For example, a college may violate Title IX if it offers a sports team for one gender with no alternative option for the other. Other violations may include preventing a pregnant student from attending classes or extracurricular activities. non-compliance with sexual assault reporting and policy enforcement rules and procedures; and the failure to protect students facing negative consequences, increased harassment or discipline for filing a complaint or claim under Title IX. Data from the Center for Adolescent Research and Education and SADD show that the first semester of university exhibits risky behavior. Somewhere between one-quarter and one-half of all first-year students experienced risky behaviours such as alcohol use, drug use, impaired driving, intimate sexual behaviour and sexual intercourse for the first time. School boards should be aware of the need for education and prevention efforts before entering college and in the early stages of the college experience. Higher education institutions operate in a complex legal environment that includes laws relating to financial aid, licensing, licensing, and data protection. Failure to comply with these laws can result in costly lawsuits, negative attention, and loss of federal funds. Two issues stand out when it comes to compliance issues in higher education, namely the cost of compliance and maintenance in response to the large number and rapid evolution of regulations. Vanderbilt University and the Boston Consulting Group assessed the university`s compliance costs in 2015 and found that they spent $146 million in the 2013-2014 academic year, representing 11% of their non-hospital operating budget. The University of North Carolina reports compliance costs of 7% to 8% and smaller schools also spend about 7%. Universities have about 265 regulations to follow, which are difficult to maintain.
Ryan C. Holmes: And so there are ways to deal with these things, like, you know, these legal issues, these legal issues and the ones that they deal with. And I sometimes think that if you, someone like me who has taught higher law and politics and has also taught ethics courses, if you don`t see it, you can know Jess enough to be dangerous. And I also think I didn`t do everything right as a practitioner, but I still got a job, but I was never a court document. I do some things, don`t I. I think practitioners would do well to note when they should consult with their general counsel. And sometimes, you know, most of the time you want to do that instead of putting yourself in a position where you need to be saved from something. But I would also say that it also depends on the culture of your institution, at some point, a general council or your legal opinion can be exactly that advice.
Keith Edwards:I I want to try to get us to some of the questions that come up before Jessica and John, anything you want to add to Ryan`s voice here. According to AGB, the top 10 legal issues in higher education are: John Wesley Lowery: Well, and it worked the other way around. An individual or organization had been regularly filing complaints with the U.S. Department of Education for several years about the accessibility of institutional websites for people with visual impairments. And it was, you know, a very small group of activists who used the process to hold institutions in a way that didn`t happen otherwise. And that was it. I think so. Hundreds of complaints.
Ryan C. Holmes: Well, first of all, I want to thank you, Keith, for inviting me to be in this room. You know, every time I get the chance to share space with John and Jessica, I mean, it`s simply, just wonderful. Ryan Holmes, my current position is now Vice President of Student Affairs and Dean of Students at the University of Miami in Florida. The areas in which I currently supervise myself are student behavior and conflict resolution, crisis response of Greek students, alcohol and other drug education, veterans` services, pastoral association for religious life. Previously, I also supervised the accommodation office and the advice centre. So, pretty much anything that can cause you legal problems. You know, I think I had some supervision or work there. And so I`ve been in higher education for 18 years now, just happy to be here. And I`m also from Shreveport, Louisiana, I`ve lived in Pennsylvania, in the DC area of Texas, and now I`m here in Florida. Such different points of view, but excited to be here and watch the conversation.
Dr. Ryan C. Holmes is Vice President of Student Affairs and Dean of Students at the University of Miami (FL). Dr. Holmes oversees policies and procedures governing student conduct, Greek life, the student crisis, alcohol and other drug education, veterans` services, and the chaplains` association. He holds a Master of Arts in Counseling and Personnel Services from the University of Maryland-College Park, a second Master of Arts (MA) in Bilingual/Bicultural Studies from La Salle University, and a PhD in Leadership and Educational Administration from UTEP. Dr. Holmes also advises on social justice, bias (related to race, gender, and other immutable characteristics), student behavior, conflict resolution, higher education law/policy, and rights. UVM Legal Issues in Higher Education is one of the country`s leading conferences on college and university topics. Over the course of the four-day conference, leading experts will explore topics as diverse as campus communities and police, student mental health issues, and cannabis on campus through 12 live sessions, 20 recorded presentations and 15 panel discussions.
Jessica Salazar: So I`m going to start with a question that`s completely selfish for me and all my colleagues who work in higher education law. One of the main things I`d like practitioners to keep in mind is that any document you create could potentially be a courtroom exposure. And I think in a lot of institutions, especially public institutions, there are open records laws where people can request all the emails that the president has sent like this, and so from that moment to that time, and we have to reverse them, it can come pretty much like a shot, Like a shock to some people. When everything is so open. That`s one of the things I really try to point out at work, is that it`s okay to pick up the phone while you`re writing emails, take the time to really look at it, send it after careful consideration, and then follow your document retention policy. The legal landscape of higher education continues to develop rapidly and relentlessly. On the threshold of the third decade of the new millennium, it is worth pausing to take stock of the increasing complexity and sophistication of higher education law. The compliance and regulatory burden on today`s colleges and universities has grown exponentially since the turn of the century. For today`s public institutions, contractual issues often rely on meeting government requirements and a willingness to enter into creative and sophisticated agreements with a large number of new partners.