Ellen M. Babbitt has more than 25 years of experience as a litigator and appellate advocate and has concentrated, since 1991, upon the representation of educational institutions and medical centers. She has also spoken and written extensively for the National Association of College and University Attorneys (NACUA), as well as for other associations focusing upon legal issues arising in higher education. Ellen graduated from Vanderbilt University magna cum laude in 1977, as a member of Phi Beta Kappa. She graduated from Northwestern University School of Law cum laude in 1980, where she served as Editor-in-Chief of the Northwestern University Law Review and was elected to Order of the Coif. Ellen then served as Law Clerk to the Honorable Carl McGowan, U.S. Court of Appeals for the District of Columbia Circuit. She is a member of NACUA and of the Association for Student Conduct Administration (f/k/a Association for Student Judicial Affairs) and currently serves on the Editorial Board of the Journal of College and University Law.
Publications
“The Financial Crisis and Higher Education: Insurance and Legal Ramifications,” URMIA Insights (Feb. 2009) (w/ W. Powell).
“The ‘Quiet Revolution’ in Employment Law & Its Implications for Colleges and Universities,” 33 J.C.U.L. 33 (Vol. 1 2006) (w/ D. Friebus, F. Vinik).
“Accommodating Students with Emotional and Learning Disabilities” (Editor, NACUA Compendium, 2d Edition, 2004).
“Retrenchment,” 30 J.C.U.L. 47 (2003) (w/ S. Olswang, C. Cameron, E. Kamai).
“Academic Program Closures: A Legal Compendium” (Editor, NACUA Compendium, 2d Edition, 2002).
“Program Closure: Reducing the Foreseeable Risks” (Arthur J. Gallagher & Co. White Paper, 2002) (w/ B. Melton).
“Closing an Academic Program Without Litigation: Process, Planning, and Pragmatism” (United Educators Monograph, 2001).
“Avoiding Defamation Claims Arising Out of Sexual Harassment Investigations,” published in Employment Action, vol. 4, no. 1 (Winter 2001), published by United Educators Risk Retention Group, Inc. (w/ Z. Silverstein).
Speeches and Presentations
"Surviving an ADA Accessibility Audit: Best Practices for Policy Development and Compliance" (Presentation, NACUA Annual Conference, Washington, DC, 6/30/10) (w/ G. McCabe-Miele, I. Bowen, K. Rinehart (moderator)).
"Toxic Employees in the Workplace: Managing your 'Fren-emies'" (Presentation, NACUA Annual Conference, Washington, DC, 6/28/10) (moderator, w/ K. Rinehart).
"Where the Lawyers Are: Reducing Legal Liabilities" (Panel Discussion, American Council on Education Institute for New Chief Academic Officers, 6/17/10) (w/ J. Alger, F. Vinik).
"Current Illinois Cases and Legislative Developments" (Presentation, NACUA Regional Half-Day CLE Seminar, Chicago, IL, 5/14/10) (w/ S. Warner).
"H.R. Issues in Higher Education" (Presentation, Associated College of Illinois, Controllers Meeting, 4/9/10).
"The Graying of the Workforce and Resulting Implications for Reductions in Force" (Presentation, NACUA 2010 CLE Workshop- Higher Education Employment Law: Changing Campuses, Continuing Challenges, San Diego, CA, 3/19/10) (w/ D. Newman).
"Tenure Policy" (Presentation, NACUA 2010 CLE Workshop- Higher Education Employment Law: Changing Campuses, Continuing Challenges, San Diego, CA, 3/18/10) (co-moderator of discussion group, w/ R. Paul).
"Legal Update" (Presentation, ABACC Annual Conference, 2/19/10).
"Financial Distress and Faculty Issues" (Presentation, NACUA Annual Conference, 6/26/09) (w/ S. Olswang, J. Algen).
"Employee Privacy" (Presentation, NACUA Annual Conference, 6/25/09) (w/ R. Paul).
“Legal Developments 2009: Compliance Priorities for Tough Times” (Presentation, ABACC Annual Conference, 2/20/09).
“Where the Lawyers Are: Reducing Legal Liabilities” (Panel Discussion, American Council on Education’s Institute for New Chief Academic Officers, 2/7/09) (w/ J. Alger, F. Vinik).
"Fall Check-up On Campus Safety for Small Institutions" (Webcast, NACUBO, 10/2/08) (w/ G. Margolis, S. Healy, H. DeVries)
“The ‘Quiet Revolution’ in Employment Law: an Update” (Presentation, NACUA CLE, 3/5/08) (w/ J. Chasen, N. Wolf).
“Balancing the Risks: Emerging Best Practices in the Management of Student Mental Health Issues” (Presentation, ABACC Annual Conference, 2/22/08).
“Student Mental Health Issues” (Panel Discussion sponsored by Arthur J. Gallagher & Co.; Chicago and Elmhurst, IL, 11/13/07 and 11/15/07) (moderator, w/ Z. Silverstein, S. Warner, J. Dunkle).
“Surviving a Department of Justice ADA Audit” (Panel Discussion, NACUA Annual Conference, 6/29/07) (moderator, w/ N. Wolf, C. Melcher).
“Legal Update 2007: Reducing the Risk” (Presentation, ABACC Annual Conference, 2/22/07).
“New Business Officer’s Training Workshop – Legal Issues” (Presentation, ABACC Annual Conference, 2/21/07).
“Legal Panel for ACE Institute for Chief Academic Officers” (Panel Discussion, American Council on Education, Annual Meeting and ACE Institute Meeting, 2/10/07) (w/ J. Alger, F. Vinik).
“Effective Management of the Internal Dispute Resolution Process” (Presentation, NACUA Annual Conference, 6/25-28/06) (w/ S. Wheeler).
