A public defender’s path to policy in higher education

Shifting from a career as a courtroom lawyer to one in higher education policies can be a challenging yet rewarding experience. This blog post explores the differences between law and policy and how they relate to higher education. I also discuss the differences for those working in the legal and policy fields and some tips to keep in mind for those making the transition.

Defining law and policy

First, let’s define the terms law and policy. The law is a set of rules and regulations that govern society. Policy is a set of principles that guide decision-making within an organization.

Are law and policy really so different?

One of the key differences between law and policy is the level of detail. The law is very specific and prescriptive, while policy is more general and flexible. In a criminal context, think of the law as a checklist. If defendants meet all the conditions spelled out in the law, they are “guilty.” If one or more conditions are unmet, they are “not guilty.” Laws are generally reactionary: someone at some point in history did something that society deemed terrible, and society responded by creating a law to warn future individuals against doing the same terrible thing and to punish them if they commit the act. As there is a wealth of bad behavior in the world, the number of laws that attempt to control bad behavior have steadily grown in number.

In higher education, institutions often develop policies to address specific, recurring issues or challenges facing the institution or as pre-emptive answers for anticipated questions. For example, a policy might be developed to address improper relationships between employees and students or diversity and inclusion issues either in response to, or in anticipation of their existence. Policies are drafted to be forward-thinking to prevent unintended consequences and get everyone on the same page in terms of goals, limits, and expectations.

Bark versus bite and the enforceability problem

Another difference between law and policy is the level of enforcement. Laws and policies are only as effective as they are enforced, but the goals of those enforcing the laws and policies may vary.

Laws are written by elected officials, whether at the federal, state, or local level, but are enforced by government agencies that exist solely to enforce the laws. In theory, laws are meant to be applied equally to all individuals, but in practice this is not always the case. Punishments for breaking laws are meant to be punitive and discourage future violations. Changing a law in any way, even to prevent a future miscarriage of justice, requires the full legislative process, which naturally takes a substantial period of time.

This substantially long revision process, coupled with the fact that the “law of the day” must be applied to any illegal act, can create severe consequences and equity issues. Take for example a criminal charge for possession of a small amount of recreational marijuana. Washington state voters approved Initiative 502 to legalize possession of up to one ounce of recreational marijuana on November 6, 2012, but the law didn’t go into effect until December 6, 2012. People arrested for possession of recreational marijuana prior to November 6, 2012, were clearly intended to be found guilty of Washington’s existing possession laws. But what if they’d been arrested between November 6 and December 5, 2012? Unfortunately, the “law of the day” governs, and a person arrested on December 5 would be treated as guilty under the law, even though everyone knew that the following day the law would change, and that the charged behavior would no longer be illegal. Of course, not every prosecutor would choose to pursue cases of this nature, thus creating an obvious equity issue.

On the other hand, policies are enforced by the organization that created the policy. At UNC-Chapel Hill, policies are created and enforced by the university unit—whether a college, school, department, or office. UNC-Chapel Hill policies outline consequences for violations, but are generally not meant to be punitive. Instead, policy documents are meant to increase awareness, and consequences are intended to correct behavior and prevent reoccurrence. This means that policies can be more flexible and adaptable to changing circumstances, but more difficult to enforce than laws. If a policy has unintended consequences, the university unit can immediately choose whether to enforce its policy and may amend the policy document to prevent future unintended consequences. Adjustments to existing policies can generally be done quite quickly, especially when there is a collaborative feedback process in which stakeholders can raise awareness of problems and bring potential solutions to the table for a speedy resolution.

The big transition

If you are considering a career shift from law to policies in higher education, there are several things to keep in mind. Many of the skills you have acquired practicing in the legal field will still serve you well in a career in higher education policy, but there are also additional skills you will need to develop.

