University of Vermont Legal Issues in Higher Education September 2012

Transcription

1 University of Vermont Legal Issues in Higher Education September 2012 Presentation by Peg O Donnell Associate General Counsel for Policy and Compliance The Catholic University of America

2 Too Many Laws: Too Little Time Over 200 Laws IHEs must comply with Smaller campuses don t have compliance officers, and sometimes don t have in house counsel. Compliance is not a solo project. 1

3 Ø Even if you don t have a compliance officer on campus you can create a compliance program as long as you have a partnership with colleagues on campus. Ø Start with what you know. Ø CUA s compliance partnership started as an effort between OGC and IT to create a web resource with all laws listed so that colleagues on campus knew could understand the law and identify their role in implementing the law on campus. 2

4 Ø Start by finding out what is already in place on your campus. Ø How do changes in the law filter to your area? Ø Is this working? Ø Do you have a good working partnership OGC? 3

5 Ø Go to the Primary Source. Make sure your lawyer has had a chance to review any interpretations of the law. There has been a proliferation of what lawyers call *Law by Stationery* in the past few years. Ø The Dear Colleague Letter on Title IX (April 4, 2011) raised some issues on what the law actually required. 4

6 Ø The law is not always clear. Ø Example:2005 Campus Safety and Security Handbook gives contrary advice to 2011 Handbook on student alcohol or drug campus disciplinary actions Ø 2005 Count only the students for whom a disciplinary action is initiated Ø 2011 Count all who were referred regardless of whether disciplinary action proceeds. Ø Good time to check with your counsel. Ø Note DOE says the Handbook statements not necessarily representing their view. 5

7 Ø CUA created a road map for compliance Ø We identified all actions required by law (such as posting, filing a report, collecting data, disclosing information, etc.) and figured out who on campus owned that task. There are our Compliance Partners ) Ø Each compliance partner has their own web page. Ø Works well most of the time. Ø Dovetails with the University s Compliance and Ethics Program (compliance.cua.edu) 6

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10 Ø We hold luncheons and invite different offices over to talk about legal issues they are having. Any group on campus can invite another group over for lunch to talk about partnering on a topic. 9

11 Ø We are invited to present at orientations, new faculty training and other events. This creates an opportunity to invite staff and faculty to partner with us. Use Humor wherever possible. 10

12 Ø Hire an outside party to train on a topic. No vested interest in one silo or the other, so this new person might be able to bridge. Ø Work around the non-player if you cannot work directly with them. Ø In rare instances, do the work for the non-compliant player and let them take the credit. They might get invested in being compliant once they get the positive feedback from colleagues. Ø If it is important enough, don t be afraid to escalate. 11

13 Ø Join your professional association Ø Attend trainings Ø Bring back what you have learned to others on campus Ø Don t swamp them but share judiciously Ø Join a listserv through your professional organization 12

14 Ø Identify High Risk areas Ø Work with your compliance officer Ø If you don t have a compliance officer, lobby for one Ø Ask the General Counsel to share NACUANOTEs and other materials with you on topics you are interested in. Ø Keep on top of pending legislation that will affect your area, and if you have a lobbyist, relay your concerns. 13

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16 Ø Analyze why the silos exist Ø Be ready to offer models from other schools of how a particular issue can be tackled. Ø Read up on best practices 15

17 Ø #2.5 Integrate Faculty and Staff from different disciplines and areas in University-wide professional development/leadership training to increase their exposure to other University personnel, programs, challenges and solutions. (from Penn State Report by Special Counsel) Ø Transparency and Integration will be the goal after Penn State Ø More of an imperative to move away from silos and toward oversight across boundaries. 16

18 Ø There are plenty of resources for compliance. Ø Might not be enough time to read all the resources. Ø Next few slides will show you some of the top resources. Ø Arizona State has a number of resources as well, in addition to the slides that follow. 17

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