1. If a lawsuit is filed against me, what legal protection does the University provide?
2. If I receive a subpoena, whom do I contact?
3. If I receive a request for records, that is not a subpoena, whom do I contact?
4. What is a supervisor's responsibility when someone provides information about sexual harassment?
5. Does an instructor have to provide classroom accommodations to students with disabilities?
6. Does the University have general liablity insurance for claims of loss or damage?
7. How are claims made?
8. May faculty copy copyrighted work for educational purposes?
9. Whose cars should be used to transport students on field trips?
10. Under what circumstances may I discuss a student's record with a colleague?
11. Who has authority to sign contracts on behalf of the University?
12. How am I supposed to handle academic misconduct by a student?
1. If a lawsuit is filed against me, what legal protection does the University provide?
Answer: If the University or one of its employees is sued for a non-criminal act that is within the scope of his or her employment, then the Kansas Tort Claims Act provides that the employee will be provided legal representation, upon request of the employee to the Kansas Attorney General, without cost in the lawsuit. If there is a judgment against the University or its employees or settlement of the claim, there is a state fund to pay such claims, or the University may pay the claim.2. If I receive a subpoena, whom do I contact?
Answer: Notify the Office of the General Counsel immediately, because a subpoena is an official document from a court. Deadlines apply for responding to a subpoena for records or for appearance at trial.
3. If I receive a request for records, that is not a subpoena, whom do I contact?
Answer: Jane Rosenthal, Privacy Coordinator, in the Provost's Office (864-9528 or 864-4904). Under the Kansas Open Records Act, the University has three (3) business days in which to respond.4. What is a supervisor's responsibility when someone provides information about sexual harassment?
Answer: Don't ignore it. Be receptive, but don't promise absolute confidentiality. Ask questions about how best to proceed (864-3276). Consult and work with HR/EO (864-3686) on the investigation. Even if no one is willing to make a written complaint, there must be follow-up on the information.
5. Does an instructor have to provide classroom accommodations to students with disabilities?
Answer: Yes. Once a student's disability has been verified by KU's Academic Achievement and Access Center, providing classroom accommodations (such as taping lectures or providing extended time on exams) is required. The Americans with Disabilities Act (ADA) requires the University to provide effective accommodations to students with disabilities.
6. Does the University have general liablity insurance for claims of loss or damage?
Answer: No, the University doesn't have general liability insurance for paying claims against it. However, the Kansas Tort Claims Act provides liability protection for the University and its employees. Through the State's policy, the University does have liability insurance for operation of motor vehicles, and for drivers and riders engaged in official state business.
Answer: For non-automobile claims, the Office of the General Counsel can send claim forms upon request (864-3276). For automobile claims or reporting accidents, contact Steve Green in Facilities Operations (864-4706) for the State's auto insurance agent.
8. May faculty copy copyrighted work for educational purposes?
Answer: It depends on how much, how often, and what media. "Fair use" allows limited amounts of copying of others' copyrighted works for teaching, research and scholarship. For using copies of copyrighted works provided as electronic copies, access must be limited to students enrolled in the course through use of passwords and other technology.
9. Whose cars should be used to transport students on field trips?
Answer: Preferably, have University employees drive Motor Pool vehicles for mandatory field trips. The State Auto Liability Insurance policy will provide primary coverage for employees' cars being used, but a student driver's own insurance is primary coverage for claims involving the student driving his or her own car.
10. Under what circumstances may I discuss a student's record with a colleague?
Answer: The University's Student Records Policy and the federal Family Educational Rights and Privacy Act require that the colleague have a "legitimate educational interest" in obtaining the information.
11. Who has authority to sign contracts on behalf of the University?
Answer: See the Chancellor's Delegation of Contracting Authority.
12. How am I supposed to handle academic misconduct by a student?
Answer: Consult with the department chairperson and follow School/College procedures for academic misconduct hearings. Check University Senate Rules and Regulations (USRR) Section 6 for the sanctions an instructor can impose. If an instructor wants other sanctions for the academic misconduct, the Dean's Office must be involved.
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The University of Kansas Office of the General Counsel 1450 Jayhawk Blvd., #245 Lawrence, KS 66045 785-864-3276 |
Copyright © 2008 by The University of Kansas |
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