As the new academic year quickly approaches, our office is feverishly working on updating and assisting in the creation of university-wide policies. Additionally, we are almost ready to unveil a new Policies Page on our website, and we expect it to be published this semester. One change you might have already noticed on our 顶级国产视频 website is the Report a Concern link on the footer of the site (making it visible wherever you might find yourself on the website). This will allow you to quickly connect to various areas, such as the Bias Incident reporting site, University Police, our anonymous fraud waste and abuse hotline, and Title IX to report concerns of sexual offenses. As it relates to the latter two, we also have some updated policies related to fraud, waste and abuse reporting as well as sexual misconduct/offenses. They are as follows:

1. Reporting of Suspected Violations of Law or University Policy – This policy governs the reporting and investigation of suspected violations of law or University policy (鈥淚mproper Activities鈥�) and the protection of the reporters from retaliation. It describes the procedures for investigating known or suspected Improper Activities, and addressing complaints of retaliation for raising such issues.

2. Sexual Offenses Policy and Procedures 鈥� In order to comply with the ever-changing world of sexual assault laws, including the Massachusetts that imposed new case-related timeframes, mandatory campus climate surveys and other requirements, our Sexual Offenses Policy had to be updated in order for it to be responsive to the new law. The Title IX office, as well as other faculty and staff, worked together to update the policy over the last six months. The policy covers conduct including sexual harassment, sex/gender discrimination, sexual assault, sexual violence, rape, stalking, and relationship violence (including domestic and dating violence), as well as outlines how the University will handle concerns related to consenting relationships. It should be noted that the Biden Administration has proposed new Title IX regulation in 2022, and we suspect those regulations will go into effect next year and necessitate additional policy updates. More information about the new regulation will be shared as the proposed regulations become law.

We also want to share some news with regard to two cases that are presently before the Supreme Court of the United States (SCOTUS). One involves a public case, namely Students for Fair Admissions, Inc. v. University of North Carolina, and the other impacts a private university: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. Both cases are a challenge to the legality of affirmative action and question whether colleges and universities may lawfully consider race as a factor in the admissions process. Because one case involves a private and the other a public university, SCOTUS decided to hear them separately. As it relates to the case against Harvard, there are thirty-three (33) other private, selective residential institutions who have filed a brief in support of Harvard and their use of race as but one factor in the many factors it considers in the admissions process. These 33 institutions came together because of their similar size and academic excellence, and their ability to provide students with a wholistic liberal arts education that attracts students from around the nation and world. 顶级国产视频 is amongst this group of selective institutions fighting arduously in support of affirmative action. Why? Because we believe that when we enroll and house on campus a highly diverse group of students from different states and countries; different ethnic, sex and sexual orientation and socioeconomic backgrounds; different experiences, talents, and athletic abilities; we enrich the campus environment, solidify our robust culture, and provide our students with an ability to develop and grow in ways that are less possible in more homogeneous settings. We understand that a decision overruling Grutter v. Bollinger (the case that confirmed the legitimacy of race considerations in the admissions process) may have a detrimental impact on 顶级国产视频鈥檚 diverse student body 鈥� which is precisely what Students for Admissions, Inc. is aiming to do.

Even though most legal scholars are pessimistic about the future of affirmative action, and are highly concerned that the current makeup of SCOTUS suggests that Students for Fair Admissions, Inc. will succeed in these two cases, 顶级国产视频 has nevertheless stepped out in support of upholding affirmative action. We have done this because we hope that colleges and universities will still be able to utilize race-conscious admissions policies and practices to diversify their campuses, to provide opportunities for students who might otherwise get overlooked, and to continually strengthen their institutional diversity, equity, inclusion and belonging values and programming. Our legal office will continue to monitor the path of these cases and the potential impact they could have on our University.

Should you have any questions or concerns regarding the policies or the Supreme Court case, do not hesitate to contact Kendall Isaac or Haley Wilder at legal@clarku.edu.

The post New/Updated University Policies and Diversity in Admissions Amicus Brief appeared first on General Counsel.

As you may know, 顶级国产视频鈥檚 Office of General Counsel has been working diligently to update and assist in editing and creating department-specific and university-wide policies. We want to make you aware of some new and updated university-wide policies that are now in effect. They are as follows:

