General Topics from Office of General Counsel for Department Chairs... I. Institutional Identity Issues

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II.

III.

I.

General Topics from Office of General Counsel for Department Chairs (Fall 2007)

Institutional Identity Issues

A. Tax exempt status

1.

2.

3.

Political activities

Lobbying

Unrelated business income

B.

C.

D.

E.

F.

4.

5.

Private inurement/private benefit

Gifts vs. non-gifts (sponsored programs, deliverables, control)

Property tax exemption

1.

2.

3.

Exclusive educational use

Incidental non-educational use

Tax-exempt bond property

Educational institution (SACS)

Religious identity

NCAA Membership

Contracts/Grants/Waiver

Federal financial assistance issues

A.

B.

C.

D.

E.

Discrimination

FERPA and Privacy Generally

Disability (Mental health cases)

Others (Clery Act, Drug Free Workplace, EADA)

Federal False Claims Act (accreditation, grants, contracts)

Activity issues

A.

B.

C.

D.

Contracts

1.

Written

2.

3.

4.

Oral

Reliance on representations

Signature authority

Travel

International Issues

1. International academic programs

2. Travel warnings

3.

4.

5.

Economic Sanctions

Import and Export Laws

Safety and Health

Personnel issues

1. Hiring, affirmative action, and genuine diversity

2.

3.

Performance Evaluations and Promotions

Tenure Processes a. b.

Annual review

Tenure review c. d.

Representations to candidates

Departmental expectations

1

D.

6.

7.

5.

4. Non-tenured faculty a. b. c. c. d. e.

Temporary Lecturers

Lecturers and Senior Lecturers

Notice of non-reappointment d. Reasons for non-reappointment

Problem situations a. b.

Absences

Documentation

Family Medical Leave Act

Long-Term Disability Benefit

Other Benefits f. Americans with Disabilities Act/Section 504 Rehab Act

Graduate students/student workers a. Fair Labor Standards Act b. c.

Individual exposure

Organizational efforts

Immigration a. Green cards

3.

2.

8. b. c.

H1

Other

Conflict of Interest

9. Intellectual Property/Technology Transfer

Risk Management and Insurance

1. Identification of risk a. b. c. d.

Strategic

Operational

Reputational

Financial e. Compliance

Shifting or Sharing of Risk a. Contractual promises b. c.

Joint ventures/activities/consortiums

Insurance i. General d.

ii. Specific to activity

Institutional vs. Individual i.

ii.

One, the other, or both

Respondeat superior and unfaithful agents iii.

Defense and Indemnification

Management of Risk a. b. c. d. e. f.

Identification (Portfolio)

Minimization and planning

Containment

Crisis planning

Enterprise risk management concept

Operational Insurance Program i. ii. iii.

Tenant User Liability Insurance Program

Third Party Contract Insurance Guidelines

Baylor’s Insurance Program

2

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