Appalachian State Unversity Attorney's Office
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University of North Carolina Division of Legal Affairs Contact Information: Dayton Cole, University Attorney
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FREQUENTLY ASKED QUESTIONS
EMPLOYMENT
Question: If I wish to participate as a principal investigator in a grant project, may I sign the contracts the research sponsor sent me?
Answer: No. Only certain senior administrators with delegated signature authority may sign a contract or agreement on behalf of the University. Please contact Office of the University Attorney at 262-2751 for additional information or legal review and referral for signature of a contract.
Question: May I enter into consulting arrangements?
Answer: A qualified yes. Employees who are exempt from the State Personnel Act (faculty and EPA non-faculty) are subject to the Board of Governors’ Policy Statement on External Professional Activities of Faculty and other Professional Staff and Appalachian’s Policy on Conflicts of Interest and Commitment. Consulting must be done in accordance with those policies. If you have additional questions, please contact your supervisor. Employees who are subject to the State Personnel Act (SPA employees) must follow the state’s guidelines on secondary employment. Please contact the Director, Office of Human Resource Services, at 262-3186 for additional information.
Question: May I donate my consulting fees to the University?
Answer: Yes. However, there are personal tax consequences associated with the income. There are also, generally, personal tax benefits associated with a donation. Additionally, if you decide to make a gift, the funds must be deposited into a trust fund over which you have no direct or indirect control. Please contact the Office of University Advancement at 828-262-2060 or your personal tax and/or legal advisor if you have additional questions.
Question: A vendor has contacted me about donating some excess product inventory to my department. How do I accept this gift?
Answer: Proposed gifts of tangible personal property should be reported to the Office of University Advancement. Please consult the Office of University Advancement at 262-2090 or Office of the University Attorney at 262-2751.
LIABILITY
Question: Am I liable if I’m sued for something arising out of my employment at the University?
Answer: You could be, but the State offers the following protections. The North Carolina Defense of State Employees Act provides that an employee may request legal representation by the Attorney General if he or she is sued over matters arising within the course and scope of University employment. If the Attorney General consents to representation, the University is responsible for the first $500,000 of any judgment and, unless covered by an exclusion, the Excess Liability Insurance Policy carried by the State at no charge to you would cover judgments up to $5,000,000 per employee, $5,000,000 per occurrence, and $10,000,000 per annual aggregate. If you receive a notice that you are or might be an individual defendant, please contact the Office of the University Attorney at 262-2751 for assistance.
Question: Do I have to hire my own attorney if Im sued for something arising out of my employment at the University?
Answer: Probably not. The North Carolina Defense of State Employees Act provides that an employee may request legal representation by the Attorney General if he or she is sued over matters arising within the course and scope of University employment. However, the Attorney General could decline to represent you if he or she determines that:
(1) The act or omission was not within the scope and course of your employment; or
(2) You acted or failed to act because of actual fraud, corruption, or actual malice; or
(3) The defense of the action or proceeding by the State would create a conflict of interest between the State and you; or
(4) The defense of the action or proceeding would not be in the best interests of the State.
Under certain circumstances, the University may reimburse you for the costs of outside counsel if the Attorney General declines representation. If you receive a notice that you are or might be an individual defendant, please contact the Office of the University Attorney at 262-2751 for assistance.
Question: If someone is hurt on University property can he or she get reimbursed for medical expenses?
Answer: If the injured person was acting as a university employee at the time of the injury, the employee’s medical expenses generally will be covered by workers compensation. Employees may contact the Office of Safety and Workers’ Compensation at 262-4008 for additional information, and should report such an injury immediately in accordance with the North Carolina State Employee Safety and Health handbook (www.osp.state.nc.us/wprpsh/safetybk.htm). A person who was not an employee performing job duties at the time of the injury may be reimbursed for medical expenses and other damages if the injury was caused by the negligence of a named university employee. To obtain a claim form, contact the office of the University Attorney at 262-2751. The University is not permitted to carry general liability insurance to cover this kind of circumstance.
PRIVACY
Question: Does the University monitor my email?
