General Topics from Office of General Counsel for Department Chairs (Fall 2007)
Institutional Identity Issues
A. Tax exempt status
1. Political activities
Unrelated business income
Private inurement/private benefit
Gifts vs. non-gifts (sponsored programs, deliverables, control)
B. Property tax exemption
Exclusive educational use
Incidental non-educational use
Tax-exempt bond property
C. Educational institution (SACS)
D. Religious identity
E. NCAA Membership
II. Federal financial assistance issues
FERPA and Privacy Generally
Disability (Mental health cases)
Others (Clery Act, Drug Free Workplace, EADA)
Federal False Claims Act (accreditation, grants, contracts)
Reliance on representations
1. International academic programs
Import and Export Laws
Safety and Health
D. Personnel issues
1. Hiring, affirmative action, and genuine diversity
Performance Evaluations and Promotions
Tenure Processes a. b.
Tenure review c. Representations to candidates d. Departmental expectations
4. Non-tenured faculty a. b. c. c. d. e.
Lecturers and Senior Lecturers
Notice of non-reappointment d. Reasons for non-reappointment
Problem situations a. b.
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.
Immigration a. Green cards
8. b. c.
Conflict of Interest
9. Intellectual Property/Technology Transfer
D. Risk Management and Insurance
1. Identification of risk a. b. c. d.
2. e. Compliance
Shifting or Sharing of Risk a. Contractual promises b. c.
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.
Enterprise risk management concept
Operational Insurance Program i. Tenant User Liability Insurance Program ii. Third Party Contract Insurance Guidelines iii.
Baylor’s Insurance Program