As a partner in Venable's Labor and Employment Group, Caryn Pass represents for-profit and not-for-profit businesses, associations and educational institutions in employment-related disputes and counsels them on strategies and best practices to create positive work environments and limit potential liability exposure. Well versed in employment law, Ms. Pass has advised clients in virtually every facet of employment and labor law including policy development, review and implementation; recruitment and selection of employees; effective hiring procedures; employee relations; wage and hour compliance; counseling and disciplinary actions; family and medical leave act management; performance evaluation and review process; implementation of prevention plans to avoid sexual harassment; investigations resulting from allegations of harassment and termination of the employment relationship; and the defense of wrongful termination claims.
Ms. Pass' particular area of focus is in the representation of independent schools. As an independent school lawyer she assists educational institutions in a wide range of non-employment and employment matters, including teacher and faculty employment contracts, enrollment agreements, student discipline issues, student and faculty handbooks, board governance and by law issues, the safety welfare and discipline of students, as well as the day-to-day challenges facing independent schools today. She works closely with many regional independent school associations to help establish best practices for independent schools.
Ms. Pass bases her practice on the philosophy that effective legal counsel must be consistent with an employer's culture. She works collectively with her clients, joining their team to make certain she is intimately familiar with the client's operation and mission.
Driven by the belief that it is better to help a client avoid a problem in advance than assist in defending a problem that could have been prevented, Ms. Pass focuses on proactive counseling and assuring that policies, procedures and practices are drafted to minimize liability. She has designed training seminars and human resources audits that assist clients in creating positive work environments in compliance with the law as well as the employer's culture and mission.
Consistent with her belief that effective support requires integration into an employer's team, Ms. Pass avails herself to her clients during the work day as well as outside normal business hours. While many employment problems occur during the normal business day, employees are not always willing to be so cooperative.
Representative Clients
Ms. Pass has developed one of the nation's leading practices in the representation of independent schools nationwide. Her client base includes both small and large schools; parochial and non-parochial schools; well-established schools with large endowments and newly established institutions; highly structured schools and those "without walls"; schools designed for students with learning style differences and those that educate by other methods; city schools, community schools and schools surrounded by miles of corn fields.
Activities
Ms. Pass frequently conducts presentations and workshops for regional, national and career-specific associations, as well as for clients that are designed to help faculty, staff and trustees avoid liabilities and maintain compliance with the laws impacting independent schools.
She regularly presents at the National Association of Independent Schools' annual conference and the National Business Officers Association annual symposium.
Ms. Pass has presented before many regional independent school associations and works closely with these groups to help establish best practices for independent schools.
Industries
Education
Government Contractors
Nonprofit Organizations and Associations
Hospitality and Lodging
Memberships
National Business Officers Association
National Association of Independent Schools
American Bar Association
News
January 30, 2007, Experienced Employment/Labor Attorneys Ari Karen and Caryn Pass Join Venable's Employment Practice in Washington
Publications
December 16, 2010, So You Want To Be On The Internet®
Maurice Baskin, Thomas A. Cohn, George E. Constantine, Todd R. Farnsworth, Mikhia E. Hawkins, Lisa M. Hix, George W. Johnston, Matthew T. Journy, Joshua J. Kaufman, Gilead I. Light, Luisa M. Lopez, Caryn G. Pass, Janet F. Satterthwaite, Melissa Landau Steinman, Jeffrey S. Tenenbaum, Armand J. (A.J.) Zottola
Related Topic Area(s): Social Media
May 2010, Update On Red Flags Rules: Approaching June 1 Deadline
Heather J. Broadwater, Thomas A. Cohn, Grace H. Lee, Caryn G. Pass
Independent School Law Alert
May 7, 2010, Social Networking: Unique Challenges for Independent Schools
Caryn G. Pass
Related Topic Area(s): Electronic Communications, Miscellaneous, Social Media
October 27, 2009, Maximizing Revenue Opportunities With Free Government Spectrum Licenses
Heather J. Broadwater, Grace H. Lee, Tony S. Lee, Caryn G. Pass
Independent School Law Alert
October 2009, The "Red Flags" Rule: What Independent Schools Must Know About Complying With New Requirements for Fighting Identity Theft
Heather J. Broadwater, Thomas A. Cohn, Grace H. Lee, Caryn G. Pass
Independent School Law Alert
Summer 2009, "Right-Sizing Your School - A Legal Perspective"
Caryn G. Pass
NAIS Independent School Magazine
January 9, 2009, Independent School Law Alert - New Federal Family and Medical Leave Act and Military Leave Final Regulations Become Effective January 16, 2009
Heather J. Broadwater, Grace H. Lee, Caryn G. Pass
Independent School Law Alert
November 2008, Independent School Law Alert - The New Form 990: Is Your School Ready?
