Eleventh Annual Symposium: Representing Accused Students

In 2011, after years of criticism for being too lax on campus sexual assault, the U.S. Education Department’s Office for Civil Rights (OCR) sent a Dear Colleague Letter (2011 DCL) to colleges and universities encouraging schools to become more aggressive in the investigation and adjudication of sexual violence complaints. The DCL, as well as subsequent guidance and statements provided by OCR, compelled colleges and universities to change drastically their former policies and procedures out of fear that the Department of Education would pursue violations of Title IX against them that could lead to the revocation of all federal funding. Many, including numerous federal courts, observed that the procedures adopted by schools in response to the 2011 DCL were often lacking in basic due process protections.

In 2017, the Department of Education withdrew the 2011 Dear Colleague Letter. In a letter from the Department’s Office for Civil Rights, OCR observed that prior actions by institutions “may have been well-intentioned, but… led to the deprivation of rights for many students—both accused students denied fair process and victims denied an adequate resolution of their complaints.” In 2020, the Department of Education released a Final Rule that prescribed a new grievance process with increased due process protections for students. The Biden Administration had promulgated new rules in 2024, but case law rulings vacated the 2024 rules and the current Department of Education has made it clear that the 2020 regulations are in full force and effect.

Court decisions continue to shape and influence the legal landscape. This Symposium features attorneys with experience in handling student conduct hearings at various stages, and those who handle subsequent litigation.

Sponsoring Law Firms:

Allen Harris Law

Clark Hill

Dillon PLLC

DLA Piper

Engel & Martin, LLC

Offit Kurman

Rosenberg & Ball Co., LPA

AGENDA

8:00 – 8:30 Registration, Breakfast, Welcome

Recognition of Phil Byler

• Speaker: Charley Wayne

8:30 – 10:30 Caselaw Update

• Speaker: KC Johnson

10:30 – 10:45 Break

10:45 – 11:30 Settlements

• Speakers: Eric Long and Eric Rosenberg

11:30 – 12:15 State Court Quirks

• Speakers: Kimberly Lau and Mark Hathaway

12:15 – 1:45 Lunch and Lunch Panel Q&A

• Speakers: Justin Dillon and Josh Engel

1:45 – 2:30 Academic Misconduct and AI

• Speakers: Patricia Hamill and Laura Struve

2:30 – 3:30 Collateral Consequences

• Speakers: Ellen Brotman, Amy Kulb, Hanna Stotland

3:30 – 3:45 Break

3:45 – 4:30 Employee and Faculty Representation

• Speakers: David Nacht and Samantha Harris

4:45 -- 5:00 Concluding Thoughts

PRE-SYMPOSIUM DINNER

A casual dinner will be held on Thursday, November 6, 2024. This is an opportunity to meet other attorneys who work on behalf of accused students in an informal setting.

PLEASE NOTE: DINNER INVITATIONS WILL BE LIMITED TO TWO PERSONS FROM EACH LAW FIRM

Dinner is sponsored by

Dillon PLLC

Clark Hill

Allen Harris Law

Details to be provided. Space is limited, please indicate interest at the time you register for the symposium.

CLE INFORMATION

CLE Credits will be requested from appropriate states. In order to receive CLE Credits you MUST register for CLE credits AND email the Symposium Organizers ([email protected]) with your request at least fourteen days in advance of the Seminar.

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