Employment Law in Higher Education: Title IX, Professor/Student Interactions, Tenure, Application of Labor Laws

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, May 16, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide employment lawyers an in depth view of the particular statutes, regulations, and decisions that govern employment and labor law at colleges and universities. These differences can be more restrictive than general employment and labor law and can vary by state. Thus, thorough knowledge is required to competently advise clients in this arena.
Faculty

Ms. Atkins has over 25 years’ experience as legal counsel providing litigation defense, contract negotiation, client counseling, and day-to-day legal advice to public and private employers, colleges and universities, academic medical centers, clinical affiliates, multi[1]campus systems, boards, vocational schools, private employers who partner with institutions, clinical practicum programs, and private internship, cooperative education (classroom-based education combined with practical work experience), and apprenticeship programs. She spent seven years as litigation and in-house counsel for the University of Tennessee System and the UT Health Science Center. She has served as general counsel for a mid-major, division I, Carnegie-classified doctoral/high research, land-grant university; as associate general counsel for the sixth-largest higher education system in the United States; and as an assistant general counsel for a major, division I, doctoral/very high research land-grant University and multi-campus system. She is also a former University Chief of Staff and a former Assistant Attorney General, a role in which she successfully defended numerous lawsuits against higher education institutions, board members, officers, faculty, and staff. Her practice includes Title IX investigations, training, and litigation defense, sexual misconduct investigations, complaints, and training, Title VII, the ADEA, the Clery Act, Title VI, the ADA, the FMLA, the Rehabilitation Act, FERPA, Academic Affairs, distance education, online degree programs, procurement, contracts, employee and student discipline, among other matters.

Mr. Thelen has worked as both a labor and employment lawyer in private practice and as general counsel or chief legal officer at public and private higher education institutions. His experience includes overseeing and advising on HR and labor relations, executive employment performance management, strategic risk management, and litigation defense.
Description
Higher education institutions present a mountain of situations that call for the involvement of employment lawyers, ranging from exposure to professor/student harassment claims to issues concerning the labor status of students, including student-athletes. Because federal and state law govern rights in this milieu, practitioners must be conversant and current in each.
An employment lawyer cannot rely on knowledge of "regular" employment law principles when advising higher education clients. Although Title VII certainly applies to colleges and universities, Title IX plays a more significant role by prohibiting sex discrimination in education, covering all staff and students in any educational institution or program that receives federal funds.
The labor and employment relationship in higher education differs from other workplaces. For example, a tenure decision is essentially a decision to promote an employee to a higher level. However, granting tenure creates more complications than a typical employee promotion. Rather than one manager in charge of the "promotion" by tenure, votes among the faculty play a role. Further, unionization of faculty, instructors, and even student groups adds complexity.
Listen as this panel, deeply versed in both the labor and employment issues at colleges and universities, provides the guidance necessary to practice in this area.
Outline
- Title IX
- Scope of application
- Substantive issues
- The professor/student relationship
- Tenure decisions
- Unionization
Benefits
The panel will review these and other essential matters:
- The differences between "standard" employment practice and the higher education area
- Governing statutes with particular application to higher education
- Fact patterns unique to higher education
Unlimited access to premium CLE courses:
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Unlimited access to premium CPE courses.:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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- Best for legal, accounting, and tax professionals
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