“Legal Issues – or ‘Keeping Your People Out of Court, the Hospital, or Jail’” (Presentation, ABACC Annual Conference, 2/16/06).
“New Business Officers’ Training Workshop – Legal Issues” (Presentation, ABACC Annual Conference, 2/15/06).
“Steering Clear of Dysfunction Junction: Effective Roadmaps to Avoid Problematic Faculty Roadblocks on Campus Today” (Panel discussion, NACUA Annual Conference, 6/26-29/05) (w/ P. Bergeson, K. Rinehart).
“Accommodating College & University Students” (Presentation, Pre-Conference Workshop for Lawyers New to Higher Education, NACUA Annual Conference, 6/25/05) (w/ K. McAnders).
“Panel Discussion on Discipline of Troubled Students” (Presentation, Association for Student Judicial Affairs “Drive-In” Conference, Chicago, IL, 6/2/05) (w/ Z. Silverstein, S. Warner).
“Student Accessibility to Programs and Legal Issues Under the ADA and Section 0504 of the Rehabilitation Act (Presentation, ISBA “Hot Topics in Education Law” seminar, 2/25/05).
“Counseling Human Resources Management: Law, Policy, and Best Practices” (Presentation, 26th Annual National Conference on Law and Higher Education, Stetson University College of Law, 2/19/05) (w/ L. Singer, T. Santoro).
“The New Era of Compliance & Prevention” (Presentation, ABACC Annual Conference, 2/18/05).
“Minimizing Risk under the Equal Pay Act and Other Anti-Discrimination Laws” (Presentation, ABACC Annual Conference, 2/18/05).
“FLSA Update: Unique and Difficult Problems for the Academic World” (Presentation, ABACC Annual Conference, 2/18/05).
“Hard Times, Hard Choices: Layoffs, Program Closures, and Other Cost-Saving Measures” (Presentation, NACUA Annual Conference, 6/18/04) (w/ M. Munch, F. Vinik).
“Planning and Implementing Institutional Reductions in Force & Other Personnel Cost-Saving Measures Involving Administration and Staff” (Presentation, NACUA Spring CLE Workshop, 3/4/04) (w/ T. Hustoles).
“The Professional Employee: Balancing the University’s Interests and Employee Rights” (Presentation, 25th Annual National Conference on Law and Higher Education, Stetson University College of Law, 2/18/04) (w/ L. Singer, T. Santoro).
“Legal Developments in Higher Education” (Presentation, ABACC Annual Conference, 2/21/04).
“Student Athletic Programs and the Law in Illinois” (Presentation, Lorman Education Services One-Day Conference, 11/20/03) (w/ P. Land, M. Kiser).
“Opening and Closing Academic Programs” (United Educators Telephone Roundtable, 4/16/03) (w/ R. Jones, F. Vinik).
“Student and Faculty ADA Issues” (Presentation, seminar sponsored by Arthur J. Gallagher & Co.; Chicago and Elmhurst, IL, 3/12/03 and 3/13/03) (w/ P. Land).
“Program Closure: Process, Planning & Pragmatism” (Presentation, IPHEC meeting, 2/17/03).
“The Relationship Between the IDEA, the ADA, and Section 504 in Illinois” (Presentation, Lorman Education Services One-Day Conference, 1/29/03) (w/ M. Klimesh).
“Emerging Issues in Litigation: Does Tenure Protect Salary & Other Incidents of Tenure”? (Presentation, NACUA Annual Conference, 6/26-29/02) (w/ C. Cameron).
“Judicial Evaluation of Tenure Termination Arising From Financial Exigency, Program Discontinuance, or Affiliation” (Presentation, NACUA CLE Conference, 3/21-23/02) (w/ S. Olswang).
“RIFS, Downsizing, & Restructuring: Recent Developments with Respect to Waivers, WARN, and Writing Layoff Policies” (Presentation, NACUA Annual Conference, 6/20-23/01) (w/ M. Keiser).
“Managing the Workplace to Minimize Discrimination -- 10 Practical Tips” (Presentation, ABACC Annual Conference, 2/23/01).
“Alternative Dispute Resolution” (Presentation, Marsh McClennan Higher Education Consortia, 11/15/00).
“Affirmative Action in Hiring -- an Update” (Presentation, NACUA CLE Conference, 9/15/00) (w/ K. McAndrew).
“Managing Claims Internally to ‘Educate the Educators’” (Presentation, NACUA Annual Conference, 6/28/99) (w/ J.D. Smealie).
“How to Design & Deliver Campus Training Programs on Employment Practices-- Disability Training” (Presentation, United Educators’ conference on Campus Training On Employment Practices, Chicago, IL, 4/23/99) (w/ A. Franke, K. Rinehart).
“Student Claims Under the ADA” (Presentation, half-day workshop sponsored by Arthur J. Gallagher & Co., 3/5/99) (w/ P. Land).
“Litigation 1998: Avoid it when you can, Manage it when you can’t” (Presentation, West Suburban Deans Conference, Department Chair Workshop, 10/23/98).
“Sexual Harassment -- The Ultimate Prevention and Management Challenge” (Presentation, West Suburban Deans Conference, Department Chair Workshop, 10/23/98).
“Litigation Trends — and How to Manage Them” (Presentation, EIIA Meeting, Chicago, IL, 4/27/97).
“Litigation Do’s and Don’ts” (Presentation, United Educators’ 10th Anniversary Regional Meeting, 3/26/97) (w/ L. Kumin).
“The Rights of Tenured Faculty and the Obligations of the Tenuring Institution: Is Tenure Portable?” (Presentation, NACUA Annual Conference, 6/19/96) (w/ P. Ruger).