1. Focus on the big picture: As a lawyer, you are used to focusing on the details of a case. While you probably have a caseload with many cases, each case operates independently from the others. However, when working on policies in higher education, it’s important to focus on the big picture. You will need to see how different policies fit together and how they impact the entire institution to prevent duplication and conflict.
2. Take your advocacy hat off: As an attorney, you view the laws in a light most favorable to your client. You cherry-pick legal rulings to support your position and try to refute any that don’t support your position. The position you hold for one client might be contrary to a position you hold for another. Policy is different. A good policy is built from a position of neutrality where the policy means the same thing to everyone; this includes the policy creator, the institution, and the intended audience, whether employees, staff, students, or faculty. The goal is for everyone to understand and follow the policy.
3. Develop your analytical skills: Working in policies in higher education requires a strong analytical skill set. You will need to be able to analyze data, identify trends, and make recommendations based on your findings. This requires a different set of skills than those you use as a lawyer, where every case is a fresh start. In higher education policy, you will conduct peer institution research and use this information to improve your institution’s policy documents. You will receive feedback from units about a policy document, and you will have to consider if and how to respond to that feedback based on your analysis.
4. Be prepared to work collaboratively: Policies in higher education are often developed collaboratively, with input from various stakeholders. You will need to work effectively with faculty, staff, students, and administrators to create policies that meet the institution's needs. Without a majority, and in some cases, unanimous support for a policy, that policy may not see the light of day. Legal settings are more adversarial even when they’re meant to be collaborative, like drug treatment courts, mental health courts, or diversion programs. In those specialty courts everyone works together until they can’t, in which case disputes are resolved the old-fashioned way with a decision made by a judge.
5. Be adaptable: Policies in higher education are constantly evolving, and you will need to be able to adapt to changing circumstances. This may require you to be flexible in your approach and willing to try new things. If a policy creates unintended consequences, policy creators and relevant stakeholders can adjust the policy. This can frequently be done quickly, especially when there’s buy-in from fellow collaborators who recognize the problems and solutions. In contrast, lawyers must follow the law, even when a law seems unjust, until the law is changed. Unfortunately, that’s not something you can readily count on.
6. Communicate effectively: Effective communication is critical when working on policies in higher education. You will need to be able to communicate complex ideas to various stakeholders, including faculty, staff, students, and administrators. This requires strong written and verbal communication skills you have undoubtedly acquired in your legal career. However, unlike the law, where you keep your cards close to your chest, policy-making in higher education is where all the cards are on the table. You can share your concerns and be candid about potential conflicts. Being transparent is a good way to earn and maintain trust in your relationships with stakeholders across the campus.
7. Be patient: Developing new policies in higher education can be a slow process. It may take time to get buy-in from stakeholders and to see the impact of your work. Be patient and persistent and remember that change takes time. Not all policy creation is slow, especially when there is widespread support, but many higher education policies are designed to follow the academic calendar to avoid changing things in the middle of the semester. This creates a speed bump in the process that you are unlikely to avoid. This differs from the law, where emergency hearings, temporary restraining orders, and arrest warrants can be done on any day the court is open, which is most of the time.

Shifting from a career as a lawyer to working in policies in higher education has shown me the similarities and differences between the fields. While there are differences between law and policy, like advocating for a client and the fast pace of courtroom life, both fields require critical thinking, problem solving, and effective communication. What could be more rewarding than that?

 

A Holiday Wishlist for Less Meeting Mayhem

'Tis the season for joy, cocoa…and for policy administrators, a merry juggling act between managing policies, deciphering new laws, and reflecting on the year’s endeavors. The past few years feel like the Grinch made off with our precious time, leaving us in virtual meetings.

If your holiday wish list includes fewer meetings and more sanity, you're not alone! Let's unwrap the gift of time by tackling the addiction to meetings.

The Meeting Epidemic: A Festive Overload

Picture this: a conference room adorned with tinsel, where meetings drag on longer than Northern Ontario winters. In many organizations, it's a struggle to find time for 'real' work amidst the sea of meetings and endless video calls.

Gina-Santa’s Other Elf’s Six Questions to Rescue Your Schedule

Do We Need This Meeting, or Is It Just a Mistletoe Misunderstanding?

Sometimes, meetings happen out of habit or tradition, much like your Uncle Bob's annual reenactment of 'A Christmas Carol.' Pause and reconsider the necessity.

Can We Combine It with Others, Like a Potluck Feast?

Just as cranberry sauce pairs well with turkey, some meetings might blend harmoniously. Merge those agendas and save time for everyone!

Can It Happen Less Frequently, Like Reindeer Appearances?

Not every meeting needs to be a weekly occurrence. Embrace the magic of spacing them out to keep the holiday spirit alive.

Can We Do It in Less Time, like a Speed-Wrapped Present or a Gift Bag Express?

