FAQS
Can any of the attorneys in the office answer any sort of legal question?
Answer: When you contact the office, you may always ask for any attorney you choose, but, if you tell the person answering the phone the nature of your question, that person will know which attorney might best assist you. Certain of the attorneys have more experience with certain types of questions. Click on this link to see a table which shows which attorney(s) might best address your particular type of legal question.
If a lawsuit is filed against me, what legal protection does the University provide?
Answer: Under the Kansas Tort Claims Act, as a State employee you will receive legal representation by an attorney without cost to you, and any judgments are paid by the State for lawsuits about actions within the scope of your employment.
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.
If I am served with a summons and am named as a defendant in a lawsuit, whom do I contact?
Answer: Notify the Office of the General Counsel immediately, because a summons requires that your attorney answer the petition or complaint against you within a specified period of time.
If I receive a request for records, that is not a subpoena, whom do I contact?
Answer: On the Lawrence campus: Jane Rosenthal, Privacy Coordinator, in the Provost's Office (864-9528 or 864-4904); at KUMC, contact Jim Cooper, Assistant to the Vice Chancellor for Administration (913-588-1499). Under the Kansas Open Records Act, the University has three (3) business days in which to respond.
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. Consult with this office about how best to proceed. Consult and work with HR/EO on the investigation. Even if no one is willing to make a written complaint, you must take action.
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.
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.
How are claims made?
Answer: For non-automobile claims, contact the Office of the General Counsel on either the Lawrence campus (785-864-3276) or the KUMC campus (913-588-7281) to obtain claim forms for personal injury or property damage claims. For automobile claims or reporting accidents, on the Lawrence campus contact Steve Green in Facilities Operations (864-4706) for the State's auto insurance agent; at KUMC, please call 913-588-7984 or Police Dispatch at 913-588-5030.
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 for spontaneous use. For use on the Internet, copying must be handled differently.
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.
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.
Who has authority to sign contracts on behalf of the University?
Answer: See the Chancellor's Delegation of Contracting Authority.
How am I supposed to handle academic misconduct by a student?
Answer: For Lawrence campus: 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. For KUMC, each School or Department has its own procedures for such allegations.
What steps must department heads or supervisory personnel take when an employee's job performance is deteriorating and there is reason to suspect that this may be due to the use of alcohol or drugs?
Answer: The appropriate action is described in the Substance Abuse Policy and Procedure linked here.
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