1. FACULTY DIRECTOR TRAINING OFFICE OF EDUCATION ABROAD 1 Legal Issues and Education Abroad

2. Liability issues 2  Protections in place for university employees  Immunity, Indemnification, Insurance  When one would fall outside of the institution’s coverage  If your “actions were manifestly outside the scope of [your] employment or official responsibilities, or unless [you] acted with malicious purpose, in bad faith, or in a wanton or reckless manner.”

3. Liability issues Address problems  Comply with federal and state law  Follow university policies and procedures  Comply with the requirements of due process – notice and opportunity to be heard  Do not discriminate  Do not be arbitrary Make Reasonable Decisions

4. Ohio Ethics Laws Prohibition on use of your university position to gain something of value  Civil and criminal penalties Situations to be aware of What it means for you as a director 4

5. Student Privacy & Open Records  Student privacy  HIPAA  FERPA FERPA  Covers “education records”  An education record is a record maintained by the university in any medium that personally identifies a student. 5

6. Student Privacy & Open Records Student Rights re. their education records  Right to review his or her education records and amend a record that is inaccurate  Right to have education records kept private, unless the student has consented in writing to disclosure Existing FERPA release in Conditions of Participation

7. Student Privacy & Open Records Situations in which written consent is not required to disclose a student’s education record  Employee or agent of the university has a legitimate educational interest in the information – means they need the information to do their job  Parent or Guardian of dependent student (as defined by federal tax law)  Consent is preferred  Dependency Form http://www.ohio.edu/registrar/upload/Dependency- Certificate-of.pdf http://www.ohio.edu/registrar/upload/Dependency- Certificate-of.pdf

8. Student Privacy & Open Records Situations in which written consent is not required to disclose a student’s education record (cont.)  Health & Safety Emergency  Can disclose to anyone who can assist  Must document reason  SRCC as a resource

9. Student Privacy & Open Records  Public Records  A public record is a record that document the organization, functions, and activities of a public office  Exceptions  Medical Information  FERPA  BUT, only the protected information

10. Americans with Disabilities Act If a student has a disability, a record of a disability, or is perceived as having a disability, we must engage in an interactive process to determine if reasonable accommodations can be put in place to give student access to a program, including an education abroad program. 10

11. University sexual harassment policy What constitutes sexual harassment?  See Ohio University Policy and Procedure 03.004: Sexual Misconduct ( http://www.ohio.edu/policy/03-004.html): "Sexual Misconduct" includes sexual harassment and sexual violence prohibited as unlawful discriminatory conduct under Title VII of the Civil Rights Act of 1964 (as amended), Title IX of the Education Amendments of 1972, and Ohio Revised Code Section 4112.02.  Sexual harassment, nonconsensual sexual intercourse, nonconsensual sexual contact, and sexual exploitation Requirement to report to Office for Institutional Equity 11

12. Ohio University Notice of Non- Discrimination 12 Ohio University does not discriminate on the basis of race, color, religion, national origin, sex, disability, sexual orientation, gender identity or expression, age, or military veteran status in its employment practices or in the provision of educational programs and services. Laura J. Myers is the contact person for questions regarding this and handles inquiries and complaints. myersl@ohio.edu 740-593-2620 www.ohio.edu/equity/

13. Thank you! My contact information: Barb Nalazek Association General Counsel Office of Legal Affairs nalazek@ohio.edu 740-593-2626