Challenge yourself to trim the meeting fat. Set a timer—get your point across before Rudolph finishes his annual flight.

Can Fewer People Attend, Keeping It Cozy?

Just like a snug fireside chat, not everyone needs a seat at every meeting. Invite only those who truly need to be there.

How Can We Manage It Better, Like Santa's Workshop?

Elves have their systems down—let's learn from them. Streamline agendas, set clear objectives, and be as efficient as Santa on Christmas Eve.

Conclusion: Unwrapping the Gift of Time

This holiday season let's gift ourselves, and others, the present of fewer, better-managed meetings. And to our beloved policy administrators tirelessly ensuring order in this festive chaos—take a break, too! Even elves pause for hot cocoa. By reevaluating our meeting habits and giving our hardworking teams the gift of time, we can sleigh the holiday season with efficiency and joy. If you are looking for a good relaxing read, check out the last blog post by Sara Gigeroff, University of New Brunswick Reigniting Professional Passions through Policy Related Professional Development.

And that’s a wrap! Thank you to my ACUPA colleagues for a wonderful year of knowledge and sharing.

Risk Management Policy Considerations

Identifying, minimizing, and controlling exposures to loss are important functions for all institutions.  Most of you have already implemented a risk management policy for your college or university, or are in the process of developing or updating one.

My institution, Washington State University (WSU), published an administrative Policy on Risk Management (EP6) in January 2019.  In August 2023, we finalized a revision to EP6 which included a number of new approaches for overseeing this process that I thought I'd share for your consideration.

Enterprise Type—Campus or System

WSU has multiple campuses in various parts of the state, plus an online (global) campus.  For many years, our Pullman campus was our main administrative hub.  A few years ago, the administration decided to move to a systemwide management model, with each campus, including our flagship Pullman campus, led by a separate campus chancellor, who in turn reports to our system president. 

Some administrative functions are best served by specific campus oversight, and some are best served by systemwide oversight.  International standards encourage an enterprise (systemwide) approach to risk management.  WSU follows International Organization for Standardization (ISO) 31000: 2018—Risk Management Guidelines to identify potential obstacles or occurrences that could threaten an enterprise's ability to meet its mission and goals.

Enterprise Risk Management Software

The state of Washington also encourages an enterprise approach to risk management by state agencies, of which WSU is one.  To facilitate this, the Washington Department of Enterprise Services (DES) provides software modules to the risk management offices at all state agencies to assist with risk identification and rating, risk controls, and planning for managing risks.  The software that DES selected to distribute is the Origami risk management information system. The software platform integrates insurance, risk, safety, and compliance solutions.

I found this addition to our policy rather fascinating, as I'm a fan of tech solutions.  Since the software is distributed directly to our RM office only, little direct information was put into our executive policy.  If you're interested in investigating this further, go to the link above to get more information from the manufacturer's website.

Administrative Oversight

WSU decided to implement a four-level approach to administrative oversight of risk management:

1. Risk Management Executive Committee (RMEC):  RMEC is a presidential committee that provides executive oversight for enterprise and operational risk. It oversees the Enterprise Risk Management (ERM) process. RMEC also provides guidance to the Risk Management Advisory Group (RMAG) and Risk Management (RM) office.
   
2. Risk Management Advisory Group (RMAG): RMAG is appointed by our Executive Vice President of Finance and Administration. Its membership is representative of system units engaged in daily risk management. Units may request to join RMAG through the Risk Management Office.
   
3. Risk Management Office (RM): The RM office at WSU is a part of Compliance and Risk Management under Finance and Administration. RM coordinates and evaluates the risk management program for the WSU system and has responsibility and authority in four primary areas:
• Risk awareness, assessment, and assistance services to units and personnel;
• Coordination of systemwide risk committees;
• Managing and administering insurance coverages and related services to units; and,
• Reporting risks, accidents, injuries, liabilities, and other risk management activities to university departments and applicable state and federal agencies.


4. Individuals and Units: Individual employees, departments, and units are responsible for taking steps to reduce the risk of injury and accidental loss to the greatest extent possible, consistent with carrying out the institution's mission and goals. RM is available to provide assistance to individuals and units, as needed.

Every institution handles risk management processes differently, but as we've all found, it is a good idea to formalize a policy for managing risks.  I hope what I've shared from the WSU perspective helps you start or continue your own conversations about developing or revising risk management at your institution.

