pm. Continental breakfast will be served on site, as will an afternoon sugar/caffeine snack. Lunch will be from 12pm to 1pm, and will be on your own at local cafes or campus dining facilities.

TRAVEL INFORMATION

Please click here for information on airports, hotels and ground transportation for each location.

REGISTRATION

Registration deadlines for the Institutes have passed.

For more information, contact Samantha Dutill, NCHERM Client Relations Coordinator at: 610-993-0229 or by email at: Samantha@ncherm.org

Please click here to read the NCHERM press release on the National Institutes.

Gamechangers, Part II: Reshaping Campus Sexual Misconduct Through Litigation

An Online Webinar Hosted by NCHERM

August 9th, 2010

2:00pm to 3:30pm EDT

Featuring:

Brett A. Sokolow, J.D.,  W. Scott Lewis, J.D., and Saundra K. Schuster, J.D.

Cost = $149.99

Unlimited Listeners at Your Site

No Need to Leave the Comfort of Your Office

Listen by Phone or VOIP

Watch the Slides Online

Read More About the Topic Below.

Over the last few years, the courts have been broadly reshaping campus sexual misconduct through expansive interpretations of Title IX. From high dollar jury verdicts to staggering retaliation cases to landmark decisions on the personal liability of college administrators, we're getting the message loud and clear about the liability that will result when we don't get sexual misconduct cases right. This two-part webinar series is designed to help college and university administrators with the practical tools needed to improve campus response to sexual violence.

In part II of this webinar, we’ll explore where the law is going, with a special focus on three personal liability Title IX cases

• Personal liability of college and university administrators
   o §1983
   o Immunity
   o Private campuses

• Retaliation claims
   o How does retaliation liability work?
   o How can we avoid retaliation claims?
   o What are the policy/procedural implications?

• Free speech and Title IX Sexual Harassment policies
   o Intent v. Effect
   o Severe, Pervasive and Objectively offensive
   o Difference between peer and employees harassment rules and procedures
   o Intersection of sexual assault and sexual harassment

• Learning from Caselaw
   o Fitzgerald v. Barnstable (Supreme Court)
   o DeJohn v. Temple University
   o McGrath v. Dominican College of Blauvelt

INTENDED PARTICIPANTS

• Student Affairs Administrators
• Judicial Administrators
• University Legal Counsel
• Risk Managers
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators
• Campus Law Enforcement
• Student Development Staff
• Faculty
• Counseling Services Personnel
• Health Services Staff
• Women's Center Staff

PRESENTERS

This event will be presented by Brett A. Sokolow, J.D., NCHERM President; Saundra K. Schuster, J.D., NCHERM Partner; and W. Scott Lewis, J.D., NCHERM Partner.  Click on the names of each presenter above to learn more about them.

REGISTER

Register here to attend the webinar.  Detailed instructions for hosting and logging into the event will be emailed to the primary registrant once you register. 

LOGISTICS

The logistics of a webinar are easy.  You will need a phone and a connection to the Internet.  You'll be able to follow along visually with our slides and hear the presenters speaking simultaneously.  With a speakerphone, unlimited participation is possible on you end.  And, this event will feature live Q&A with the presenters. 

TIMES FOR THE LIVE EVENT

   2:00 PM - 3:30 PM (Eastern Daylight Time)
   1:00 PM - 12:30 PM (Central Daylight Time)
  12:00 PM - 1:30 PM (Mountain Daylight Time)
  11:00 AM - 12:30 PM (Pacific Daylight Time)

ORDER A COPY ON CD

Can't make the scheduled seminar? Click here to order the program in CD format, mailed to you promptly following the event. You can also register for the live event and order a copy on CD-ROM as a package for $249.99.

CUSTOMER SERVICE

Questions about hosting should be directed to Samantha Dutill, NCHERM Client Relations Coordinator at 610.993.0229 or samantha@ncherm.org.  To pay by cheque or purchase order, please email Samantha.

THE NATIONAL CENTER FOR HIGHER EDUCATION RISK MANAGEMENT (NCHERM)

 www.ncherm.org

ANNOUNCES

THE NCHERM LEGAL UPDATE:

Law and Regulatory Review for Senior Administrators

SEPTEMBER 28th and 29th, 2010

LIPSCOMB UNIVERSITY

NASHVILLE, TN

This 2 day seminar will provide updates on the changes

in the law over the last year

Engaging Experts – Practical Advice

**REGISTER EARLY -- SEATS ARE LIMITED**

This seminar is designed for all senior level college and university administrators, as well as those responsible for functional areas including:

• Chief Executives
• Chief Academic Officers
• Chief Student Affairs Officers
• Chief Human Resource Officers
• General Counsel
• Academic Deans
• Student Affairs Deans
• Student and Staff Conduct Administration

This event is designed for you to bring a team, to foster cross-departmental discussions about liability and risk management.  If you can't bring a team, single registrations are available. 

Participants will receive:

• An update and complete synopsis of cases from the last year on:
• Sexual Harassment and Misconduct, including Title VII, IX, and § 1983
• First Amendment Issues (Student Organizations, Free Speech/Expression, Freedom of Association, Student Press)
• Faculty and Employment Issues
• Liability and Risk Management
• Student Conduct and Behavioral Issues
• Search and Seizure Issues
• ADA/Section 504
• Intellectual Property Issues
• A discussion highlighting key decisions in your region
• Federal legislative update on the Higher Education Act Reauthorization
• Plain spoken interpretation of case law and legislation that can be easily applied on your campus
• Practical insights from experienced practitioners on how these cases and regulations impact day-to-day decision making on your campus
• A glimpse toward the future with a look at trends and issues that are “on the radar” for the upcoming year
• A opportunity for one on one consultation with the presenters

INSTITUTE FACULTY:

W. Scott Lewis, JD is a partner with the National Center for Higher Education Risk Management (NCHERM) and serves as Assoc. General Counsel for Saint Mary’s College. He has spent over 15 years as a faculty member, student affairs administrator, and consultant in higher education on legal issues. He presents regularly across the country, and is an author and editor in areas related to higher education legal and risk management issues. 

Saundra K. Schuster, JD is a partner with the National Center for Higher Education Risk Management. Ms. Schuster is a recognized expert in preventive law for education, notably in the fields of Sexual Misconduct, First Amendment, Risk Management, Student Discipline and Campus Conduct, Intellectual Property and Employment Issues. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Ms. Schuster holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University.

TRAVEL LOGISTICS:

The seminar will be held at

Lipscomb University

One University Park Drive

Nashville, TN 37204

Hotel information coming soon!

REGISTER FOR THIS EVENT:

$699.00 for up to 3 participants

$249.00 for individual registrants

To register online, click here.  To download the .pdf registration form to pay by cheque, click here.

For more information, contact Samantha Dutill at 610-993-0229 or by email at: samantha@ncherm.org

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