Frequently Asked Questions

FAQ

Answer: When you contact the Office of the General Counsel, you may always ask for an attorney of your choosing, but, our attorneys have a breadth of experience in different areas of the law. If you describe the nature of your legal question we may be able to direct the issue to the attorney best suited to assist you. Direct inquiries and requests to gencoun@ku.edu.

Answer: Under the Kansas Tort Claims Act, as an employee of the State of Kansas you will receive legal representation by an attorney without cost to you.  Any judgments for lawsuits arising from actions within the scope of your employment are paid by the State.

Answer: Notify the Office of the General Counsel immediately.  A subpoena is an official document from a court. Deadlines apply for responding to a subpoena for records, or for appearance at a deposition, court hearing or trial.  Reach out to Director of Litigation Jennifer Kellogg in the Office of the General Counsel at jkellogg@ku.edu

Answer: Parker Redel, Program Coordinator and Custodian of Public Records, may be contacted by email at: openrecords@ku.edu. Under the Kansas Open Records Act, the University has three (3) business days in which to respond.

Answer: Do not ignore the information. Be receptive.  Do not make a promise of absolute confidentiality. Consult with this office about how best to proceed. Consult with the Office of Civil Rights and Title IX on the investigation. Even if no one makes a written complaint, you are required to take action.

Answer: Yes. Once a student's disability has been verified by KU's Academic Achievement and Access Center, providing classroom accommodations (such as taping lectures or providing extended time on exams) is required. The Americans with Disabilities Act (ADA) requires the University to provide effective accommodations to students with disabilities.

Answer: No, the University does not have general liability insurance for paying claims against it. The Kansas Tort Claims Act provides liability protection for the University and its employees. Through the State's policy, the University does have liability insurance for operation of motor vehicles and for drivers and riders engaged in official state business.

Answer: For non-automobile claims on any KU campus, contact the Office of the General Counsel (785-864-3276 or gencoun@ku.edu) to obtain claim forms for personal injury or property damage claims. For automobile claims, contact Ben Schulteis, Insurance Program Manager, by email at benschultheis@ku.edu

Answer:  For automobile claims, contact Ben Schulteis, Insurance Program Manager, by email at benschultheis@ku.edu

The University of Kansas is not a 501(c)(3) organization and has never applied for that federal exempt organization designation. Our affiliate, Office of Research (historically known as KUCR), is a 501(c)(3) organization and has operated under that exempt status since its inception. The University of Kansas is political subdivision of the State of Kansas by virtue of the authorizing statute or constitutional provisions of the State of Kansas.  Thus, the University is exempt as a non-profit governmental organization with 3 primary missions:  education, research and public service.

The University of Kansas, which was established in 1864 by a charter granted by the Kansas State Legislature, operates as an agency of the State of Kansas. (K.S.A. §§ 76-711(a), 76-712). As a state educational institution, the University is controlled and managed under the supervision of the Kansas Board of Regents. (K.S.A. § 76-712). The Chancellor is considered the chief executive officer and is appointed by the Board of Regents. (K.S.A. § 76-714).  Many (but not all) of the state laws governing the University’s structure are found in Kansas Statutes Chapter 76, Article 7.

While the KU Lawrence campus and the University of Kansas Medical Center (KUMC) campus each receive their own state budget, they are not separate universities. The KU Lawrence campus is the main campus of the University, and students have attended classes there since 1866. KUMC, which is now comprised of the Schools of Medicine, Nursing, and Health Professions, was established as a separate campus of the University in 1905 through the merger of a number of proprietary medical schools. The first building on the present site in Kansas City was opened in 1924. The University also has campuses in Overland Park, Salina, and Wichita.

The University has several affiliated corporations, which are controlled by the University as defined by KBOR, but are separate legal entities (KBOR Policy Manual, Ch. II, Section D.9). These include Kansas Athletics, Inc., the Memorial Union Corporation, and our research corporations KUCR and KUMC-RI. The University’s attorneys in the Office of the General Counsel represent both the University and its controlled affiliates.

Other entities are independently operated and controlled, but with close affiliations to the University. These include the KU Alumni Association, the KU Endowment Association, and the University of Kansas Hospital (now known as the University of Kansas Health System), which was legislatively separated from the University in 1998 to become an independent hospital authority. University attorneys do not represent these non-controlled affiliates.

Answer: It depends on how much, how often, and what media. "Fair use" allows limited amounts of copying for spontaneous use. For use on the Internet, copying must be handled differently.

Answer: Preferably, have University employees drive Motor Pool vehicles for mandatory field trips. The State Auto Liability Insurance policy will provide primary coverage for employees' cars being used, but a student driver's own insurance is primary coverage for claims involving the student driving his or her own vehicle.

Answer: The University's Student Records Policy and the federal Family Educational Rights and Privacy Act (FERPA) require that the colleague have a "legitimate educational interest" in obtaining the information.

Answer: For Lawrence campus: Consult with the department chairperson and follow School/College procedures for academic misconduct hearings. Review University Senate Rules and Regulations (USRR) Section 6 for the sanctions an instructor can impose. If an instructor wants other sanctions for the academic misconduct, the Dean's Office must be involved.

For KUMC, each School or Department has its own procedures for such allegations.

Answer: The appropriate action is described in the Substance Abuse Policy and Procedure.

DISCLAIMER: The Office of the General Counsel of the University of Kansas publishes these web pages for general information only. The pages are not intended to provide specific legal advice for any specific situation. Legal advice can be provided only in the course of an attorney-client relationship with reference to all the facts of a specific situation. This information, therefore, must not be relied on as a substitute for obtaining legal advice from a licensed attorney. While we try to provide links to timely and authoritative information, the content of linked sites is subject to local disclaimers, and the Office of the General Counsel makes no guarantees, express or implied, concerning its accuracy. We recommend that users obtain confirmation from official sources of all information found on World Wide Web sites.