In 2011, when the Department of Justice issued regulations on Title II of the Americans with Disabilities Act (ADA), the regulations were silent as to any safe harbor that would have guaranteed colleges and universities reasonable discretion to address students who posed a threat of harm to themselves. Institutions struggled with how to keep students safe, without running afoul of the ADA or Section 504 of the Rehabilitation Act. Since 2011, the U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division (DOJ) have issued several non-binding resolution agreements that affirm standard practices such as individualized assessments, accommodations, and leave policies; though institutions continue to tread carefully in the absence of more formal assurances from the Departments.

In this 30-minute briefing, which is complimentary for NACUA members, attendees will hear directly from OCR about its enforcement approach in these cases. Through an interview conducted by NACUA member Paul Lannon, Partner at Holland & Knight and an at-large member of the NACUA Board of Directors, Candice Jackson, Acting Assistant Secretary for the U.S. Department of Education Office for Civil Rights, will

• discuss the Department’s approach in enforcing Title II and Section 504 in cases involving student self-harm;
• offer a set of principles, distilled from OCR and DOJ resolution agreements to guide colleges and universities in their efforts to address self-harm; and
• answer questions about how to apply these principles in the higher education setting.

Following the Briefing, on February 8, 2018, at 12pm EST, NACUA is pleased to offer a two-hour webinar in which NACUA member experts will address in greater depth the underlying legal requirements of Title II and Section 504, the application of the principles described by Ms. Jackson, and how colleges and universities should prepare to address instances of the threat of student self-harm. 

This recording of a NACUA Briefing is intended for NACUA members only and for their colleagues at member institutions. Members may freely share information included as part of the Briefing with their colleagues at member institutions but should not share such information in a manner that could result in broader public distribution. The recording contains the viewpoints of the presenters and not of NACUA. The content is not approved or endorsed by NACUA. The content should not be considered to be or used as legal advice. Legal questions should be directed to institutional legal counsel.