1. American Mathematical Society
Workshop for Department Chairs and Department Leaders
January 3, 2017
Legal issues and difficult situations
Krista Maxson, Vice President for Academic Affairs
The University of Science and Arts of Oklahoma

2. DISCLAIMER
I am not an attorney. This presentation is not intended to provide legal advice but merely meant to remind or draw attention to issues that an academic department chair may encounter.

3. Title IX of the Education Amendments Act of 1972 is a federal law that states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
What do you need to be aware of as chair?

4. Title IX You should (have) receive Title IX training.
You should know who your Title IX coordinator is.
You are an official of the institution and have responsibilities of reporting Title IX issues
Student confides in you about an experience that made them feel uncomfortable (what do you do?)

5. Title IX 
What types of Title IX cases does OCR (Office for Civil Rights) handle?
OCR handles cases of sex discrimination involving a range of issues, such as discriminatory discipline, harassment and sexual violence, and unequal access to educational resources (such as STEM or career and technical education) or athletic opportunities.
(leads to 56 page power point presentation from OCR)

6. Title IX discussions
Title IX investigator wants to see one of your faculty member’s student evaluations. What do you do?
Student misses a multitude of classes due to morning sickness. What do you do?
The only tenured female professor in your department has retired. What do you do?

7. Family Educational Rights and Privacy Act (FERPA)
FERPA is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.

8. Family Educational Rights and Privacy Act (FERPA)
When may a school disclose information to parents of dependent students?
Under FERPA, schools may release any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules.
A parent calls you on the phone and reports that their child is a dependent and they want you to tell them their grade. What do you do?

9. Family Educational Rights and Privacy Act (FERPA)
A student is claimed as a dependent student on his parents’ IRS tax form. However, the student has requested that the college not permit his parents to have access to his education records. Does the college have to honor the student’s request since the rights under FERPA have transferred to him?
No. Although the disclosure of education records to parents of a dependent student is permissive and not required, the student cannot prevent the school from disclosing the records under this exception to consent or any other exception to consent listed in FERPA.

10. FERPA discussions
It comes to your attention that a faculty member announces test scores in class. What do you do?
The newly formed math club wants you to give them the contact information of all math majors on campus. What do you do?
It comes to your attention that a faculty member leaves graded assignments outside their door for students to pick up at their leisure. What do you do?

11. The Americans with Disabilities Act (ADA)
became law in The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
Provides information, guidance, and training on the American with Disabilities Act.

12. ADA discussions
Student with allergies complains about a comfort animal being brought to class. What do you do?
Faculty member does not want to be recorded when a student with hearing and vision impairments is enrolled in their class. What do you do?
Do you have any examples that have arisen on your campus?

13. Other issues:
The new dean is reviewing faculty lines and determines that you have too many faculty based on the number of mathematics majors. What do you do?
One of your faculty members makes a inappropriate post on social media. (Student is offended and brings it to your attention) What do you do?
Faculty member submits grant proposal promising participation from faculty in department before consulting them or you.

14. Other issues:
Due to budget cuts, travel funds have decreased significantly. How do you determine the allocation of what you do have?
You are asked to determine how you would cut 5% of your operational budget. What if it was your total budget including compensation. Do you know your total budget and all the release time that is provided for in your department?
Do you have any examples that have occurred on your campus?