I.
General Topics from Office of General Counsel for Department Chairs (Fall 2007)
Institutional Identity Issues
A. Tax exempt status
1. Political activities
2.
3.
Lobbying
Unrelated business income
4.
5.
Private inurement/private benefit
Gifts vs. non-gifts (sponsored programs, deliverables, control)
B. Property tax exemption
1.
2.
3.
Exclusive educational use
Incidental non-educational use
Tax-exempt bond property
C. Educational institution (SACS)
D. Religious identity
E. NCAA Membership
F. Contracts/Grants/Waiver
II. Federal financial assistance issues
A.
B.
C.
Discrimination
FERPA and Privacy Generally
Disability (Mental health cases)
D.
E.
Others (Clery Act, Drug Free Workplace, EADA)
Federal False Claims Act (accreditation, grants, contracts)
III.
Activity issues
A.
Contracts
1.
Written
2.
Oral
3.
Reliance on representations
4.
Signature authority
B.
Travel
C.
International Issues
1. International academic programs
2.
3.
4.
5.
Travel warnings
Economic Sanctions
Import and Export Laws
Safety and Health
D. Personnel issues
1. Hiring, affirmative action, and genuine diversity
2.
3.
Performance Evaluations and Promotions
Tenure Processes a. b.
Annual review
Tenure review c. Representations to candidates d. Departmental expectations
1

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
8. b. c.
H1
Other
Conflict of Interest
9. Intellectual Property/Technology Transfer
D. Risk Management and Insurance
1. Identification of risk a. b. c. d.
Strategic
Operational
Reputational
Financial
2. e. Compliance
Shifting or Sharing of Risk a. Contractual promises b. c.
Joint ventures/activities/consortiums
Insurance i. General ii. Specific to activity d.
Institutional vs. Individual i.
One, the other, or both ii.
Respondeat superior and unfaithful agents iii.
Defense and Indemnification
Management of Risk 3. a. Identification (Portfolio) b. Minimization and planning c. Containment d. e. f.
Crisis planning
Enterprise risk management concept
Operational Insurance Program i. Tenant User Liability Insurance Program ii. Third Party Contract Insurance Guidelines iii.
Baylor’s Insurance Program
2