Frequently Asked Questions
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.
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.
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 firstname.lastname@example.org) to obtain claim forms for personal injury or property damage claims. For automobile claims, contact Ben Schulteis, Insurance Program Manager, by email at email@example.com.
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.