Answer: Generally no. As a general practice, the University offices charged with overseeing the email systems on campus do not routinely monitor individual accounts of employees or students. However, the University reserves the right to access information about an employee’s or student’s account if there is reasonable belief that the State-owned equipment is being used for an unlawful or unauthorized purpose. Please consult the University's Policy on Computer Usage.
PUBLIC RECORDS/OPEN MEETINGS
Question: I have just received a subpoena requesting information for a court case. What should I do?
Answer: Sometimes offices or employees on campus will receive a subpoena requiring that the University produce certain information or witnesses for a court case either in North Carolina or in another state. If you receive such a request in a lawsuit, you should note the date on which the information is required to be produced and then fax the request immediately to the Office of the University Attorney at fax number 262-8056. This Office will advise university officials as to whether they are legally required to comply with a subpeona.
Question: What personnel file information is considered to be public information and, thus, required to be disclosed?
Answer: Name, age, date of original employment or appointment to the State service, current position, title, current salary, date and amount of most recent increase or decrease in salary, date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification, and the office or station to which the employee is currently assigned
Question: I am the Chair of a Committee/Task Force here. How do I know if my meeting is subject to the Open Meetings requirements?
Answer: Because the University is a public institution, a number of its bodies may be subject to the State’s Open Meetings law. This law generally requires that public business be conducted in public, with notification requirements prior to the meeting so that people may attend. For more detailed information, see the document entitled Guidelines on Defining “Public Body” within the Meaning of the Open Meetings Act. If you still have questions, please contact the Office of the University Attorney.
Question: I am a University instructor. Does a student have the right to see my personal notes about him/her?
Answer: A student does not have the right to see your personal notes about him/her if the notes meet all the following conditions:
However, if the notes do not meet these requirements, they will be considered part of the student's "education records" as defined by the Family Educational Rights and Privacy Act (FERPA), and the student can inspect them. For more information about FERPA, please consult the University’s policy on Family Educational Rights and Privacy Act of 1974 or the Office of the University Attorney at 262-2751.
USE OF UNIVERSITY EQUIPMENT AND/OR FACILITIES
Question: May my Teaching Assistant drive a State car?
Answer: Yes, if the use of the car is within the scope of the student’s duties as a Teaching Assistant. Only University employees (including temporary student employees) may drive state-owned automobiles. Please see the Policy on University Motor Vehicles for more information.
Question: May an employee use a University computer for personal purposes?
Answer: Yes, provided the use complies with the University’s Computer Usage Policy. The use must be for non-commercial personal matters, the extent of the use must be incidental, and the use must not interfere with the employee’s work responsibilities.
Departments must have an established sign-out procedure for removing University equipment from campus. See also the Policy on Borrowing Computer Equipment and Procedure for
Question: Since Appalachian State University is a public institution of higher education, can anyone use its facilities for free speech activities?
Answer: The University’s mission as an educational institution is the first order of priority governing use of its facilities. The University’s Policy on Facility Use, Solicitation, Distribution of Printed Materials, Unscheduled Public Speaking Areas, and Peaceful Assembly identifies portions of campus where any person can engage in unscheduled public speaking so long as that activity does not interfere with the University’s routine operations or create an unreasonable risk of harm to other people or property. Other facilities must be scheduled in advance, as also provided in the policy reference above. The university reserves the right to place reasonable time, place and manner restrictions on such activities consonant with the university’s mission.
LEGAL FAQ’S
Question: I have a student who possibly cheated on a mid-term exam. How should I address this situation?
Answer: Begin by reviewing the Student Academic Integrity Code. This policy defines academic integrity and provides guidelines for evaluation this type of concern.
Question: I teach an outdoor recreation class that requires a hike up South Mountain. Should students sign any type of release before participating in the hike?
Answer: Yes. If students are required to participate in field trips or other activities off campus, they should sign a Release, Indemnity and Assumption of Risk form. You can access a sample form. Please contact the University Attorney's Office to ensure that the form is applicable and is worded appropriately for your particular activity.
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