Higher Education Risk Management
Certification Institute (HERM-CI)
August 11 & 12, 2016 in Philadelphia, PA
Hosted by Temple University
Early bird registration deadline is Friday, July 1, 2016.
Registration deadline is Friday, August 5, 2016.*
Questions? Contact The NCHERM Group at (610) 993-0229
The Higher Education Risk Management Certification Institute (HERM-CI) is an intensive two-day immersion in The NCHERM Way. We’ll teach you how to do what we do, and how to bring our proven techniques of holistic risk management home to your campus. The NCHERM Group plans to host two regional HERM-CI events each year, in which you will receive certification in the effective risk management practices that have made us the leader in the field. With issue after issue, The NCHERM Group has had risk management structures in place well before those issues were top-of-mind for higher education. Our farsightedness isn’t luck, and we’ve designed this two-day certification curriculum specifically to prepare you for the legal environment of today, but more importantly, for the challenges of tomorrow.
Our expert faculty is comprised of the top names in the field, and our curriculum is deeper than other law and policy conferences because of our intensive institute format. HERM-CI is more than just professional development — it is designed to build professional expertise around critical competencies. Your HERM-CI certification, like other certifications we offer, is a valuable credential that is sought by employers and respected in the courtroom. The NCHERM Group and its associations have certified more than 8,000 higher education professionals in the last five years.
Attending a HERM-CI is an investment that pays tangible dividends by helping to keep your campus out of the headlines, off the OCR docket, out of the courtroom and on the good sides of your President and Board of Trustees. Our goal is to keep you focused on bringing excellence to your professional role without the time-consuming and costly distractions experienced by those who don’t prioritize risk management in their daily administrative practice. The onslaught of litigation we’ve experienced over the last couple of years in higher education isn’t an inevitability. We don’t accept that it’s the new normal. We can turn it around. We can show you how.
This course is designed for the following:
- Risk Management personnel
- Prevention specialists
- Title IX Coordinators
- Human Resources Chief Officer and personnel
- Student Conduct personnel
- Student Affairs administrators
- General Counsel and outside attorneys
Once the course is completed, you will receive your certification from The NCHERM Group. Certificates for this training event will be provided to you electronically via our Continuing Certification Credit (CCC) program system. A member of our team will be in contact with you via email with instructions on accepting your certification credits in the 7-10 business days following the completion of this course.
Please note that CCCs are unique to the growing field of school and college risk management and are issued by The NCHERM Group, LLC. This program is not accredited by any third-party agency. CCCs are a profession-specific approach to quantifying training and professional development in the higher education risk management field. Accordingly, CCCs are not directly transferrable to CEUs or CLEs, though we will provide documentation in support of retroactive use of CCCs for such credit, on request.
Thursday, August 11
9:00am to 1:00pm — Case law review
2015-2016 has been one of the most litigious time periods in the history of higher education, with lawsuits spanning every topic from due process to free speech to tenure, negligence and sexual misconduct. This four-hour session digests the most significant cases for attendees, to identify trends and help us to understand the trajectory of future potential litigation so that we can make our best efforts at keeping our campuses out of the headlines and the courtrooms.
2:00pm to 4:00pm — Two-hour optional breakout on case law review
6-8 cases reviewed in the morning will be highlighted in this breakout, not for their facts, but for in-depth discussion of their take-aways, and what practices attendees can implement or avoid, to incorporate the message of the courts into their campus risk management programs.
