ONLINE COURSES
Lawyers New to Higher Education Online Course
Course Details
About this Event
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 28 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:
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.
Topics Covered
- 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
INSTRUCTORS
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
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
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
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
- Considerations pertinent to current developments and evolving regulatory landscape
The FUNdamentals of 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
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
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
- Pending Developments
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
Introduction to Sexual Misconduct Issues: Title IX, Title VII, and the Courts
- Current practices under the 2020 Title IX regulations
- Handling sex discrimination allegations
- Practical advice for campus counsel in adopting, revising, and administering sexual misconduct policies on campus
The Mechanics of a Deal – Unique Aspects of Contracting for Higher Education Institutions
- 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
Super Anxious Ultra Modern Lawyer: Addressing Workplace Mental Health
- Discuss unique stressors, from managing crises to balancing complex ethical obligations, lawyers in higher education face
- Explore the impact of mental health challenges on legal competence and ethical duties including: Confidentiality; The pressures of higher education legal roles; Ethical considerations when supporting colleagues; and
- Strategies for maintaining well-being
- Offer practical guidance, including ABA ethics opinions and a review of relevant ethical rules to help lawyers navigate these challenges while fostering a healthier work environment
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
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
Research Lexicon: 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
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
Live Forums
Opportunity for Q&A with course Instructors
Unable to attend live? The recording will be available on the course platform for all registrants within a week of the live forum.
Meet the Experts Session #1
- Monday, October 27, 2025, 1:00-2:15pm ET
Meet the Experts Session #2
- Tuesday, November 4, 2025, 2:00-3:15pm ET
Networking Circles
- Thursday, November 13, 2025, 2:00-3:15pm ET
Capstone Course
- Tuesday, December 2, 2025, 2:00-3:15pm ET
CLE
15
Pre-recorded sessions
845
Total Minutes
60
Including Minutes of ethics
14
CLE Credits (60-min hour)
17
CLE Credits (50-min hour)
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