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> Office of Legal Counsel
FAQ -- Liability for Injuries
- What To Do If You Receive a Subpoena, a Summons and Complaint, Or Are Called
By An Attorney About University-Related Business.
- The Office of Legal Counsel provides legal representation for the University
and all employees when they are conducting University business. If you
receive legal documents, such as a subpoena or a summons, you should contact
your Legal Counsel as soon as possible because there are usually deadlines
associated with these documents that have legal consequences. Any legal
document should be reviewed by a University lawyer before any response is
made. Similarly, if you get called or visited by an outside attorney
regarding matters of University business, you should refer him/her to Legal
Counsel before you should talk to him/her about matters related to
University business. Legal Counsel will know what laws and regulations apply
and can advise you regarding matters that may involve pending litigation or
interpretation of law, regulations or policy. Legal Counsel may handle all
the contacts with the outside attorney from the her office if appropriate.
- I have a student who possibly cheated on a mid-term exam. How should I
address this situation?
- Begin by reviewing the Student Academic Integrity Policy. This policy
defines academic integrity and provides guidelines for evaluating this type
of concern.
- I teach an outdoor recreation class that requires a hike up South Mountain.
Should students sign any type of release before participating in the hike?
- Yes. If students are required to participate in field trips or other
activities off campus they should sign a Release, Indemnity and Assumption
of Risk form. You can access the form in (MS Word) or PDF.
- May I use the student's social security number to post grades?
- This is not a good idea for a number of reasons, especially in the case of
small classes where other students may be able to figure out who is who. In
addition to the federal Privacy Act, The Federal Educational Rights and
Privacy Act (FERPA), also known as "the Buckley Amendment," specifically
states that social security numbers are considered to be "personally
identifiable information" that may not be released without written consent
from the student. 34 C.F.R. 99.3 The consent a student gives to disclose
the number to you is not the same as consent for you to disclose it to
others.
In a publication entitled "Guidelines for Post secondary Institutions for
Implementation of the Family Educational Rights and Privacy Act of 1974 as
Amended," (1995), the American Association of Collegiate Registrars and
Admissions Officers (AACRAO) has this to say:
"The public posting of grades either by student's name, institutional
student identification number, or social security number, without the
student's written permission is a violation of FERPA. Even with names
obscured, numeric student identifier numbers are considered personally
identifiable information. Therefore, the practice of posting grades by
social security number or student identification number violates FERPA.
Instructors and others who post grades should use a system that ensures
FERPA requirements are met. This can be accomplished either by obtaining the
student's uncoerced written permission to do so or by using code words or
randomly assigned numbers that only the instructor and individual student
know. The order of posting should not be alphabetic."
Another method which can be used to notify students of their final or other
grades by faculty prior to official institutional notification is to have
any interested students provide a self-addressed and stamped envelope. The
instructor can then mail the grade to the student.
- What are the procedures for obtaining permission to serve alcohol on
campus?
- The university rules regarding the events which will have alcoholic beverage
service on campus are found at
http://www2.montana.edu/policy/facility_use/facuse1000.html#1080.00.
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- What is Nepotism?
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