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
Independent School Law Alert
October 2008, Independent School Law Alert - President Signs New Law That Will Expand the Number of Employees Protected by the American with Disabilities Act
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
Independent School Law Alert
September 2008, Independent School Law Alert - Preparations Independent Schools Should Consider Now for the 2008 EEO-1 Report Filing
Caryn G. Pass, Grace H. Lee, Heather J. Broadwater
Independent School Law Alert
February 2008, Independent School Law Alert - No Longer Children: What to Consider When Students Reach the Age of Majority
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
Independent School Law Alert
February 2008, Independent School Law Alert - The Benefits and Risks to Schools in Classifying Individuals as "Independent Contractors"
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
Independent School Law Alert
Events/Speaking Engagements
Ms. Pass frequently conducts presentations and workshops for associations, human resources groups and clients that are designed to help employers avoid liabilities and maintain compliance with employment laws.
She regularly presents at the National Association of Independent Schools' annual conference and the National Business Officers Association annual training institute.
Ms. Pass has presented before many regional independent school associations and works closely with these groups to help establish best practices for independent schools. Ms. Pass has made presentations to several local Society for Human Resource Management groups as well as at the National Society for Human Resource Management's annual conference.
She is regularly quoted in publications where she provides practical advice to employers on topics such as wage and hour, FMLA and other employment matters.
Past Events
December 7, 2011, "Drafting Enrollment Contracts for the 2012-2013 School Year" webinar for the North Carolina Association of Independent Schools
Caryn G. Pass
December 1, 2011, "Supervision and Professional Development; Legal issues and Trends" at the Johns Hopkins Graduate Education Program
Caryn G. Pass
November 15, 2011, "The Legal Aspects of Enrollment Agreements," Secondary School Admission Test Board (SSATB) webinar
Caryn G. Pass
November 3, 2011, National Business Officers Association / National Association of College and University Business Officers Tax Forum on School, College and University Nonprofit Tax Challenges
Caryn G. Pass, Matthew T. Journy, Harry I. Atlas
Related Topic Area(s): Tax and Employee Benefits
October 31, 2011, "Governance Issues Facing Independent School Boards" for the Association of Independent Maryland Schools
Caryn G. Pass
October 23, 2011 - October 24, 2011, "Employment Issues in Independent Schools" at the Southern Association of Independent Schools Annual Conference
Heather J. Broadwater, Caryn G. Pass
October 20, 2011, "Enrollment Contracts: Advice from a Panel of Experts," National Business Officers Association webinar
Caryn G. Pass
July 12, 2011, "Hot Legal Issues in Independent School Admissions" for the Association of Independent School Admission Professionals
Caryn G. Pass
April 13, 2011, Hawaii Association of Independent Schools Conference
Caryn G. Pass
March 7, 2011, Association of Military Colleges and Schools of the United States (AMCSUS) Annual Meeting
Caryn G. Pass
Related Topic Area(s): Corporate Governance, Electronic Communications, Employment Law, Miscellaneous, Social Media
February 27, 2011 - March 1, 2011, 90th Annual Meeting for the National Association of Principals of Schools for Girls (NAPSG)
Caryn G. Pass
February 24, 2011 - February 25, 2011, 2011 National Association of Independent Schools (NAIS) Annual Conference
Heather J. Broadwater, Grace H. Lee, Caryn G. Pass
February 21, 2011 - February 23, 2011, National Business Officers Association (NBOA) Symposium 2011
Caryn G. Pass, Grace H. Lee
December 7, 2010, Drafting 2011-2012 Enrollment Contracts and Employment Agreements: Hot Legal Issues
Caryn G. Pass, Grace H. Lee
October 1, 2010, Leadership Conference for Heads of School and Board Chairs, Association of Independent Schools of Greater Washington
Caryn G. Pass
June 24, 2010 - June 25, 2010, "Managing Legal Risks for Boarding Schools" at The Association of Boarding Schools' (TABS) conference in Wilmington, DE
Caryn G. Pass
May 3, 2010, "Enforcing a School's Enrollment Contract" at the Florida Independent School Business Officers Conference in Orlando
Caryn G. Pass
April 29, 2010, "Legal Trends in Independent Schools" at the New Jersey Association of Independent Schools' Business Officers Retreat in Lambertville, NJ
Caryn G. Pass
April 27, 2010, "Social Networking: Unique Challenges for Independent Schools" seminar presented by Venable Independent School Lawyers and RCM&D Education Group Consultants
