Lunch with Lawyers. Presented by: Elizabeth Brody Gluck, Esq Brett A. Sokolow, Esq. Carolyn Reinach Wolf, Esq.

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1 Lunch with Lawyers Co sponsored by NCHERM, Verrill Dana, LLP, and the Abrams Law Firm Presented by: Elizabeth Brody Gluck, Esq Brett A. Sokolow, Esq. Carolyn Reinach Wolf, Esq. Location: The Offices of Verrill Dana, LLP Portland, Maine Date: Thursday, November 19 th, 2009 Time: Seminar from 9:00am to 12:00 noon, followed by lunch with the lawyers, provided by Verrill Dana, LLP Seats are limited, so register by Friday, November 13 th, 2009 Cost $149 per person $135 each for members of ASCA Circuit 1, which is co sponsoring this event Send a team of 6 or more for $100 each. Contact Kate Halligan at NCHERM for details kate@ncherm.org Why Would You Want to Have Lunch with Lawyers? Because you will be hungry after an engaging morning of dialogue, interaction and case studies. This seminar is framed around three case studies, with one presented by each of the three expert presenters. Each attorney has a deep level of practice and experience in higher education law and campus issues, and will bring highly honed problem solving skills to each case study as we unpack each one and discuss as a group.

2 THE TOPICS: Case Study #1: Student on student sexual assault, with an online cyber harassment and stalking aspect. Off campus. Threatening. Predatory? We re hearing rumors. How should we react? Does the victim want to come forward? How do we protect her if she does? Can we address the online behavior, or is it outside our jurisdiction? What does a recent OCR Finding regarding online harassment teach us? How should we interact with local law enforcement? What are the Clery Act and Title IX implications? Facilitation to be led by Brett A. Sokolow, Esq., Managing Partner, NCHERM Case Study #2: A female student has appealed your conduct board decision that she is in violation of your student code of conduct. She was found in violation of your policy against harm to others, for causing a fight with another student. You are the VP for Student Affairs, the appeals officer for your campus. You have to determine whether to grant the appeal, and what to decide if you do grant it. The complaint alleges that the appellant called an African American female student a racial epithet, and when challenged, refused to apologize and cursed out the African American student. Who threw the first punch is debated, but both students wound up rolling on the ground locked in battle. At the hearing, the appellant was accused of fighting, found in violation, and subjected to expulsion from housing. On appeal, she alleges that she asked to introduce evidence of her documented disability, Tourette's Syndrome, and was told by the hearing officer that they focus only on behavior, and her disability was not relevant. On appeal, she is asking the VP to reconsider, arguing that her disability caused her to utter the epithet, and caused the ensuing fight. What should you do? In this case study, we'll examine ADA implications and case law that may surprise you, as well as critically examine common student conduct practices in cases of this kind. Facilitation to be led by Elizabeth Brody Gluck, Esq., Partner, Verrill Dana, LLP Case Study #3 Suicidal student who returns to campus from the emergency room after a suspected suicide attempt. What if the student is not cooperative? We can t get medical records. We don t know if he left the ER after being neglected by triage on a busy night, or if he left AMA. What is the role of parental notification? Should we consider interim suspension? What are the lessons of the Jordan Nott case? Shin v. MIT? What implications does this have for the Clery Act, FERPA, ADA and Section 504? Is this a matter for the campus behavioral intervention or threat assessment team? He s been seen in the counseling center. Can we ask them what they know? What can they share? Is there a danger to this student and/or the community? Facilitation to be led by Carolyn Reinach Wolf, Esq., Partner, The Abrams Law Firm Come to this seminar, and together, we ll generate practical, constructive answers to all these questions and your own. We look forward to interacting with you. Materials and slides will be provided to all registrants.

