1. Legal Issues in Higher Education By Barbara L. Shiels Associate General Counsel October 8, 2009 This presentation is for information purposes only and should not be construed as legal advice or counsel.

3. Creation and Dissemination of Information/Intellectual Property

5. Counseling Attorneys

7. Technology Transfer

8. Educational Affiliations

9. Real Estate

10. Construction

11. Purchasing

12. External Sales

13. Software Licensing

15. Student Affairs

16. Data Practices/Privacy

17. Equal Opportunity/Non-Discrimination

18. Research Regulation

19. Health Law

20. Copyright/Trademark

22. External Agency Proceedings

23. Arbitrations

25. Authority to impose minor discipline (§ 10.22 Tenure Code) or suspension/termination (§ 14) rests with dean.

26. Post-tenure review initiated by department head and standing peer merit review committee (§ 7a).

28. Use of University resources for consulting is discouraged; prior approval and payment of fee required for significant use of University resources.

29. Limitations on use of University name, trademark, stationary, facilities, etc. apply to all employees.

31. All faculty/PA employees and others responsible for research must complete REPA annually even if they have no outside professional activities to report.

32. Conflict review committees (Provost and AHC) review conflict cases and develop plans to manage, reduce or eliminate the conflict.

34. Employees awaiting receipt of visa/work authorization may not work or volunteer.

35. Foreign faculty must have permanent residence for position with tenure or sign special contract.

36. New search is sometimes needed under DOL rules to sponsor foreign faculty for permanent residence.

38. Employees alleging discrimination file with Equal Opportunity Office or Conflict Resolution, but not both.

39. Senate Judicial Committee hears complaints related to Tenure Code (e.g., tenure denial, tenure termination, academic freedom).

41. Students are entitled to access their own records (with limited exceptions).

42. Student’s written consent generally is required to release records.

43. Exceptions include health and safety emergencies.

45. Waivers of Liability may be valid for optional trips or activities.

46. University must exercise reasonable care in selecting required rotation/internship sites.

48. Less due process is required for academic dismissals than for discipline based on student misconduct.

50. Many U of M colleges, particularly health science/professional schools, have established their own additional behavior codes.

52. Student may succeed or fail.

53. Qualified student is one who is able to meet essential elements of program with or without reasonable accommodations.

54. If student requests accommodations, refer student to University Disability Services (DS).

56. Formal complaint mechanisms are Regents Student Conflict Resolution Policy and Equal Opportunity Office.

57. Students charged with misconduct are entitled to one due process hearing (college or U level) and one U-wide appeal.

59. Do not be careless or too casual in your written communications, especially email.

60. Follow up on improprieties, suspicions of misconduct.

62. Human Resources (www1.umn.edu/ohr/)

63. Employee Assistance (www1.umn.edu/ohr/eap)

64. Office of the General Counsel (www.academic.umn.edu/provost/index.html)

65. International Student & Scholar Services (www.isss.umn.edu)

66. Department of Audits (www1.umn.edu/audit/Index.html)

68. Disability Services (http://ds.umn.edu)

69. Office of Equal Opportunity and Affirmative Action (www.eoaffact.umn.edu)

70. Office for Student Conduct and Academic Integrity (www1.umn.edu/oscai)

71. Provost Committee on Mental Health (www.mentalhealth.umn.edu)

73. Served with a Summons and Complaint

74. Served with a Subpoena

75. Contacted by adverse attorney

76. Entering into unique contract

77. Making critical employment decision

78. Have policy-making or interpretation issue

79. Have information access issues

80. Unsure if need legal assistance

81. Would like training session from attorneys