Caryn G. Pass, Grace H. Lee
April 21, 2010, "Social Networking: Unique Challenges for Independent Schools" seminar presented by Venable Independent School Lawyers and RCM&D Education Group Consultants
Caryn G. Pass, Grace H. Lee
February 25, 2010 - February 26, 2010, "Legal Strategies for Navigating Difficult Economic Times" and "Form 990 Fallout; Lessons Learned" at the National Association of Independent Schools Annual Conference
Caryn G. Pass
February 24, 2010, "Dotting the I's and Crossing the T's: Effectively Negotiating the Head of School's Contract" at the National Business Officers Association 2010 Annual Conference
Caryn G. Pass
February 21, 2010, "Effectively Negotiating the Head of School's Contract" at the National Association of Principals of Schools for Girls 2010 Annual Conference in Napa, California
Caryn G. Pass
November 18, 2009, Independent School Employment Law Update
Grace H. Lee, Caryn G. Pass
November 4, 2009, "Form 990 Fallout; Lessons Learned" and "Hot Human Resource Issues Facing Independent Schools" at the Independent Schools Association of the Southwest's November Heads Meeting
Caryn G. Pass
November 2, 2009, "Marshaling Your Resources: The Legal Implications of Cost-Containment Strategies" at the VAIS Annual Conference
Caryn G. Pass
October 28, 2009, "A Legal Review of Admission Policies and Procedures" at the PEJE Admission Community of Practice
Caryn G. Pass
June 29, 2009, "Safe and Healthy: Best Practices for Risk Management in Residential Life" at the Association of Boarding Schools' Risk Management Conference
Caryn G. Pass
June 29, 2009, Caryn Pass to Present at The Association of Boarding Schools' Risk Management Conference
Caryn G. Pass
April 22, 2009, Venable hosts seminar on Best Practices for Non-compete Agreements for Women's Employment Law Networking Group
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
April 20, 2009, National Business Officers Association - Issues in Independent School Law
Caryn G. Pass, Grace H. Lee
April 16, 2009, Association of Business Officers of Preparatory Schools
Caryn G. Pass
March 4, 2009, Partnership for Excellence in Jewish Education Financial Management Community of Practice Call "Rightsizing: Responding to the New Economic Trends"
Caryn G. Pass
February 27, 2009, National Association of Independent Schools 2009 Annual Conference
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
February 25, 2009, National Business Officers Association 2009 Symposium
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
January 14, 2009, "Americans with Disabilities Act Amendments Act of 2008 Seminar," presentation for the Women's Employment Law Networking Group
Caryn G. Pass, Heather J. Broadwater, Lesley Pate Marlin, Grace H. Lee
May 14, 2008, National Business Officers Association Webinar on "Handbooks"
Caryn G. Pass, Heather J. Broadwater
May 7, 2008 - May 9, 2008, NYSAIS/CAIS Business Affairs Conference
Caryn G. Pass
April 15, 2008, Association of Independent Maryland Schools (AIMS)
Caryn G. Pass
March 26, 2008, National Business Officers Association Webinar on "Safe Schools"
Caryn G. Pass
February 28, 2008 - February 29, 2008, National Association of Independent Schools 2008 Annual Conference
Caryn G. Pass, Heather J. Broadwater
February 26, 2008 - February 27, 2008, National Business Officers Association 2008 Symposium
Caryn G. Pass, Heather J. Broadwater
February 13, 2008, National Business Officers Association Webinar on "Sustainability of Faculty: The Legal Side"
Caryn G. Pass
January 9, 2008, National Business Officers Association Webinar on "Hiring and Employment Contracts"
Caryn G. Pass, Heather J. Broadwater
December 12, 2007, National Business Officers Association Webinar on "Independent Contractors, Employee Classifications and Exemptions"
Caryn G. Pass
December 4, 2007, Association of Business Officers of Preparatory Schools (ABOPS) Annual Conference
Caryn G. Pass
November 14, 2007, National Business Officers Association Webinar on "Admissions & Enrollment Contracts"
Caryn G. Pass, Grace H. Lee
October 10, 2007, National Business Officers Association Webinar on "Responding to Changing Trends in Faculty and Staff"
Caryn G. Pass
June 19, 2007, National Business Officers Association, Summer Institute at Cushing Academy
Caryn G. Pass
April 26, 2007, Virginia Association of Independent Schools Business Officers Institute
Caryn G. Pass
April 13, 2007, Association of Business Officers of Boarding Schools
Caryn G. Pass
April 12, 2007, Association of Business Officers of Independent Schools
Caryn G. Pass
March 1, 2007 - March 2, 2007, National Association of Independent Schools 2007 Annual Conference
Caryn G. Pass, Heather J. Broadwater, Grace H. Lee
February 27, 2007, National Business Officers Association 2007 Symposium