3 INTENDED PARTICIPANTS: Student Affairs Administrators, Judicial (Student Conduct) Administrators, University Legal Counsel, Risk Managers, Human Resources Staff Disability Services Personnel Residential Life Administrators, Campus Law Enforcement, Student Activities and Student Development Staff Faculty Counseling Services Personnel Health Services Staff Campus Crisis Response Teams, CISDT, and Behavioral Intervention Teams PRESENTERS: Elizabeth Brody Gluck, Esq. is a Partner in Verrill Dana s Boston office and focuses her practice in the areas of health, business, and higher education law. She serves as Chair of the Firm's Higher Education Industry Group. Liz is a cum laude graduate of Dartmouth College and received her law degree from Northeastern University School of Law. She began her legal career at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., where she practiced in the firm s health care section for approximately ten years. She then spent five years as Vice President, Legal Counsel to Analysis Group, Inc., an economic and strategic consulting firm with offices in Boston and nine other major metropolitan areas in the United States and Canada. She now focuses her practice on college and university student health and safety matters, advising higher education clients on risk management and best practices regarding student mental health issues, FERPA and HIPAA compliance, student medical leave policies and practices, Clery Act and other campus safety matters, disclosure and maintenance of student health records, and parental notification and disclosure issues. Liz also assists in the development of campus behavioral intervention teams and, through Verrill Dana, is a partner with NaBITA, the National Behavioral Intervention Team Association. Brett. A. Sokolow, J.D. is the Managing Partner of NCHERM ( a national multidisciplinary consulting firm dedicated to helping colleges and universities manage risk by advancing student health and safety. NCHERM serves 12 campuses as outside counsel/advisor, and serves as a consultant to hundreds of other colleges and universities. Sokolow is the author of ten books and more than fifty articles on student affairs law and policy topics. He is the Editor Emeritus of the Report on Campus Safety and Student Development. He serves on the Board of Trustees of the Council on Law in Higher Education (CLHE). Mr. Sokolow is on the Directorate Body of ACPA s Commission on Student Conduct and Legal Issues. He has recently co authored, A Model Approach to Behavioral

4 Intervention and Threat Assessment, and co authored an article for the Journal of College and University Law, College and University Liability for Violent Campus Attacks (April 2008). Sokolow is one of the founders of NaBITA, the National Behavioral Intervention Team Association ( This membership association is dedicated to the support and professional development of campus, corporate and school behavioral intervention teams and models. Carolyn Reinach Wolf, Esq. is a senior partner of the Abrams law firm on Long Island, NY and is responsible for the mental health law practice area. She holds a J.D. from Hofstra University School of Law, an M.S. in Health Services Administration from the Harvard School of Public Health and an M.B.A. in Management from the Hofstra University School of Business. She is admitted to practice in New York State and Federal Courts as well as the U.S. Supreme Court. Prior to practicing law, Ms. Wolf is a former hospital administrator and Director of Risk Management. Ms. Wolf s practice concentrates in the areas of mental health and health care law. Ms. Wolf is a frequently invited speaker and a consultant to college and university counseling centers and administrators throughout the country regarding mental health law issues. These issues include: the increasing rate of student suicides, serious mental illness on campus, drug and alcohol abuse, date rape, law enforcement, confidentiality, parental notification, documentation and the increasing liability of campus staff, administrators, mental health professionals and the institutions themselves. TRAVEL LOGISTICS: The Law offices of Verrill Dana are easily accessed by highway and the Portland Airport The address is: Verrill Dana, LLP One Portland Square Portland, ME Their historic building overlooks the old port and Casco Bay. Lunch is included with your registration fee. REGISTRATION: Register online here or download the.pdf registration form to pay by cheque here.

5 THE NATIONAL CENTER FOR HIGHER EDUCATION RISK MANAGEMENT Lunch with Lawyers Co sponsored by NCHERM, Verrill Dana, LLP, and the Abrams Law Firm Presented by: Elizabeth Brody Gluck, Esq., Brett A. Sokolow, Esq., and Carolyn Reinach Wolf, Esq. Date: Thursday, November 19 th, 2009 USE THIS FORM FOR PAYMENT BY CHEQUE, ONLY. CREDIT CARD PURCHASERS PLEASE REGISTER ONLINE AT REGISTRATION $149 PER PERSON REGISTRATION $135 FOR ACSA CIRCUIT 1 MEMBERS $ TOTAL NAME TITLE INSTITUTION ADDRESS ADDRESS TELEPHONE FAX E MAIL Please make cheques payable to: NCHERM COMPLETE THIS FORM AND FAX OR MAIL TO (fax just this page, please): NCHERM 20 Callery Way Malvern PA Phone (610) Fax (610) E mail: ncherm@aol.com Website: