April 12, 2003 Copyright 2003 Washington and Lee University

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Legal Resources for the Small-College Registrar

Jennifer E. Kirkland, Esquire

April 12, 2003 Copyright 2003 Washington and Lee University

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Overview

• This presentation will provide tips on:

– IDENTIFYING– LOCATING– ORGANIZING

the legal issues and complianceresources relevant to your operations.

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How do you IDENTIFY legal issues that matter to your

office?

I = identify

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How do you LOCATE relevant educational and compliance

resources?

L = locate

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IL#1: AACRAO

• Use the online resources, people, and publications of your national professional association!

• AACRAO’s business is to address education and compliance in the areas of your daily operations.

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AACRAO Website = www.aacrao.org • Get to know all that this site offers!

– Federal Relations (new legislation, AACRAO advocacy on key legal issues)

– Compliance (educational and practical compliance information on FERPA, Solomon, Voter Registration, Campus Security, IPEDS / SRK, and more – with technical assistance email contacts)

– Publications on relevant legal issues– Resource Center (search and download materials

prepared by peers and legal counsel on relevant topics)– Useful Links (links to other educational organizations,

federal sites, and listservs)

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IL#2: Your State Organization

• Use your state organization’s online resources, people, and publications.

• State organizations can be particularly helpful with record retention planning, voter registration laws, and other issues with specific state laws or guidelines.

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IL#3: LISTSERVS

• Use select listservs as a means of identifying issues, getting cites to compliance information, posing questions to colleagues, staying on top of developments.

• DON’T OVERDO your subscriptions – listservs can be a second career!

• See www.aacrao.org/useful_links for select listservs.

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Regist-L: An Electronic Discussion List for College and University Registrarswww.samford.edu/groups/sturec/regist-l.html

SCR-L: Small College Registrar’s Listwww.samford.edu/groups/sturec/scr-l.htm

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IL#4: Colleagues and Contacts

• Make your own “listserv” by starting a group email list with colleagues on specific topics.

• Maintain an up-to-date record of contacts in government agencies, contacts on particular topics within AACRAO/state organizations, etc.

• Schedule periodic, informal meetings with colleagues to share information and compliance resources.

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IL#5: Meetings and Workshops

• Take advantage of substantive seminars and workshops offered by AACRAO, state organizations, government offices, private law firms, other higher education organizations,etc.

• Many of these are free of charge, or virtual seminars, the cost of which can be shared by several institutions.

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IL#6: Websites

• Make a “favorites” list of governmental and other organization websites that can help you identify and locate important information.

• Look for specific compliance information, not merely text of laws and regulations.

• Look for sites that are kept up to date!

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A Few Favorite Websites• National Association of College and University

Attorneys http://www.nacua.org (What’s New and Legal Links)

• The Office of General Counsel, The Catholic University of America (Campus Legal Information Clearinghouse) http://www.counsel.cua.edu (Topical Resources, Compliance Calendar, FedLaw, Online Newsletter)

• Council on Law in Higher Educationhttp:www.clhe.org (Topical Resources, What’s New, Memos for Members)

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IL#7: Get on Update Lists• You may wish to sign up for weekly or other timely

updates on legal issues in your federal circuit, or at the U.S. Supreme Court. (e.g., at FINDLAW.com)

• Other organizations may publish newsletters or email alerts as a benefit of membership or a means of marketing (e.g., CLHE monthly newsletter and member memos; law firm websites; NACUA Notes.)

• Your legal counsel may circulate legal updates to Provost, Deans, or other administrators. Get on the internal list to receive relevant updates.

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IL#8: Other Offices on Your Campus

• Integrate with other administrative offices on campus to identify common legal risks and obligations, to share publications, listserv information, seminars, etc., and to work consistently toward compliance.

• E.g., SEVIS – Financial Aid, Business Office, Academic Advising, Registrar, International Education Office, Legal Counsel, and Computing should be involved.

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IL#8: Other Offices on Campus (cont’d)

• Take advantage of virtual and teleconference seminars to involve multiple offices on your campus and adjoining or nearby institutions without additional fee.

• Circulate publications of interest to multiple offices – avoids duplicative subscriptions and allows for more resources. Be mindful of copyright restrictions in circulation practice.

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IL#9: Don’t Rely on Obsolete Resources!

• Check the publication date of hard copy resources. Depending on the nature of the subject matter, a few years old could make a resource obsolete.

• Be sure to check that online resources are up to date!

