Legal Issues Conference

Timely Warnings and Sexual Assaults
Abigail Boyer, M.S., Associate Executive Director of Programs
The Clery Center

With increased attention focused on campus sexual violence there are a lot of opinions on the issuance of warnings on college and university campuses. While meant to promote safety, a poor process can have a chilling effect on reporting. This session will provide an opportunity to discuss timely warnings under the Clery Act and how they intersect with safety risk under Title IX. The session will cover:

  • An overview of Timely Warnings under the Clery Act
  • Evaluating sexual assault cases for issuance of timely warnings
  • Collaboration between Clery and Title IX in evaluating risk
  • Case studies for discussion

The purpose of this session is to inform and empower campus administrators and law enforcement to work together to not only understand the legal requirements but to also apply them in a way that promotes confidentiality and safety.

Free Speech and the Rise of Advocacy on Campus
Peter Lake, J.D., Professor of Law, Charles A. Dana Chair, and Director of the Center for Excellence in Higher Education Law and Policy
Stetson University College of Law

We have entered a vibrant era of free speech and advocacy on campus—the likes of which we may not have seen for decades. The rise of social media and an emphasis on public expression puts modern colleges in the role of referee in the marketplace of ideas. Many ideas will also have dedicated advocacy efforts associated with them; and there is no reason to believe the marketplace of ideas will be free from conflict. How will modern colleges manage the new dynamics of free expression and advocacy? How does academic freedom play into all of this? What important lessons about free speech and advocacy do we need to teach this generation of learners? Join Professor Lake as he explores the frontiers of free expression in the digital age on campus.

Radicalization Risk Rubric R3: An Exploration of the Risk Factors, Protective Factors and Underlying Motivations Related to Terrorism and Radicalization of College Student
Brian Van Brunt, Ed.D., Senior Executive Vice President for Professional Program Development
The NCHERM Group, LLC

Campus Behavioral Intervention and Threat Assessment Teams (BIT/TAT) have become increasingly concerned with how to identify the potential for radicalization of their students toward extremist violence. There have been several recent cases where a radicalized, extremist individual carried out a terrorist attack on a college campus and increasing incidents of hardened and fixated political ideologies leading to harmful debate, aggressive exchanges and potential violence. This program explores how to assess the risk of a college student becoming radicalized and moving forward with violent actions to a person, place or system. Dr. Van Brunt explores risk factors for radicalization, underlying motivations and the protective factors that reduce the potential for violence.

Crisis Action Teams: A University-Wide Response
Regina Young-Hyatt, Ph.D., Vice President for Student Affairs
Brent Crocker, M.S., Emergency Manager
Mississippi State University

Responding to campus crises has become increasingly complex due to the speed at which situations develop and are resolved and the expectations around information sharing. We will discuss emergency trends in crisis response teams and how we can work across our institutions to be most effective.

Essential Pieces of an Institutional Title IX Program
Melissa Nunn, M.S., Title IX Coordinator
University of Florida

Colleges and Universities across the country have been charged with employing a comprehensive strategy to address sex and gender-based harassment and discrimination for all students, faculty, and staff. This session will discuss the roles and responsibilities of the Title IX Coordinator and other campus partners, the places where collaboration is necessary, where conflicts can arise, and other essential pieces of putting together a successful Title IX program and initiatives on your campus to address these pressing issues. The intended audience for this presentation includes campus partners that work directly with the Title IX coordinator: Dean of Students, campus police, human resources, student conduct, counseling and psychological services, housing and residence life, first year experience staff, victim advocates, and other functional areas.

Unpacking Required Reporting: Strategies for Training Campus Security Authorities and Responsible Employees
Abigail Boyer, M.S., Associate Executive Director of Programs
The Clery Center

Updated guidance from the Department of Education lists a variety of roles as campus security authorities (CSAs), individuals required to report under the Clery Act. With this transition comes questions as to how this requirement intersects with the functions of these roles in every day interaction with students and employees. This session will focus on understanding the expectations for all CSAs as well as individuals determined to be responsible employees under Title IX. It will also provide strategies for coordination of training efforts on campus for CSAs and responsible employees as well as tools to use for each. We will address the creation of a training plan for different stakeholders (coaches, faculty advisors, resident assistants, etc.) on your campus including what information needs to be shared, when it must be shared, and by whom. This session will provide strategies for communicating the importance of these roles to all involved constituents within the institution.

Assessment and Intervention: Detecting Deception and Assessing Truthfulness with the Violent, Dangerous or Suicidal Student
Brian Van Brunt, Ed.D., Senior Executive Vice President for Professional Program Development
The NCHERM Group, LLC

Join Dr. Van Brunt as he discusses the challenges and difficulties of detecting deception and assessing the truthfulness of a student during psychological, violence risk and threat assessments. This program will be useful for clinical staff, conduct officers, police/law enforcement and administrators to develop a heightened sense of how to assess dishonesty and defensiveness during assessment and follow up interventions. The first half of the program will involve how to assess faking-good and faking-bad, the current research on micro-expressions, how to establish baseline, assessing defensiveness due to paranoia, attending to manic or psychotic exaggerations and tangential speech. The second half of the program will involve a live role play with opportunities for comments and critiques.

