Webinar

The Law of Gender Identity on Campus

November 22, 2024 | 12:00 pm 2:00 pm EST

About this Event

The law pertaining to antidiscrimination protections for postsecondary students, faculty, and staff who identify as transgender, or whose gender identity is nonbinary, is complex. It is a combination of federal, state, and local laws, interpreted via inconsistent and occasionally conflicting jurisprudence across different jurisdictions, which is further complicated by regulatory and sub-regulatory guidance. Beyond the complicated legal framework, higher education counsel are also often called upon to advise their clients on how to navigate the politics attendant to the law(s) of gender identity on campus.    

Please join us for this two-hour webinar in which a trio of NACUA member-experts will examine the legal authority and practical considerations impacting gender identity in the postsecondary space, including: 

  • Title IX, including related to healthcare, athletics, facilities use, and minors on campus;
  • Title VII, including legal developments post-Bostock v. Clayton Cty. (2020); 
  • Religious accommodations & academic freedom, including name and pronouns usage; and  
  • An overview of emerging State law trends. 

Who Should Attend?  

This webinar will interest in-house and outside college and university counsel who advise on matters related to antidiscrimination law and related policies, as well as campus administrators and other professionals on campus who maintain responsibilities in these areas.

Speakers

Becca Gose

Vice President and General Counsel

Oregon State University (OSU)

Serves as Vice President and General Counsel for Oregon State University (OSU). As Chief Legal Officer, she leads the Office of the General Counsel, consisting of a team of attorneys focused on strategic and preventive advising, finding innovative solutions, and fostering collaborative problem-solving. Reporting directly to the President, Becca is a member of the University Cabinet and advises the Board of Trustees, President, Provost, and various levels of university leadership.

Becca has served OSU since 2010, as Assistant and then Associate General Counsel, and began her role as Chief Legal Officer in 2015. Prior to joining OSU, she was an associate litigation attorney in the San Francisco office of Munger, Tolles and Olson, where a portion of her practice was dedicated to representing higher education institutions. She received her JD from the University of California at Berkeley and her BA from the University of Colorado at Boulder. Following law school, she clerked for the Honorable David M. Ebel on the Tenth Circuit Court of Appeals.

Becca actively contributes to the higher-education legal community through her involvement in NACUA and is currently serving on the Board of Directors and chairs the Committee on Strategic Planning. Her prior engagements include participation on the Annual Conference Planning Committee, Committee on Legal Education, General Counsel Institute Planning Committee, and the NACUA Membership and New Members Committee. She has also been a speaker or a discussion leader at multiple NACUA conferences and workshops. Additionally, she serves on the Board of Trustees for the Corvallis Public Schools Foundation, currently as Immediate Past Chair and previously as Chair and Secretary.

Esther Henry

Associate General Counsel

University of Tennessee System (Knoxville)

Esther Henry is Associate General Counsel in the Office of the General Counsel of the University of Tennessee System (Knoxville), which she joined in May 2022. In this role, Esther primarily works on student affairs, faculty affairs, and employment matters.  

Previously, Esther served as Senior Associate General Counsel in the Office of the General Counsel of Oregon State University (Corvallis) from June 2015 to May 2022.  Esther supervised four attorneys and primarily practiced within student, employment, Title IX and sexual misconduct, compliance and emergency response areas.  In this role, Esther also advised the Threat Assessment Team, Clery Timely Warning response group, and Student Care Team.

Prior to OSU, Esther served at the Colorado School of Mines (Golden, CO) as Associate Counsel from October 2006 through June 2015, where she was a true generalist in a two-attorney office.  

From September 2002 through October 2006, Esther was the HIPAA Project Manager and Privacy Officer for the University of Colorado Health Sciences Center (now the Anschutz Medical Campus) in Denver and Aurora.  In this role, she was responsible for implementing HIPAA compliance, delivering employee training, and responding to privacy-related allegations and requests.

Esther began her higher education practice at the University of Colorado Health Sciences Center Office of General Counsel in September 2000.  She was a Research Associate Attorney in that role and primarily advised related to the campus’ health professions academic programs, public records, compliance and student matters.

Esther holds a Bachelor of Arts in Spanish and a Bachelor of Science in Management from Purdue University (West Lafayette).  She received her J.D. from Indiana University (Bloomington) – Maurer School of Law.

Daniel A. Kaufman

Partner

Michael Best & Fredrich LLP

Clients turn to Dan because he is an outstanding litigator and a trusted advisor on employment, higher education, and other issues. His deep knowledge of employment law and higher education, exceptional judgment, and strategic advice enable clients to achieve their goals. Colleges and universities, businesses, and other clients rely on Dan’s proven litigation experience and proactive counsel on myriad issues, including:  discrimination and harassment; hiring, disciplining and terminating employees; retaliation; disability; wage and hour; and litigation avoidance. Dan’s work is regularly honored by regional and national ranking organizations. He is recognized by Chambers USA as a Leading Labor & Employment Lawyer, holds an AV® (preeminent/highest) rating from Martindale-Hubbell®, and is listed in The Best Lawyers in America (2012-present), Midwest’s Best Lawyers (2021-prsent), Illinois Super Lawyers (2006-present), and Chicago’s Top-Rated Lawyers (Chicago Tribune and Wall Street Journal).  

Dan is a former member of the NACUA Board, has served on numerous NACUA committees, and has spoken at many NACUA and other conferences.  Dan also has taught Law & Ethics in Higher Education in Northwestern University’s Masters in Higher Education program.  

Dan’s passion for service also includes serving as a Highland Park, IL City Councilperson (2011-2021). The Judges of the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized Dan’s dedication to service with the “Award for Excellence in Pro Bono Service” in 2010.  

Dan also has held various leadership roles at Michael Best, including currently serving as Co-Chair of the Higher Education Group, previously serving as Chair of the Labor & Employment Relations Group and as a member of the Management Committee, and serving twice as the Managing Partner of the Chicago Office. Dan served as Law Clerk to the Honorable Charles L. Levin, Michigan Supreme Court, from Fall 1986 to Fall 1987.  

Program Schedule

TimeSession Topic
12:00 P.M. ETWelcome and Introductions
Title IX










2:00 P.M. ET
Title VII 

Religious Accommodations & Academic Freedom

State Trends

Practical Tips and Considerations

Q&A

Conclusion

Webinar Recording

Members who purchase the Live Webinar will receive access to the Post-Event Recording in the Online Learning Center at no additional charge. Non-members will not have post-event access to the recording or the materials and should plan to download materials during the live webinar.

If you are a member and couldn’t attend live, the event recording will be available for purchase in our Online Learning Center. The recording may be replayed at any time, but may not be copied, posted, or otherwise distributed within or outside of the institution, organization, or firm. The license entitles the purchaser to replay the recording at one campus or at one location of any organization or firm. You can purchase the Post-Event Recording here.

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