2:00pm to 4:00pm — Managing Investigations
While much time and attention is paid on college campuses to performing investigations, very few trainings hit the nuts and bolts of investigation management, and the best practices that those managing investigations need to bring to this task. The presenters in this session have managed complex investigations involving sexual misconduct, hazing and discrimination. Their practical advice, including do’s and don’ts, will make the take-aways for this topic incredibly valuable to participants, including:
- Strategizing the game plan
- Timeline compliance
- Involving general counsel
- Managing the communication protocol
- Avoiding micromanagement
- Complex case techniques
4:15pm to 5:30pm — The Anatomy of a Title IX Lawsuit
Who is suing whom, for what, and what kind of success are they having? Title IX is an ever-broadening cause of action, with courts entertaining suits by victims and accused students. More than 110 new cases have been filed by accused students alone, and now victims are starting to allege erroneous outcome as well. How will this impact on courts’ historical disinclination to relitigate the underlying facts of a case? How can naming the victim in a defamation claim get the underlying claim relitigated in front of the jury? We’ll explore the “before” and “after”theories of deliberate indifference as well as the increasing use of selective enforcement and erroneous outcome causes of action. What does it take to survive a motion to dismiss in federal court, and how can campuses better defend themselves against such actions? How is the increased involvement of attorneys in the campus resolution impacting later litigation, and what is all this talk of campuses cutting deals with accused students as an end-run around Title IX? These questions and more will be addressed in this session.
4:15 to 5:30pm — Roundtables facilitated by faculty
- First Amendment
- Intersection: Title IX & FERPA
Friday, August 12
9am to noon — Hot Topics in Title IX
This session, offered by the nation’s foremost Title IX experts, will address a series of top issues within Title IX that administrators need to have on their radar screens, including new information from OCR.
- Mandated Reporters and Confidential Resources
- The Title VI, Section 504 and VAWA Coordinator role
- The courts and the investigator model
- Notification of outcomes
- The ways that advisors are re-shaping how campuses process Title IX allegations
- How to survive high profile cases
- Implementing climate survey data — the three-year action plan
- Ethics issues for Title IX administrators
- Conflict-of-interest issues for Title IX administrators
- What will OCR look like after 2017?
9:00am to noon — Due Process and Student Conduct
This session takes a deep dive into student conduct practices from the risk management perspective. How do we craft and implement student discipline while minimizing the risk of collateral attack on our decisions in the courts? The expert presenters will frame key questions as well as engage discussion with the audience on topics such as:
- Should sexual misconduct reside within student conduct or external to it?
- Training regimens and proof of training in litigation;
- How should we be looking at interim suspension in sexual misconduct and organization misconduct cases? What are the acceptable bases for interim actions today?
- Avoiding the Temporary Restraining Order;
- How to manage the appeals runaway train;
- Hearing, an option or a right?
- How do we incorporate investigation functions into student conduct cases that don’t involve sexual misconduct?
- How can we use the code to decrease the bystander effect?
- Vague words in the code — what is litigated and how can we better protect and defend?
- Defensible sanctioning practice;
- The mission-centered code as risk management;
- Flexible practice and multi-model resolution frameworks.
1:00pm to 3:00pm — Hazing and Organizations Risk Management
The expert presenters will facilitate case-study and scenario-based discussion of the challenges and effective practices for prevention and response to hazing and other forms of organizational misconduct. The session will use cases currently in the news to spark conversation and reflection on how they might be handled differently and with more effective risk management.
1:00pm to 3:00pm — Legislative Horizons
New law is always just behind us, in the hopper, or in the not-too-distant future. Join the foremost policy expert in higher education, to learn where legislation has taken us, and where it will take us in the future. This session will review recent legislation as well as new legislation on the horizon for which you can begin preparing today. What’s new from OCR? What kind of omnibus campus safety provisions should we be preparing for? Are FERPA amendments coming down the pike? What about legislation mandating behavioral intervention teams? What do we make of the state-by-state laws impacting due process, and will Congress take up a federal version of some kind? These questions and yours will be addressed by Dr. John Wesley Lowery.
1:00pm to 3:00pm — Protests and Student Activism
The last of the Millennials to make their way through college are social justice activists. They want to leave their mark, and aren’t bashful about making demands, occupying buildings and harnessing social media to effect social change. Bringing down a dean or a president is symbolic, and they are as interested in symbolic change as in actual change. The issues important to them are inclusion, diversity, race, sexual violence, sexual harassment, climate, inequality, historical reckoning, and more. Administrators can’t be tone deaf today, or you’ll soon have their treadmarks on your back. This session will examine topics including student lists of demands, the faculty/staff role in encouraging student protests, and protest management itself. Special attention will be paid to managing the media cycle and ways to invite conversation about organizational change that can either provoke a crisis or defuse the potential for traumatic confrontation.