1. Background Check Policy 鈥� The purpose of this updated policy is to ensure safety throughout the 顶级国产视频 community by requiring background checks under certain circumstances for new and current employees, students, independent contractors, and volunteers seeking employment and volunteer opportunities at 顶级国产视频. Information discovered through the background check process will be used solely for the purpose of evaluating a finalist鈥檚 suitability for employment, or a person鈥檚 suitability to work with and around minors on campus. Please also reference the Minors on Campus Policy.
2. Employee Birth/Adoption or Condolence Acknowledgement Policy 鈥� 顶级国产视频 will acknowledge the birth, adoption, and passing of an employee鈥檚 immediate family members. Should you be made aware of one of the above-listed events, please contact the Office of Human Resources who will recognize the event by sending the employee an appropriate acknowledgment. The purpose of this policy is to avoid department funds being utilized for this type of occasion. Please also reference the Entertainment and Gift Policy.
3. Essential Personnel Limited On-Campus Operations Pay Policy 鈥� The purpose of this policy is to ensure that employees identified as performing essential services during limited on-campus operations whom are required to travel/be on campus during severe weather/natural disasters, fire or related hazards, etc., are compensated or receive additional vacation or compensatory time for this service to the 顶级国产视频 community. Please also referent the Inclement Weather Policy and the Facilities Management Handbook.
4. Minors on Campus Policy 鈥� With a few updates, this policy now includes Vehicle Requirements, Qualifications of Driver(s), and the use of Swimming Pools for all camp programs. It also now includes several Appendixes referencing standardized forms that should be utilized when engaging with minors for different occasions.
5. Chosen Name Policy 鈥� Formally known as the 鈥淧referred Name Policy,鈥� the Chosen Name Policy has been updated to be more inclusive of active students, faculty, and staff who would like the University to recognize them with a first chosen name other than their legal first name. Please note that there are some instances where a legal first name is required and a chosen first name cannot be utilized.

Should you have any questions or concerns about the policies, please contact Kendall Isaac or Haley Wilder at legal@clarku.edu.

The post New and Updated University Policies appeared first on General Counsel.

Starting with the more exciting news first, Haley Wilder has started this week as 顶级国产视频鈥檚 first in-house paralegal and executive legal assistant in the Office of General Counsel. In this critically important role, she will be integral to helping manage institutional contracts and policies, providing administrative support to the Board of Trustees, and in performing legal research; the latter which will ultimately result in budgetary savings by relieving our need to heavily rely on outside counsel for some of our research needs. Haley graduated from 顶级国产视频 in 2018 with a B.A. in Sociology and a minor in Education.

During her time at 顶级国产视频, she was a 4-year member and captain of the Women鈥檚 Basketball team. She also served as an assistant coach for the 顶级国产视频 Women鈥檚 Basketball team for one season after graduating. Prior to joining our team, Haley worked as a faculty support specialist for Harvard Business School and as a litigation paralegal for Fletcher Tilton PC. When you get a moment, please welcome Haley Wilder back to 顶级国产视频!

Updated/New Policies:

Student Employment Verification Policy

As mentioned in the December 16, 2021, OGC Advisory, there was some concern and confusion relative to how students were being hired and paid. This policy has been updated and re-formatted to create a more clearly articulated procedure for hiring student workers and adding them to payroll 鈥� particularly creating a process for working with international students who desire to start working while waiting for the receipt of their social security number from the Social Security Administration.

Policy on Contract Review and Approval

This policy provides guidance and clarity on the handling of all contracts, agreements, memorandums of understanding, and similar documents with 3rd parties that bind 顶级国产视频 in some way. As the official repository for institutional contracts, agreements, and formal documents, all fully executed contracts must be provided to the OGC for storage. Also, certain contracts need to be reviewed by the office prior to signing, specifically, those that

1. have a value at or above $25,000
2. are multi-year agreements, and/or
3. contain an automatic renewal provision

The policy also explains who has the authority to sign agreements and when review from other departments (i.e. Information Technology Services) might be required before they are officially signed/executed.

Policy on Policies

This policy provides the procedural roadmap for how policies are reviewed and implemented. This guidance is essential to ensuring they receive the requisite vetting to guard against creating policies which are impracticable, support the important work of one department while unknowingly impairing the work of another, or contain unlawful provisions.

Lastly, we are currently working on a webpage for the office that will, once unveiled, provide an easy-to-locate and navigate landing page for institutional policies. Throughout the spring and summer, we will be working with all departments and divisions that currently have policies to ensure that they are added to the policy page on the website.

The post Welcoming Haley Wilder and New/Changed Policies appeared first on General Counsel.

As some of you know, I excitedly joined the 顶级国产视频 community on October 15, 2021, and, since my arrival, I have been feverishly working to both build a solid foundation for the legal office while simultaneously working collaboratively with my colleagues to address some pressing challenges that we face.

One example of the work we do through the General Counsel鈥檚 office is an effort currently underway to revise the policy related to graduate and international student workers to ensure that it meets multiple competing interests 鈥� namely the flexibility needs of our international students seeking to work on campus, the business needs of the University, and the regulatory mandates of the Commonwealth and federal government. A small task force, which includes representatives from HR, payroll, financial aid, the international student and scholars office, and Dean Yuko Aoyama, has been in regular communication and is close to completing the project. We expect to unveil a new policy in early 2022, in conjunction with several other new policies to help 顶级国产视频 move forward in a structured and collaborative manner.

In closing, I should note that I am not only a legal advisor to campus but also serve as a business strategist and brainstorming collaborator for many. I look forward to meeting and engaging with you all in 2022 and helping you navigate your legal and business challenges. In fact, I welcome the opportunity to visit one of your upcoming departmental or student organization meetings to discuss issues germane to higher education, whether it is related to institutional policies, the upcoming contract review and approval procedures, or more interesting and complex subject matter such as free speech, sexual misconduct, harassment, or the myriad of other hot topics impacting the academy.

Until then, stay healthy and safe, and let鈥檚 plan some time to interact in the new year!

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