Navigating Effective Policy Documents in the University Landscape

In today's dynamic and information-driven world, effective communication is paramount, especially within the academic realm. Accompanying documents such as policy briefs, briefing notes and communications materials play a crucial role in conveying complex ideas, proposals, and information to a diverse audience. In a university environment, where ideas are constantly evolving and diverse stakeholders are involved, mastering the art of crafting these documents is essential. This blog will delve into the key aspects of creating impactful policy briefs and communications documents within a university context.

Understanding the Audience

Before setting pen to paper (or fingers to keyboard), it's imperative to identify and understand your target audience. Universities consist of various stakeholders including faculty members, administrators, students, funding bodies, and the wider community. Each group may have different levels of familiarity with the subject matter, so tailoring your content to match their level of expertise is crucial.

For instance, a policy brief aimed at university administrators might focus on the practical implications of a proposed policy, while a communication document for students might emphasize the benefits and relevance of the policy to their academic experience. By understanding the needs and expectations of your audience, you can tailor your document to resonate with them effectively.

“The idea of citizen participation is a little like eating spinach: no one is against it in principle because it is good for you.” (Arnstein 1969, 216)

Social accountability in policy writing can be achieved through mechanisms such as consultations, general feedback mechanisms, and collaboration with internal or external organizations. Social accountability mechanisms provide early warning systems for potential issues or unintended consequences. Identifying challenges early on allows policymakers to make necessary adjustments before problems escalate.

Clarity, Conciseness and Planning

In a university environment, where research and ideas can be complex, it's easy to get lost in technical jargon and intricate details. However, the hallmark of an effective accompanying document is clarity and conciseness. Avoid overwhelming your readers with excessive information. Instead, distill the key points, supporting evidence, and implications into a format that is easily digestible.

Use clear, straightforward language to explain concepts and avoid unnecessary jargon. Bullet points, headings, and subheadings can help break up the content and guide readers through the document smoothly. Remember, the goal is not to showcase your vocabulary, but to effectively convey your message.

Structure and Visual Appeal

A well-structured document is easier to navigate and comprehend. Begin with a concise introduction that outlines the purpose and scope of the document. Follow this with the main content, organized logically with headings and subheadings. Each section should flow naturally, guiding the reader through your argument or proposal.

Visual elements such as graphs, charts, and infographics can enhance the clarity of your document by presenting data in a more digestible format. However, ensure that these visuals are relevant, clear, and properly labeled.

Evidence-Based Content

In a university setting, credibility is paramount. Back up your arguments and proposals with evidence from reputable sources. Incorporate relevant research findings, statistical data, and expert opinions to support your claims. This not only adds weight to your document but also demonstrates the thoroughness of your research.

Tailored Tone and Style

The tone and style of your document should reflect the university's values and standards. While policy briefs may require a more formal tone, communications documents for students might be slightly more casual. Regardless of the tone, maintain professionalism and avoid any language that could be misconstrued or offensive.

Engagement, Call to Action and Timing

Engagement is key to the success of any communication. Encourage readers to actively consider your proposal, policy, or message. Pose questions that prompt reflection or suggest potential actions they can take. A clear call to action will help guide readers on how to respond or engage further.

In briefing documents by specifying dates, policymakers can allocate resources effectively. This prevents resource shortages or over-allocations, leading to efficient use of funds, personnel, and other resources. Clear timelines enable policymakers to communicate expectations that help in structuring the planning and coordination of policy activities. Certain policies may have legal or regulatory obligations associated with them, such as reporting deadlines or compliance milestones. Clear timelines help ensure that these obligations are met to avoid legal repercussions.

Collaboration and Feedback

In a university environment, collaboration often leads to richer and more well-rounded ideas. Seek feedback from colleagues, mentors, and peers to ensure that your document is clear, impactful, and well-received. Constructive feedback can help refine your content and catch any blind spots you might have missed.

Policies affect diverse groups of people with varying needs and perspectives. Engaging with a wide range of stakeholders ensures that policies are inclusive and consider the interests of marginalized and vulnerable populations. This approach leads to more equitable outcomes and reduces the risk of overlooking crucial aspects of policy implementation.

Mastering the message is a critical element and creating accompanying documents such as policy briefs and communications materials in a university environment is an art that requires careful consideration of audience, clarity, structure, evidence, and engagement. By mastering these elements, you can effectively communicate complex ideas, drive meaningful conversations, and contribute to positive changes within your university community.

