PASSHE CHAIRPERSON CONFERENCE May 15, 2014 By: Richard D. Miller, Esquire and Paul N. Lalley, Esquire Campbell Durrant Beatty Palombo & Miller, P.C. 535 Smithfield Street, Suite 700 Pittsburgh, PA What Happens in the Classroom Stays in the Classroom? Not Anymore! Legal Issues in Higher Education

Why Were You Elected Chairperson of Your Department? It’s your turn Nobody else wanted to do it You were the compromise candidate Everybody likes you Nobody likes you

Why Were You Elected Chairperson of Your Department? You have demonstrated your ability to: Take on administrative issues Obtain a consensus among your colleagues in less than 2 years Make unbiased decisions based upon the facts Treat similar fact situations consistently Uphold the best traditions of academia

Department Chairperson’s Role Per the CBA Directs activities of the Department, subject to approval of Dean/Director: Develops departmental plans, guidelines and internal office operations Directs department’s administrative organization Represents academic discipline both on and off campus Recommends personnel actions, curricular changes, course offerings, teaching assignments and department budget

Department Chairperson’s Role Per the CBA Recommendations on appointment of faculty Performance review and evaluation of faculty Recommendations for renewal and non- renewal Recommendations for tenure Recommendations for promotion

Department Chairperson’s “Perceived” Role You run the Department Faculty members report to you Faculty members will do what you tell them to do

How Do These Two “Roles” Mesh When it Comes to What Happens in the Classroom? Students will come to you assuming either: You can give them the answer You can make things right What they tell you will be maintained confidentially If you do not respond in the manner they want, you are covering up for your fellow faculty member.

Protect Yourself: From What? Types of claims raised by students Types of claims raised by others Potential liability Of the University Of University representatives Know or should have known standard

How Will You Find Out About Problems in the Classroom? Faculty members Students Facebook s Texts Face-to-face Lawsuit

Preparing for What is Going to Land on Your Desk Review your University’s policies on: Grade appeals Social equity Student code of conduct Harassment and discrimination You do not need to be an expert on the details You do need to make sure you understand where to direct certain concerns

What is Going to Land on Your Desk? Course is too hard Course is too easy Course is not what I thought it would be Professor is not responsive to questions Professor is boring Professor talks over our heads

What is Going to Land on Your Desk? Professor is late for class every day Professor does not keep office hours Professor does not keep scheduled appointments

What is Going to Land on Your Desk? Professor gave me an unfair grade Professor gives females better grades than males Professor asked for sex in exchange for good grade

What is Going to Land on Your Desk? Professor is demeaning Professor acts in a discriminatory manner Professor came to class drunk Professor threatened student I have a disability that the professor will not accommodate

Continuum of Responses Counsel student Encourage student to discuss with faculty member Discuss with faculty member Memorialize discussion with faculty member Refer student to appropriate department or office Report to appropriate office or department

Protecting the Rights of Students and Faculty Members Students: Obtaining enough information -The recalcitrant complainant -Nailing down the specifics Confidentiality issues -What assurances can you make?

Protecting the Rights of Students and Faculty Members Faculty Members: Due process -Notice and an opportunity to respond Evaluation process Article 43 process -Who decides?

Wearing Two Hats Department chairperson and fellow faculty member

Questions