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L a w o n C a m p u s for chairs and administrators

L a w o n C a m p u s for chairs and administrators. Paul Tanaka, Office of University Counsel http ://http:// www.universitycounsel.iastate.edu. Office of University Counsel. Maureen De Armond — Employment/Discrimination Paula DeAngelo— Business/Contracts/Research Compliance

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L a w o n C a m p u s for chairs and administrators

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  1. L a w o n C a m p u sfor chairs and administrators Paul Tanaka, Office of University Counsel http://http://www.universitycounsel.iastate.edu

  2. Office of University Counsel • Maureen De Armond— • Employment/Discrimination • Paula DeAngelo— • Business/Contracts/Research Compliance • Keith Bystrom— • Students/Risk Management/Athletics • Paul Tanaka— • Administration/Policy

  3. Attorneys Representing ISU OUC attorneys represent and advise the Institution or Units—Not individuals By Regents Policy, Outside Counsel are hired through OUC and Regents By Law, the Attorney General represents ISU and its employees in court

  4. Liability Protectionor, What happens if I get sued? • It is rare for chairs or associate deans to be named in lawsuits • By law, you are protected from monetary damages as long as: • You are acting in the scope of employment • Acts are not willful and wanton or the result of malfeasance • You cooperate with investigation and defense • The State pays such claims and provides legal defense for employees

  5. Compliance is not a 4 Letter Word—but getting closer every day • We live in an era of pervasive regulation • For higher education counsel: Issue No 1 • Impact: • Inefficient solutions • More policy • More process • More training • Our job remains helping you achieve your mission

  6. What Can Go Wrong?Events around the country Penn State: Jerry Sandusky UCLA: The People v. Patrick Harran University of Tennessee: US v. J. Reece Roth

  7. Origins of Scandal Who we hire and retain Lack of values/culture consistent with public policy Failure to recognize red flags Lack of knowledge Lack of support and infrastructure Incompetence A public primed for blame

  8. Where Chairs Make a Difference • Character counts • Self-serving or mission-serving? • Conflict of interest • Grow antennae—Detect red flags • Something’s not quite right . . .

  9. Where Chairs Make a Difference-2 • Early and Voluntary Resolution • Basic Fairness—Meet, listen and consider • Not everyone is reasonable, so document why you are • Later, everyone is invested in the dispute

  10. Where Chairs Make a Difference-3 • Follow our (your) policies • www.policy.iastate.edu • Use the resources available • Ombuds Office • Employee Assistance Program (EAP) • Student Assistance Program (Dean of Students) • SVPP, HR, EO, OUC

  11. Areas of Special Concern • Disciplinary action—Due Process • Discrimination and harassment • Safety of students and children • Research Compliance • Conflict of Interest • Research Misconduct • Export Controls • Disability/Medical (ADA, FMLA)

  12. Reminders • Signature Authority: Chairs have no inherent authority except for: • P-Card • Professional Services up to $2000 • Honoraria • Be conscious of: • Public Records law • Privacy of Information (FERPA, Medical Records)

  13. Questions? http://www.universitycounsel.iastate.edu/

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