Transcript Consent by Minors I. General Rule

Legal Issues
in Higher Education
By Barbara L. Shiels
Associate General Counsel
February 19, 2009
This presentation is for information purposes
only and should not be construed as legal
advice or counsel.
Broad Spectrum
of Legal Issues
 Assuring Rights/Enforcing
Obligations of Employees and
Students
 Creation and Dissemination of
Information/Intellectual Property
 Wide Array of Business
Transactions
Office of General Counsel (OGC)
addresses legal issues through
 Transactions Attorneys
 Counseling Attorneys
 Litigation Attorneys
Transactions Attorneys
review and negotiate agreements
in areas of:
 Research Sponsorship
 Technology Transfer
 Educational
Affiliations
 Real Estate
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Construction
Purchasing
External Sales
Software Licensing
International
Programs
Counseling Attorneys
provide advice regarding:
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Labor & Employment
Student Affairs
Data Practices/Privacy
Equal
Opportunity/NonDiscrimination
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Research Regulation
Health Law
Copyright/Trademark
Campus
Safety/Security
Litigation Attorneys
represent the University in
adversarial proceedings
 Court Actions
 External Agency
Proceedings
 Arbitrations
 Internal
Grievance/Disciplinary
Hearings if
employee/student is
represented by counsel
EMPLOYMENT ISSUES
Faculty Performance/Discipline

Department heads have authority to coach/counsel
faculty.
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Authority to impose minor discipline (§ 10.22
Tenure Code) or suspension/termination (§ 14) rests
with dean.
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Post-tenure review initiated by department head and
standing peer merit review committee (§ 7a).
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Dean convenes special peer review panel of five
faculty (§ 7a.3).
EMPLOYMENT ISSUES
Consulting
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Under new consulting policy (July 2006), outside
consulting/commitments cannot compete with
University coursework or services.
Use of University resources for consulting
discouraged; prior approval and payment of fee
required for significant use of University resources.
Limitations on use of University name, trademark,
stationary, facilities, etc. apply to all employees.
Dual appointments (e.g., University/VA) cannot
exceed 120% total.
EMPLOYMENT ISSUES
Conflict of Interest
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Conflict of interest disclosures (REPA form)
typically are reviewed first by department head, then
dean’s office.
All faculty/PA employees and others responsible for
research must complete REPA annually even if they
have no conflict to report.
Activities with moderate to high potential for
conflict must be reviewed by conflict review
committee.
Conflicts of senior officials are handled under
institutional conflict of interest policy.
EMPLOYMENT ISSUES
Immigration / Visa Issues
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Foreign Nationals must have permanent residence or
proper work authorization to be employed here.
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Employees awaiting receipt of visa/work
authorization may not work or volunteer.
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Foreign faculty must have permanent residence for
position with tenure or sign special contract.
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New search is sometimes needed under DOL rules
to sponsor foreign faculty for permanent residence.
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Employees/units using outside immigration attorney
must work through OGC for necessary approvals.
EMPLOYMENT ISSUES
Internal Dispute / Conflict Resolution
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All non-unionized employees may use Office for
Conflict Resolution (formerly Grievance Office)
for informal processes or formal grievances.
Employees alleging discrimination file with
Equal Opportunity Office or Conflict
Resolution, but not both.
Senate Judicial Committee hears complaints
related to Tenure Code (e.g., tenure denial,
tenure termination, academic freedom).
OGC represents unit at hearings only if
employee is represented by own attorney.
STUDENT ISSUES
Privacy of Student Records:
FERPA and DPA
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All student records are private except directory
information.
Students entitled to access own records (w/
limited exceptions).
Student’s written consent generally required to
release records.
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Exceptions include health and safety emergencies.
Limited internal sharing of student records
permitted on “need to know” basis.
STUDENT ISSUES
Liability for Student Injuries on
Field Trips/Clinical Sites

University likely is responsible for negligence
if trip is a required part of course.
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Waivers of Liability may be valid for optional
trips or activities.
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University must exercise reasonable care in
selecting required rotation/internship sites.
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For learning abroad experiences, students must
sign waiver and purchase special international
insurance.
STUDENT ISSUES
Academic Deficiencies
 Students must be given notice of
deficiencies and notice of possible
dismissal prior to termination for
academic reasons.
 Less due process required for academic
dismissals than for discipline based on
student misconduct.
 Courts tend not to interfere with the
academic decisions of universities.
STUDENT ISSUES
Behavioral Violations
 All University students are subject to
student conduct code.
 Many U of M colleges, particularly in
health science/professional schools,
have established their own additional
behavior codes.
 Due process hearing is required before
disciplining a student for behavioral
violations.
STUDENT ISSUES
Students with Disabilities

ADA and state law give disabled students
equal opportunity to participate.
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Student may succeed or fail.
Qualified student is one who is able to meet
essential elements of program with or without
reasonable accommodations.
If student requests accommodations, refer
student to University Disability Services (DS).
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Don’t grant accommodations without
working through DS.
STUDENT ISSUES
Internal Dispute/Conflict Resolution
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Student Conflict Resolution Center is a
resource for students facing conflicts with U.
Formal complaint mechanisms are Regents
Student Conflict Resolution Policy and Equal
Opportunity Office.
Students charged with misconduct are entitled
to one due process hearing (college or U level)
and one U-wide appeal.
OGC represents unit at hearings only if
student is represented by own attorney.
PRACTICE TIPS
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Know your unit/college and relevant
institutional policies and follow them.
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Do not be careless or too casual in your
written communications, especially email.
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Follow up on improprieties, suspicions of
misconduct.

Hold employees accountable for
misconduct/supervisors accountable for lax
supervision.
PRACTICE TIPS
 Utilize University resources to help you
do your job (examples)
 Human Resources (www1.umn.edu/ohr/)
 Employee Assistance (www1.umn.edu/ohr/eap)
 Office of the General Counsel
(www.academic.umn.edu/provost/index.html)
 International Student & Scholar Services
(www.isss.umn.edu)
 Department of Audits (www1.umn.edu/audit/Index.html)
 University Police (www1.umn.edu/police)
PRACTICE TIPS
 Utilize University resources to help you
do your job (more examples)
 Disability Services (http://ds.umn.edu)
 Office of Equal Opportunity and Affirmative Action
(www.eoaffact.umn.edu)
 Office for Student Conduct and Academic Integrity
(www1.umn.edu/oscai)
 Provost Committee on Mental Health
(www.mentalhealth.umn.edu)
 Vice Provost for Student Affairs (www.osa.umn.edu)
PRACTICE TIPS
 When to Contact the OGC
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Served with a Summons and Complaint
Served with a Subpoena
Contacted by adverse attorney
Entering into unique contract
Making critical employment decision
Have policy-making or interpretation issue
Have information access issues
Unsure if need legal assistance
Would like training session from attorneys