Caryn G. Pass, Grace H. Lee, Heather J. Broadwater
2007, "Trends in Administrators Employment Agreements" for the Association of Business Officers of Independent Schools
Caryn G. Pass
2007, VAIS Business Managers Conference 2006 - "Critical issues in Employment Laws; A review for Independent Schools"
Caryn G. Pass
2005-2006, NBOA Employment Law Seminar: Critical Issues for Independent Schools
Heather J. Broadwater, Caryn G. Pass
2006, The Classrooms Legal Challenges
Heather J. Broadwater, Caryn G. Pass
2006, National Business Officers Association 2006 Symposium
Heather J. Broadwater, Caryn G. Pass
2006, National Association of Independent Schools 2006 Annual Conference
Caryn G. Pass, Heather J. Broadwater
2006, Association of Independent Schools of Greater Washington
Caryn G. Pass, Heather J. Broadwater
2005, Association of Independent Schools of New England Business Managers Conference 2005 - "Critical issues in Employment Laws; A review for Independent Schools"
Caryn G. Pass
Biotech Industry Organization, BIO HR2001 - "Critical issues in Employment Laws"
Caryn G. Pass
School Law
As a partner with the nationwide law firm Venable LLP, Caryn Pass represents independent schools throughout the country. She advises educational institutions on a wide range of issues facing her clients in these ever-changing times. The foundation of her practice is the philosophy that effective legal counsel must be consistent with a school's culture. She works collaboratively with her clients, actively joining their team to make certain she is intimately familiar with the school's operations, mission, and environment. As a practitioner to schools nationwide, Ms. Pass brings a wide range of experience to the table. Extensive and daily interaction with independent schools provides her with the ability to track trends and patterns and understand the nuances specific to independent schools. This advantage promotes the development of best practices.
Well versed in school law, Ms. Pass advises clients in virtually every type of legal matter. Independent schools enjoy the benefit of interacting with many constituencies including students, parents, employees, trustees, donors, alumni, neighbors, and vendors. Ms. Pass assists her clients navigate these relationships by establishing policies, procedures, strategies and best practices that promote positive working and learning environments while limiting potential liability exposure. A problem solver and strategic thinker, Ms. Pass assists schools in achieving their goals in the manner that bests meets that institution's needs.
Ms. Pass drafts, reviews and revises documents utilized by independent schools, including teacher and faculty employment contracts, enrollment agreements, and agreements between schools and vendors. She counsels schools in the development of policies related to students, parents, employees, and trustees. She ensures due diligence and fiscal oversight by reviewing insurance policies and the adequacy of coverage.
Ms. Pass works on the development and implementation of hiring policies that effectively ensure the recruitment and selection of the highest quality faculty and staff. She also works with schools on wage and hour compliance, counsel and discipline of employees, family and medical leave management, performance evaluation design, and the termination of the employment relationship and the defense of wrongful termination claims. She advises schools in establishing and enforcing harassment prevention programs and in conducting investigations into allegations involving students, employees, and other members of the school community. In addition, she counsels schools on student safety, welfare, and discipline issues, student and faculty handbooks, and a variety of day-to-day challenges facing independent schools.
Ms. Pass works with trustees in designing and revising by-laws, assuring Charter and Article of Incorporation compliance and developing governance policies and competencies. Her extensive experience in resolving conflicts and navigating disagreements among and between trustees, as well as between trustees and the Head of School, has proven beneficial to all parties and invaluable to the health and welfare of the institution.
Ms. Pass is well-known for her commitment to mentoring, supporting, and developing the next generation of independent school leadership and has provided extensive assistance in the creation of Head of School transition plans and strategies for positioning the school to receive support and secure the incoming Head's success. She navigates trustees through the search and selection of a School Head and the negotiation of the Head's employment agreement including the intermediate sanctions process, the collection of comparable data and the options for incentivizing and motivating the Head of School.