3:30pm to 5:00pm — Closing Q&A Panel with All Faculty
This wrap-up session will start with five minute summary statements from each faculty member, discussing the key take-aways that participants should bring back to their campuses. Then, the certification institute will close with Q&A with participants and discussion by the faculty panel of future horizons and areas to watch in 2017.
Early Bird Registration (Register by July 1, 2016)
- $999 for an individual attendee
- $799 each for a group of three or more
Regular Registration (After July 1, 2016)
- $1,250 for an individual attendee
- $999 each for a group of three or more
All registrations include access to electronic training materials and presentation slides.
Attendee contact information is not required at time of registration; TNG will reach out 7-10 days prior to the training to collect each attendee’s name, professional title, institutional affiliation, email address, and phone number. Access to materials is delivered via email to each attendee 5 days prior to the training.
This training qualifies as a certifying event within The NCHERM Group’s Continuing Certification Credit (CCC) Program.
Brett A. Sokolow, J.D., President and CEO, The NCHERM Group, LLC
W. Scott Lewis, J.D., Partner, The NCHERM Group, LLC
Saundra K. Schuster, J.D., Partner, The NCHERM Group, LLC
Daniel C. Swinton, J.D., Ed.D., Managing Partner, The NCHERM Group, LLC
Gentry McCreary, Ph.D., Affiliated Consultant, The NCHERM Group, LLC
John W. Lowery, Ph.D., Affiliated Consultant, The NCHERM Group, LLC; Professor, Indiana University of Pennsylvania
Training is from 9:00AM to 5:30PM on Thursday, August 11. Registration will begin at 8:30AM. Training is 9:00AM to 5:00PM on Friday, August 12. One hour will be provided for lunch. Two short breaks will be taken throughout the day.
Howard Gittis Student Center, Registration is outside room 200
#50B on campus map
1755 N. 13th Street,
Philadelphia, PA 19122
Complimentary parking will be provided. Detailed parking information will be sent to training attendees 5 days before training.
Philadelphia International Airport (PHL)
8000 Essington Ave, Philadelphia, PA 19153
Approximately 12 miles from campus
Getting to and from PHL
30th Street Station
2955 Market St, Philadelphia, PA 19104
Approximately 3 miles from campus
Take a taxi or use SEPTA Public Transportation.
To go to the training location from 30th Street:
- Take the regional rail to the Temple stop.
- OR take the Market/Frankford subway line Eastbound to 15th Street and then transfer to the Broad Street subway line Northbound. Get off at the Temple stop, Cecil B. Moore Avenue.
Breakfast, Lunch & Snack Breaks
Temple University will provide a light continental breakfast and afternoon snack break each day. Lunch each day will be on your own. A list of on-campus and nearby eateries will be provided at check-in.
Attire is business casual with an emphasis on casual. Room temperatures may vary; layers are encouraged.
Internet access will be available upon arrival to campus. If you wish to use a laptop to take notes, please have your computer fully charged and consider bringing a back-up battery, as there are not enough outlets in the room for individual use. Staff on-site will not be available to provide any electrical cords or technological assistance.
Broad Street at Locust, Philadelphia, PA 19107
1628 Chestnut Street, Philadelphia, PA 19103
Holiday Inn Express (Midtown)
1305 Walnut Street, Philadelphia, PA 19107
Hilton Garden Inn
1100 Arch Street, Philadelphia, PA 19107
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Please provide The NCHERM Group with advance notice of any accommodation request, including parking, interpretation services, gender neutral bathrooms, lactation room, etc. Specify in you correspondence the location of the training you are attending.
The NCHERM Group’s policies provide guidance on cancellations, substitutions, credits, and more.
*Although a registration deadline is outlined above, it is possible that the training may reach capacity before that date. If this happens, registration will close earlier than scheduled. Please have registration confirmed before making travel and lodging accommodations.