On October 5, 2022, the Division of Institutional Integrity presented the annual Legal Symposium. Session descriptions and links to the presentation materials are below.
Session One (plenary)
The Great Calibration: Encouraging Workplace Resilience, Responding to Distressed Colleagues, and Practicing Self-Care. Jesh Humphrey, Vice Chancellor for Institutional Integrity and General Counsel; Scott Deyo, University Ombuds; Cindy Edwards, Employee Relations Director; and Dr. Ticola Ross, Clinical Assistant Professor, School of Social Work.
For more than three years, UNC Charlotte employees have experienced significant and relentless change: an on-campus shooting, an unprecedented pandemic, political tumult, grief and anger stemming from traumatic national and world events . . . the list goes on and on. We now find ourselves confronting the challenges of establishing a “normal” work routine during a time when the nature of the work we do, how we do it, and--in many cases--who we work alongside feels unfamiliar and impermanent. This panel will discuss shifting workplace dynamics, with an emphasis on workplace trends observed in the midst of a pandemic and The Great Resignation, and offer guidance on proactive approaches to avoid, manage, and mitigate workplace conflict. The panel will also provide guidance on identifying and responding to employees in distress, highlighting available resources and support services and addressing applicable legal considerations. Finally, the panel will offer strategies and resources to contend with change, establish healthy boundaries, and ensure that taking care of ourselves is part of our “normal” routine.
Session Two
2A. Sources and Uses of University Funds. Kevin Vehar, Internal Audit Manager; Carrie Smith, Deputy Chief Budget Director; and Greg Verret, Director of Treasury Services.
The University’s operations and activities are supported by a variety of fund sources, and each of these sources has its own spending characteristics and rules. We will discuss the broad categories of these funding sources and some of the key considerations for the use of these funds. We will also highlight several of the key online resources available to departments to guide faculty and staff with their spending practices.
2B. The Kids are Alright: Considerations for University Programs and Activities Involving Minors. Isabel Alele, Assistant General Counsel; Heather Nance, Risk Analyst; Karri Kennedy, Director of Program Management for the School of Professional Studies; and Taylor Faulkner, Program Manager of Youth Programs.
Join presenters from Camps on Campus, Risk Management and Insurance, and the Office of Legal Affairs as they discuss the university’s Minors on Campus policy. During this session, the panel will provide practical information regarding when the Minors on Campus policy applies and the steps to take to ensure compliance and mitigate risk. There will also be discussion regarding best practices, helpful resources, and much, much more!
Session Three
3A. Fearlessly Shaping What’s Next: Uncomplicating the Record Retention Process. Amanda Simpson, Paralegal, and Katie Howell, University Archivist. Moderated by Tina Dadio, University Public Records Officer/Legal Specialist.
This session will provide strategies for document management, including an overview of best practices to kickstart your record retention process. The material will provide simple and practical ways to work through document management from start to finish utilizing campus resources and System policies. Who is responsible for your office archiving? Do you need an internal policy on archiving? Where do you start? What about electronic records? We will also cover the do’s and don’ts of transferring materials to the University Archivist.
3B. Success-ibility: Complying with ADA Guidelines When Planning Your Next UNC Charlotte Event. Erica Solosky, Associate General Counsel and Interim Director of Ethics, Policy, and Compliance; and Katie S. Montie, ADA Project Coordinator.
UNC Charlotte proudly offers exciting and unique temporary events throughout the year to both the campus community and the public. And while that brings many opportunities to enrich the community, it is essential that all UNC Charlotte services, programs, and activities offer accessibility for individuals with disabilities. This session will guide you through the applicable guidelines from the Americans with Disabilities Act (ADA), and equip you with the tools and resources you need to plan a successfully-accessible event.
Session Four
4A. How to Be Your Own Course Hero: Managing Challenges Related to Academic Integrity in the Use of Course Materials and Remote Proctoring. Amy Kelso, Senior Associate General Counsel; Kaela Lindquist, Associate Dean of Students and Director of Student Accountability & Conflict Resolution; and Laura Bizzell Greer, Assistant Director of Student Accountability & Conflict Resolution.
Online course material suppliers like CourseHero and Chegg often present issues for faculty in protecting the intellectual property of their course materials and managing student academic integrity cases. Remote proctoring tools also present issues related to accuracy and student privacy. In this session, the presenters will walk through what the University can and can't do with regard to copyright protection, take-down requests, and holding students accountable for academic misconduct. In addition, the presenters will discuss best practices in monitoring online tests, including the use of remote proctoring tools such as Respondus Monitor, in light of a recent high-profile case about pre-testing room scans.
4B. Navigating Medical Leave and Reasonable Accommodation: What Employees and Managers Need to Know. André Lindsay, Associate General Counsel; Cindy Edwards, Employee Relations Director; and Krissy Kaylor, Employee Benefits Director.
Do you know your rights and options when it comes to taking leave for your own or a family member's serious health condition, which may or may not be COVID-related? This session will review the various laws that apply to medical leaves of absence in the employment context and discuss the complex intersection between those laws when an employee needs a reasonable accommodation due to a disability. The presenters will also explain the various types and processes for leave benefits available to UNC Charlotte employees, including but not limited to family illness leave, short-term disability and long-term disability leave.
Session Five
5A. C-o-I? More Like C-o-Why Should I Care About Certificates of Insurance? A Crash Course on (Almost) Everything You Need to Know About Obtaining and Evaluating Certificates of Insurance. Joe Fiorelli, Director of Risk Management and Insurance.
Have you ever received a certificate of insurance and not been 100% sure what it all meant? Fear not! In this session you will learn about the most common types of insurance that businesses carry and the importance of tracking proof of insurance. We’ll then take a deep dive into the ACORD 25 Certificate of Liability Insurance Form, the most common method by which businesses share information about their insurance, so you can develop a new skill of being able to read and interpret CoIs.
5B. Rethinking Civil Rights at UNC Charlotte: How a New Office is Simplifying Reports, Support, and Response. Dr. Michelle Reinken, Director of Civil Rights and Title IX; André Lindsay, Associate General Counsel; and Sarah Edwards, Senior Associate General Counsel.
What happens when a student or employee reports discrimination or discriminatory harassment to the university? Effective July 1, 2022, UNC Charlotte’s support and other response efforts are coordinated through the *NEW* Office of Civil Rights and Title IX. Join the presenters as they review the federal laws that govern this scope of work, discuss employees’ rights and responsibilities, and explain the policies and principles that are central to putting it all into practice.
Session Six
6A. The Current Contours of the First Amendment. Sarah Edwards, Senior Associate General Counsel.
We all know that the First Amendment provides individuals with constitutional rights to free speech, free exercise of religion, and freedom from the government’s establishment of a religion. But what do those rights mean in 2022? Join the presenter as we review some foundational constitutional principles and explore recent court cases that have tackled gender pronouns, a public employee’s very public prayer, and other hot topics of the day.
6B. Inter-State of Mind: Best Practices for Supporting Employees Located Beyond North Carolina’s Borders. Erica Solosky, Associate General Counsel and Interim Director of Ethics, Policy, and Compliance; Sarah Ekis, Director of Staff Position and Performance Management; and Marlo Hardiman Assistant Controller.
Now that the COVID era has radically impacted the feasibility of remote work, it may seem as easy as cruise control to enable an employee to accomplish their duties from anywhere. However, leave it to the lawyers to pump the brakes on this new era of professional work and issue a few citations on the speed traps associated with navigating multiple jurisdictions' laws. In this session, we will explore the risks and compliance difficulties you may face when deciding to hire an out-of-state or out-of-country employee.