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Key Resources on Legal Topics for Registrars and Admissions Officers

• The following slides will provide a few good resources on each of the specific topics.

• Additional resources are identified in the appendix to this presentation, which will be available on the AACRAO Resources page at www.aacrao.org/resource_center/index.htm

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Record Keeping: Retention and Disposal

• www.aacrao.org/compliance

• Retention of Records: Guide for Retention and Disposal of Student Records, (2000) AACRAO.

• Check with your state organization re: state retention/disposal requirements.

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Student Records: Access, Amendment, Disclosure

• www.aacrao.org/compliance (FERPA, Solomon)

• The AACRAO 2001 FERPA Guide, (2001) AACRAO.

• www.counsel.cua.edu/ferpa/• www.ed.gov/offices/OM/fpco/• Email Family Policy Compliance Office

FERPA@ed.gov

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NCES / IPEDS / SRK (Data reporting and Disclosure)

• www.aacrao.org/compliance

• clhe.org/dataanalysis/index.shtml

• www.nces.ed.gov/ipeds/

• IPEDS Helpdesk (1.877.225.2568)

• E-mail ipedshelp@rti.org, IPEDS@ed.gov

• Student Right-to-Know Act & Graduation Rate Survey, (2000) AACRAO.

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Voter Registration

• www.aacrao.org/compliance

• www.fec.gov/votregis/vr.htm

• www.vote-smart.org/

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International Student Information

• www.counsel.cua.edu/immigration

• www.uga.edu/gaie/intllinks.htm

• www.upenn.edu/oip/iss/info.html

• www.nafsa.org/

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Campus Security Reporting (Clery Act)

• www.aacrao.org/compliance

• www.counsel.cua.edu/security

• clhe.org/campussecurity/index.shtml

• www.ed.gov/offices/OPE/PPI/security.html

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Disability Accommodations (ADA/504)

• www.counsel.cua.edu/ADA

• clhe.org/disabilitylaw/index.shtml

• www.jan.wvu.edu/links/adalinks.htm

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Veterans’ Education

• www.gibill.va.gov/education/Certify.htm

• clhe.org/veterenseducation/index.shtml(URL does contain the misspelling)

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Copyright Issues

• www.counsel.cua.edu/copyright

• www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm

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Personnel Issues

• www.counsel.cua.edu/

• counsel.wlu.edu/tutorial/

• www.eeoc.gov/

• www.dol.gov/elaws

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Athlete Information

• NCAA Manual (specific to Division), NCAA

• www.ncaa.org/

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How Do You ORGANIZE legal and compliance information for the faculty, staff, and students

you serve?

O = organize

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O#1: Be user friendly!

• Think like an information consumer. We’ve all tried to find information on poorly organized web sites – don’t hide the ball!

• Choose your headings and keywords carefully.

• Cross-reference information thoroughly.

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O#1: Be user friendly!(cont’d)

• GOOD WORDING:– Student Records / FERPA / Buckley Amendment– Disability Accommodations / Americans with

Disabilities Act or ADA – Disclosures of Student Information to Military

Recruiters / Solomon Rule

• UNHELPFUL or POOR WORDING:– SEVIS (without explanation or description)– Clery Act Reporting (without description)– Handicapped Students (obsolete reference)

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O#2: Categories of Helpful Information

• What’s New

• Notices / Policies / Forms (link to one master, so updates will be reflected)

• Tutorials / Q&As / Summaries

• Links to other helpful resources (text of law, regs, agency guidance, other good compliance information)

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O#3: Use and Publicize Your Colleagues’ Helpful Websites

• Get permission to link to helpful websites created on other campuses, by registrars, college counsel, etc.

• Ask source to notify you of updates to power points, articles, or other items that you include on your site.

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O#4: Use Disclaimers

• Use disclaimers:– information not constituting legal advice, for

informational use only– policies subject to change and not constituting

contract– no guarantee of accuracy / timely updating of

information provided in linked material

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O#5: Track Updates

• Track policy, catalog updates or identify office and source of up to date information.

• Date information as posted so reader can check for subsequent developments.

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Questions?

• For questions, please contact:Jennifer E. Kirkland, EsquireOffice of the General CounselWashington and Lee UniversityLexington, VA 24450540.458.8929 / 8940jkirkland@wlu.edu

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Updates to this Presentation

To view updates to this presentation as they are developed, please visit the web page of the Office of the General Counsel at Washington and Lee University, at http://counsel.wlu.edu/tutorial.