BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month December 16, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

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

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About the Course

Introduction

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.

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.

Presented By

Erin Butcher
Of Counsel
Bricker & Graydon LLP

Ms. Butcher advises higher education entities on Title IX, athletics compliance and name, image, and likeness matters, and employment matters and is an experienced litigator and mediator. She serves as an education litigator licensed in Ohio, a Title IX investigator and hearing officer for colleges and universities, trains on the Title IX regulations for higher education institutions throughout the country and conducts climate surveys in related Title IX matters. Ms. Butcher enjoys the interactions with students, faculty, and staff these roles provide and the work required to best balance the law, the needs of the clients, and the needs of parties involved in difficult disputes. Before joining the firm’s Higher Education team, she represented state agencies and public colleges and universities in federal, state and administrative proceedings at the Ohio Attorney General’s Office. Ms. Butcher has also advised clients on employment and labor issues, trained human resources professionals, and assisted with public records and open meetings law-related issues.


Shiloh Theberge
Partner, Chair Higher Education
Fisher & Phillips LLP

Ms. Theberge advises and defends employers in matters involving claims of employment discrimination, harassment, retaliation, and wrongful discharge, as well as disability accommodation, wage and hour laws, whistleblower, and family and medical leave laws. She has a particular practice focus representing private and public higher education institutions and other schools in employment-related, student-related and Title IX cases, as well as day-to-day advising on student and employment issues and contracts. Ms. Theberge has successfully defended clients in both federal and state court, as well as before administrative agencies, including the U.S. EEOC. She also frequently acts as a neutral investigator in sensitive employment matters for both higher education institutions and other employers, addressing issues with care and consideration for all parties involved.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, December 16, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Title IX

A. Scope of application

B. Substantive issues

II. The professor/student relationship

III. Tenure decisions

IV. Unionization


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