1. what your general counsel and human resources would like you to know
Ryan Fuller
Senior University Counsel
Labor and Employment Law
University of Florida

2. The General counsel’s office and you
Laws, rules, regulations, policies, agreements, processes, procedures and their exceptions
We are a resource and are here to help – Don’t go it alone
The earlier you get to us the better
The more information you provide and the more candid you are, the more helpful we can be

3. Legal Issues Commonly Confronted by Chairs
Public Records Outside Activities and Conflicts of Interest Reporting Obligations Document, document, document Employment at-will sort of Accommodations Signing Authority

4. Records Issues
Sunshine Law and Public Records Education (Student) Records Medical Records (HIPAA)

5. Public Records Law
Applies to all materials made or received by an agency that are used to perpetuate, communicate or formalize knowledge. Includes business related texts, IMs and s sent over Gmail and other non-university systems.

6. A request for public records does not need to be in writing.
The requestor need not identify himself or herself.
A reason for the request need not be given.

7. Public records must be retained pursuant to the applicable Records Retention Schedule.
The Public Records Law does not require the release of information (only records) and does not require the creation of new records. .

8. Exemptions from disclosure
Examples:
Education (student) records
Limited access records
Medical records
Social security numbers
Certain research records

9. How to Handle Public Records Requests
Do not hold onto them
Do not attempt to make decisions regarding exemptions
Forward them to you General Counsel’s Office
General Counsel’s Office reviews requests and records before distribution

10. Outside Activities and Conflict of Interest
What is an activity or financial interest that may create a conflict of interest and needs to reported? Guidelines, Policies, and Procedures on Conflict of Interest and Outside Activities, including financial Interests

11. Use of university facilities, equipment or services
Involves student or university employee who is directly or indirectly supervised or evaluated
Doing business with the university or competing with the university
Candidacy or holding public office
Instructional resources authored or published by a faculty member
Professional compensated activity

12. Business activity in same field or discipline
An outside activity or financial interest in an entity that supports the faculty member’s research
An outside activity or financial interest in an entity that licenses technology invented by the faculty member
Any service on a board of directors or board of trustees or as an officer of an entity
Any other outside employment

13. Conflicts are not the end of the world!
However, failing to report them can be.
Chairs can help faculty ensure they are reporting everything.

14. Research –Research Compliance Offices
Additional Assistance Available:
Research –Research Compliance Offices
Non-Research – Provost’s Office
General Counsel’s Office

15. Reporting Obligations
Sexual Harassment
Title IX

16. Sexual Harassment Policy
What is sexual harassment?
Hostile Environment
Quid Pro Quo
Sexual Misconduct
What are the reporting obligations?
Human Resources Available to Assist

17. Title IX Does more than require gender equality in athletics
Prohibits discrimination based on sex in any educational program or activity that receives federal financial support
This includes sexual harassment, sexual violence and sexual assault. Also prohibits retaliation against someone who complains of discrimination or harassment.

18. Chairs are Responsible Individuals under Title IX
You must report observations or reports of sexual harassment, sexual violence, domestic violence, dating violence, sexual assault or stalking
You must report! Notify victim up front.
Confidential resources: e.g. victim advocates, counselors, clergy

19. Report to Title IX Coordinator or equivalent position in Human Resources or Student Affairs
In addition to reporting to Title IX Coordinator, refer victim to victim advocate at university or local police department and provide assistance with contacting resources and academic support

20. Documenting personnel actions
Evaluations – Be honest and set clear goals
Written Counseling Letters – Training tools not discipline
Progressive Discipline – Two counseling letters and a reprimand do not equal a dismissal
Expectations – Document and put faculty on notice

21. ADA Accommodations
Americans With Disabilities Act – Prevents discrimination against individuals with disabilities
Employers are required to provide qualified employees with reasonable accommodations to allow them to perform essential job functions
Reasonable accommodations versus undue burden
Employee does not need to use magic words to make accommodation request
Don’t diagnose and don’t try to determine whether disability really exists, call Human Resources instead

22. Terminations in the absence of tenure
Tenure – Need to have just cause for termination
Non-tenured employees – Generally at-will
They can be terminated at any time for any reason
Sort of
Whistleblowers, retaliation, discrimination – Better have a good reason to terminate
Tenure track may have “tenure light” – Importance of Evaluations
Be careful about what you promise in offer letters and employment agreements:
Multi-year appointments
Employment as long as funding and satisfactory performance
Procedures – jump through all the hoops

23. Signing Authority Simple!
Chairs generally do not have signing authority.
College or OGC can assist.

24. Additional reading Kansas State University Libraries New Prairie Press
Academic Chairpersons Conference Proceedings
32nd Academic Chairpersons Conference, Austin,TX
Legal Issues Department Chairs Often Face, February 6, 2015
Dr. Fernando C. Gomez
Texas State University
Online:

25. QUESTIONS?