new academic administrators workshop the university of texas at austin august 9, 2013 legal issues...

NEW ACADEMIC ADMINISTRATORS WORKSHOP

THE UNIVERSITY OF TEXAS AT AUSTINAUGUST 9, 2013

Legal Issues – Advice and Resolution:

What You Might Find in Your Inbox

Patti OhlendorfVice President for Legal Affairs

FAC 438 (G4800)Phone 471-1241

Fax 471-1255pohlendorf@austin.utexas.eduhttp://www/utexas.edu/vp/irla/

Handout #1

Copy of Citationand Plaintiff’s

First Amended Petition

Handout #2

Subpoena Duces Tecum

Handout #3

Tort Claim

Handout #4

Complaint from U. S.

Office for Civil Rights

Handout #5

Financial Disclosure

and

Conflict of Interest Statement

Handout #6

Letter to Department ChairRegarding Request under

Texas Public Information Act

Handout #7

Memo to Department ChairRegarding Involvement in

Political Activities byFaculty Member

Date: 7/22/13 Time: 11:25am Voicemail:

WHILE YOU WERE OUT

From Professor John Doe

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Would like to review his promotion and personnel files.

x

x

Date: 9/3/13 Time: 4:30 pm Voicemail:

WHILE YOU WERE OUT

From Professor John Help

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

There is a student with a disability who needs special accommodations.

x

x

Date: 8/5/12 Time: 8:30 am Voicemail:

WHILE YOU WERE OUT

From John Doe – Elementary School Principal

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Involves pornography on a student/employee account (on a web page). Needs to discuss as soon as possible.

x x

x

Date: 8/6/13 Time: 9:30 am Voicemail:

WHILE YOU WERE OUT

From President of

Of Students to Promote Mandatory Studies

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Would like to speak to you about designing their web site, i.e. use of the UT seal, pictures, etc.

x x

x

Handout #8

Copy of Statement RegardingAllegations Against

Faculty Member

Date: 6/11/13 Time: 8:40am Voicemail:

WHILE YOU WERE OUT

From Professor Jane Doe

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Received a terrible score and a threatening note (to kill her) on a student’s evaluation form. What should she do?

x

Date: 10/6/13 Time: 11:15 am Voicemail:

WHILE YOU WERE OUT

From Lawyer John Doe

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Trying to find out if Professor John Law was given rights in all his inventions by the University?

x x

x

Date: 10/5/13 Time: 9:45 am Voicemail:

WHILE YOU WERE OUT

From Jane Doe --EMERGENCY

Of xxxx

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

10 students in her class have fainted from a noxious smell and others are becoming nauseous. What should she do?

x x

x

Date: 9/13/13 Time: 11:35 am Voicemail:

WHILE YOU WERE OUT

From Mrs. Jane Doe

Of

Phone xxx/xxx-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

This parent is very upset. Her son is majoring in your department. She has heard reports that, “sex and drugs run rampant in the dorms.” Please call her.

x x

x

Date: 7/23/13 Time: 10:43am Voicemail:

WHILE YOU WERE OUT

From Professor John Doe

Of

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

He is not going to teach the additional course that you assigned to him and a grievance has been filed.

x

Date: 9/17/13 Time: 11:37am Voicemail:

WHILE YOU WERE OUT

From Student John Doe

Of

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Professor Ima Faculty discriminated against me based on my race. Possible to investigate complaint and not tell professor who made accusation?

x

Date: 4/19/13 Time: 10:29 am Voicemail:

WHILE YOU WERE OUT

From Professor Jane Doe

Of

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Re: liability issue. She wants to have party at restaurant for her class and restaurant wants UT to assume liability for any damages to their property as a result of this event. Will you sign the document?

x x

x

Date: 5/15/13 Time: 11:31 am Voicemail:

WHILE YOU WERE OUT

From Professor Jane Doe

Of

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

She has been teaching one course in one three-hour time slot per week and advising from home. You now want her to teach two classes per week. You will need to pay for her transportation from out of town for these extra responsibilities.

x x

Date: 7/16/13 Time: 8:41 am Voicemail:

WHILE YOU WERE OUT

From Office of Accounting

Of Chair

Phone 1-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

Deceased faculty member’s family used Procard and FedEx account for personal purchases. Card/FedEx account cancelled. FedEx account used again - Accounting has bill . Next step?

x x

x

Date: 10/04/13 Time: 2:04 pm Voicemail:

WHILE YOU WERE OUT

From Anonymous

Of

Phone

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

A bomb is in the Department’s auditorium where Mandatory Studies 301 just began meeting.

x x

x

Date: 11/24/13 Time: 8:45 am Voicemail:

WHILE YOU WERE OUT

From Professor Taka Fieldtrip

Of URGENT - EMERGENCY

Phone xxx-xxx-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

One of the vehicles on departmental field trip involved in accident. One student dead at scene and two taken to hospital. Student driver is not physically harmed but

seems to be in shock. (We are about 30

minutes outside Houston.) What should we do?

x x

x

Date: 7/25/13 Time: 8:00 am Voicemail:

WHILE YOU WERE OUT

From UT Graduate of Mandatory Studies

Of Living out of state

Phone xxx-xxx-xxxx

Telephoned Will Call Again Was In

Please Call Returned Call Important

MESSAGE:

An alum of your department who just retired from XXX State Prison system is moving back to Austin. Request to wed his fiancée during half-time at a UT home football game.

x x

x

Faculty:Rules and Regulations of the UT System Board of

Regents, Series 31008, Section 6.1Section 2-2310, UT Austin Original Handbook of

Operating Procedures

Teaching Assistants and Assistant Instructors:Section 9-2050, UT Austin Original Handbook of

Operating Procedures

Non-Instructional Employees:Section 5-2430, UT Austin Original Handbook of

Operating Procedures

UT Austin Grievance Procedures

Academic Related/Graduate Students – Policy 1.C.2, UT Austin Revised Handbook of Operating ProceduresAcademic Related/Undergraduate Students – Student

Svcs., 2012-2013 General Information CatalogStudent Programs and Student Activity Related – Appendix

C, 2012-2013 General Information CatalogDisability Related – Appendix I, 2012-2013 General Information CatalogSexual Discrimination and Sexual Harassment, Student Misconduct, and Sexual Assault – Appendices D, E, and H, 2012-2013 General Information Catalog

UT Austin Grievance Procedures

Students