Description
Click here to access materials. As soon as the coronavirus pandemic across the country began to spread, a huge number of colleges and universities were forced to take their academic programs online. Looking to the future, many institutions may continue to offer online programming or distance education, but there are important legal issues to consider when doing so—both in determining how to start up a robust online learning environment from a business perspective, and how to navigate the statutory and regulatory requirements of doing so. Please join us for a NACUA Briefing with Yvette Clark, Senior Vice President and General Counsel at Southern New Hampshire University, and Aaron Lacey, Partner at Thompson Coburn, as they untangle the knotty legal issues that counsel must consider in starting up these programs and setting them up for long term success. This 30-minute briefing will be audio-only and will be complimentary to NACUA members.
Contributors
Yvette Clark
R. Yvette Clark is Senior Vice President and General Counsel at Southern New Hampshire University. She previously served as General Counsel at Cambridge College and at Stephen F. Austin State University, and as Assistant General Counsel at the University of North Texas and the University of North Texas Health Science Center. She served as a law clerk in the Texas Attorney General’s Office.
Yvette has been a NACUA member since 1992. She has most recently served on the Committee on Program for the Annual Conference from 2016 – 2020. She also has been a member of the Committees on Legal Education and Membership and Member Services. She has attended numerous NACUA conferences since 1996 and has served as a discussion leader or moderator at several of them. She is an active member of the NACUA Affinity Group for Latino Lawyers and the QUA Affinity Group. Yvette was appointed by Texas Governor Ann Richards to the Texas Guarantee Student Loan Board; she served as President of the Texas Association of Chicanos in Higher Education and the Texas Association of State University Attorneys; and served on the Board of Directors of Hospice of Nacogdoches.
Yvette holds a B.A. from Yale University and her J.D. from University of Texas School of Law
Aaron Lacey
Aaron Lacey is a Partner at Thompson Coburn where he chairs the firm’s Higher Education Practice and assists institutions to navigate a wide range of complex legal and regulatory matters. Aaron has substantive experience in federal, state, and accrediting agency laws and standards that govern postsecondary institutions, and regularly advises on issues involving students, faculty and staff, facilities, academics, governance, and operations. He also leads the Firm's extremely active higher education transactional practice. He and his colleagues have experience negotiating, documenting, and implementing merger, asset acquisition, stock acquisition, joint venture, and religious sponsorship and affiliation transactions for both nonprofit and proprietary higher education clients. In recent years, the practice has managed numerous non-traditional arrangements, as well, including for-profit to non-profit conversions and the acquisition of distressed institutions. Aaron and his colleagues are valued for their deep understanding of the postsecondary regulatory framework, including requirements relating to the federal financial aid programs, incentive compensation, distance education, the Clery Act, FERPA, and Title IX, among others. In October 2017, Aaron was selected by the U.S. Department of Education to serve as one of 17 negotiators charged with overhauling the Department's complex and controversial "borrower defense" rule. The Department appointed him to negotiate on behalf of general counsels, attorneys, and compliance officers at postsecondary institutions nationwide. Aaron routinely represents institutions in administrative proceedings before state licensing entities, accrediting agencies, and the U.S. Department of Education, including matters arising from audits, program reviews, and investigations of the Office of Inspector General. He assists with the management of regulatory and government agency relationships, policy creation and implementation, strategic planning, and compliance systems design. In support of institutional initiatives, Aaron drafts and negotiates a wide variety of agreements, including domestic and international articulation, consortium, licensing, marketing, and bundled service provider (OPM) contracts. The host of the Firm's popular Higher Education Webinar Series, and editorial director of REGucation, the Firm's higher education law and policy blog, Aaron is a frequent writer and speaker on topics relating to higher education policy and regulation. He is a member of the National Association of College and University Attorneys and of the American Bar Association.