Understanding the Legal and Practical Implications of Student Involuntary Medical Leave

April 20, 2009

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Overview

Higher education must redouble its efforts to ensure students receive needed mental health treatment before an illness devolves into a campus crisis. However, some students may be reluctant or unwilling to receive the help they need. Your institution must prepare for those reactions by developing and implementing a student medical leave (SML) policy that provides for care while still protecting itself from possible liability.

This on-demand web conference will help you consider the legal issues that have shed light on the involuntary student leave framework and how those insights should be woven into a comprehensive policy. Specifically, you will learn:

The direct threat framework and how it relates to SML
How the ADA, Rehabilitation Act, and Fair Housing Act affect SML
What guidance the Department of Education has given
What the recent Ferrum and MIT cases can teach you in predicting future legal precedents
What a good policy should look like and what yours should include

TARGET AUDIENCE

All stakeholders responsible for crafting a comprehensive student medical leave policy - including student affairs/judicial affairs professionals, campus safety managers, judicial affairs counselors, counseling center directors, and legal counsel - should view this on-demand together to ensure that your policy protects both your students and your institution as a whole.

Agenda

Recorded On Monday, April 20, 2009

When can an institution require a leave of absence?
- Direct threat analysis framework
- Striking the right balance
Statutory hurdles
- Americans with Disabilities Act
- Rehabilitation Act
- Fair Housing Act
Guidance from the Department of Education
- Competing liabilities issue
- Civil rights enforcement letters
Understanding the available case law
- Ferrum College case
- MIT case
- Remaining "special relationship" questions
Drafting your policy
- Should you have a policy at all?
- Elements of a good policy
  - Leave categories
  - Process considerations
  - Parental participation
  - Making sure a special relationship isn't created
- Tailoring a policy for your institution

Want more information about this event?

Contact Jason J. Shuba, Senior Conference Director if you'd like additional information about the program agenda.

Instructors

Elizabeth Brody Gluck, Esq.

Partner

Verrill Dana, L.L.P.

Liz focuses her practice in the areas of health, business, and education law where she specializes in providing risk management, contracting, and liability advice. Liz has particular expertise in e-health, biotech, and telemedicine issues along with higher education student health and safety matters. She previously served as vice president and legal counsel to Analysis Group, Inc., an economic and strategic consulting firm, providing legal representation in all aspects of the company's business. Liz is a frequent speaker at healthcare and higher education industry seminars across the country.

Registration

CD Recording of Live Webcast

$350.00

Understanding the Legal and Practical Implications of Student Involuntary Medical Leave CD Recording

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