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