Access and Accommodation: Current Issues in Disability Compliance
Brett Harvey, J.D., Director, Title IX & EEO Programs
Mississippi State University

From website accessibility to exotic emotional support animals, compliance with the ADA and Section 504 of the Rehabilitation Act requires a unique combination of legal knowledge and practicality. This presentation explores some of the more challenging issues in disability compliance, and how universities are addressing them.

The Four Corners of Title IX Compliance in Light of Potential Changes in Interpretation and Enforcement
Peter Lake, J.D., Professor of Law, Charles A. Dana Chair, and Director of the Center for Excellence in Higher Education Law and Policy
Stetson University College of Law

A shift in college culture has manifested since 2011, and it is impossible to reset the clock. Students and their families are more motivated than ever to insist that their institutions address sex discrimination and sexual violence. Campuses have put forth tremendous efforts to craft thoughtful policies and engage in prevention efforts. Victims and survivors have been heard. Respondents demand due process and fair treatment.

The new federal administration likely will shift Title IX enforcement. But the mission of Title IX —to reduce or eliminate barriers to education caused by sex discrimination— will persist. So, what changes are likely to come? What can we expect in these transitional times? Professor Lake will discuss the potential hard left and right turns as Title IX compliance transitions under a new administration.

International Students on Campus: Responding Effectively to Their Mental Health Needs
Sirena Cantrell, M.S., Dean of Students & Title IX Coordinator
Mississippi University for Women

With every passing day, there is a great deal of public debate about immigration and how to address the status of unauthorized immigrants in the United States. How do these public debates affect our international students? These conversations are creating additional stressors for our international students across our campuses. It is critical that sufficient and readily accessible mental health services be established for these students. During this presentation, the presenter will provide an overview of international students and mental health needs. Participants will be led through case studies along with group discussions in order to create an open dialogue on this topic. Participants will also benefit from a review of best practices.

Violence Risk Assessment of the Written Word (VRAW2)
Brian Van Brunt, Ed.D., Senior Executive Vice President for Professional Program Development
The NCHERM Group, LLC

Join Dr. Van Brunt as he shares case studies involving emails, creative and non-fiction writing that contain direct threats or violent themes of concern. He will discuss how a team can deploy a set of questions to determine whether these threats are true threats or if they are simply howling behaviors or part of the student’s creative process. Learn the new rubric for Written Word Violence Risk Assessment (VRAW2) and how to apply it in the context of the NaBITA Threat Assessment Tool and the Structured Interview for Violence Risk Assessment (SIVRA-35). Participants will receive a copy of the VRAW2 and instructions on how to use it to assess the likelihood of violence from written word communication.

F.E.R.P.A. Popcorn
Tabor Mullen, M.S., Associate Dean of Students
Joy Graves, J.D., University Compliance Officer
Mississippi State University

F.E.R.P.A. is often considered one of the most confusing laws governing records in institutions of higher education. Join Tabor and Joy as they take an in-depth and interactive look at how this law impacts the campus community as a whole.

The Importance of Student Success
Jim Hundrieser, Ph.D., Associate Managing Principal
AGB Institutional Strategies

Do you think we will ever get sued for poor advising? Or for a student taking more than 4 years to graduate? Or a faculty member who misses more than 3 classes a term? Or if we accept a student who only got C grades in math and science and was accepted as a chemist major should we be required to provide him with the supplemental support needed to build stronger math skills? If student athletes unionize will we be required to hold them to completion standards? This session will provide some interesting thoughts about the role and responsibility we have (and promise) to students and why we need to continue to focus on student success. Student success is said to be everyone’s job, but few campuses actually practice this. We also imply a contract with the students (and often their parents). What happens when we break our part of the contract? Come explore how and why we should all think differently about this topic of student success.

Handbook Highlights: How the 2016 Handbook for Campus Safety and Security Reporting Influences Clery Compliance Practices
Abigail Boyer, M.S., Associate Executive Director of Programs
The Clery Center

In June of 2016, the Department of Education released an updated Handbook for Campus Safety and Security Reporting. This subregulatory guidance gives context as to how the Department expects institutions to implement Clery Act requirements, including the most recent amendments addressing sexual assault, domestic violence, dating violence, and stalking. This session will review the changes introduced in the updated Handbook, explore how the Handbook changed implementation practices at some institutions, and provide suggestions for practical multidisciplinary team tasks for Clery compliance.

Welcoming Generation Z!
Jim Hundrieser, Ph.D., Associate Managing Principal
AGB Institutional Strategies

As campuses have finally adjusted to the Millennial generation, it is time to welcome the next Generation initially called Gen Z or iGen. This keynote will share ways this generation is similar and different from Millennials and how we need to prepare to meet their expectations. We will discuss how prepared we are to recruit, teach, advise, and retain the most diverse generation of students we’ve ever seen? Here is a hint—think—safety, urban, career focused, and technology integration most people over 40 will never understand.

'Compliance University' in the New Federal Administration
Peter Lake, J.D., Professor of Law, Charles A. Dana Chair, and Director of the Center for Excellence in Higher Education Law and Policy
Stetson University College of Law

In our current era of higher education law begun under the Obama administration, Compliance University, we have seen unprecedented regulatory enforcement thrust upon American campuses. The new administration has made some statements about student lending, for-profit institutions, trade and community colleges, HBCUs, and has withdrawn guidance on transgender students under Title IX. Professor Lake will look into his crystal ball to see what may lie ahead for higher education in the future. Will we see a retreat from Compliance University?