A strong plan and timely implementation enhance public confidence in the policy writer, and sometimes the University’s ability to deliver on its promises. So, whether you're a researcher, student, or administrator, honing your skills in crafting impactful documents is an asset for success in academia and beyond. In the words of Steve Jobs, “Master the Topic, The Message, and The Delivery.”

Making Your Policies Accessible to All Audiences

Most institutions are now aware of the need for recognizing and respecting the differences among the members of our stakeholder communities. As policy administrators, many of us are building equity review into our policy development processes.

Most of us now publish our institutions' policies online and share our policy drafts electronically, rather than in paper policy manuals or through paper documents. Just as it's important to consider adding equity review to the development of policies, it's also important that we consider how to prepare the content for distribution in ways that make it accessible to a wide range of people, including those who use assistive devices.

Here are some considerations for your institutions, all of which we’ve put in place here at Washington State University (WSU):

• Establish a policy and/or procedures for improving the accessibility of online and electronic content. As an example, here at WSU we have an executive policy and supporting procedures:
  • University Web Accessibility Policy
  • Ensuring Electronic and Information Technology Accessibility
• Require web accessibility training for all institutional online developers and webmasters.
• Provide issue reporting and complaint/grievance procedures regarding accessibility issues.

At WSU, our Web Communications unit handles web accessibility problems and our institution's ADA (Americans with Disabilities Act) coordinator is responsible for managing access complaints and grievances.

Creating Accessible Word and PDF Documents

Most of us use Word to create our source documents and either Word or PDF for drafts and creating web versions of our policies. Taking in consideration of assistive devices, here's some key components for making Word and PDF documents accessible to all:

• Headings:
  • Headings create a hierarchy in the document that a screen reader can follow.
• Document Title, Description, and Tags:
  • A default document title is necessary for a screen reader to be able to scan and read out loud to its user.
  • A document description gives screen reader users a brief summary of the document they are about to read.
  • Document tags allow a screen reader to know if they are looking at an image, a paragraph, a heading, etc.
• Hyperlinks:
  • Hyperlinks need to have clearly defined labels of the destination of each link so that a screen reader is able to read them out loud when scanning the document.
  • It's preferable to embed link URLs (attach the URL in the background to a word or phrase using the Link function), also known as contextual links, rather than writing out URLs in the document.
• Tables:
  • Clear table structures and headers are necessary for a screen reader to be able to scan the document.
• Alt Text:
  • Alt Text data allows a screen reader to scan a description of tables, figures, or images that may be on the document.
• Lists:
  • The built in formatting tools of Word make it easier for the screen reader to scan the document.
• Capitalized Words:
  • Use bold for emphasis and avoiding capitalization of words.
  • Assistive devices may provide capitalized words to users by reading each individual letter, instead of complete words.
• Tab/Reading Order
  • For PDFs, identifying the reading order of a document’s text helps a screen reader present the text as it is meant to be read, rather than just as random blocks of text.
    

Creating Fully Functional PDFs from Word

With the latest versions of Word in Office365, all accessibility functionality in a Word source document may be directly transferred to a PDF version:

• Select File->Save As
• Change the file type (suffix) from the default Word Document (.docx) to PDF (.pdf).
  A PDF file created in this way includes all of your active hyperlinks and other functionality.
  

Creating Accessible Documents from Scanned Images

In order to make scanned document images accessible to a screen reader user, a few things need to be done, otherwise none of the information on the document can be read by a screen reader:

• Make or convert the scanned image to PDF
• Under Tools (in Adobe Acrobat Pro):
  • Select Optical Character Recognition (OCR)
  • Select Text Recognition and In This File, and
  • Select the pages to be included
• Under Tools:
  • Select Action Wizard, then
  • Select Make Accessible
  • Select Find Recognize Text Using OCR
• In the Recognize Text -- General Settings window:
  • Select the applicable language and
  • Select Searchable as the PDF Output Style
• Select OK
  

Accessibility Guides

The process of increasing equity in our policies and policy access is ongoing. Here are some accessibility guides to provide you with further ideas as you get started:

• World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0
• U.S. General Services Administration (GSA) 18F Accessibility Guide
• WSU Web Communications Accessibility Guides