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FACULTY RESOURCES

This web page is designed to be of use to full time faculty and other instructional staff, including lecturers and adjuncts. There are many legal issues that intersect with the day to day activities of faculty members. The Office of General Counsel practices a preventive law approach. We encourage faculty to read the university policies that will assist them in properly performing their work. The policies in the box at right are just a few of the many policies that may impact your work.

Each of the headings below links to additional resources such as waiver and release forms, contract templates for independent contractors, links to relevant university policies and OGC memoranda, guidelines and other similar materials.

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<h3>Current News:</h3> <font size=1> <a href="http://counsel.cua.edu/fedlaw/False.cfm#fera"><b>FERA</b></a> <br>Amendments made by the Fraud Enforcement and Recovery Act of 2009 The new amendments make changes to liability provisions in the Act and specifically overrule the Supreme Court decision in Allison Engine. The law creates a new liability for knowingly concealing or improperly avoiding an obligation to pay money to the government. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/copyright/resources/#cornell"><b>Digital Literacy</b></a> <br>Cornell Digital Literacy Program Contains online tools for students on technology, copyright, plagiarism, privacy, and finding topics. Great resource for everyone. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/employment/publications/#AF"><b>ACE Monograph</b></a> <br>Faulty in Times of Financial Distress, By Anne Franke for ACE Monograph on Examining Governance, Exigency, Layoffs and Alternatives (June 2009) </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw//Ssact.cfm#mayoclinic"><b>Medical Students & FICA</b></a> <br>Mayo Clinic v. US; Regents of University of Minnesota V. US of America; 15 page decision filed June 12, 2009 by 8th Circuit Court of Appeals holding that payments to medical residents do not quallify for the student FICA exemption, as medical residents are full time employees, and the exception is limited to students who are not full time employees. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw//Fringe.cfm#46"><b>Cell Phones</b></a> <br>Substantiating Use of Employer Provided Cell Phones IRS Notice 2009-46 This IRS notice, issued June 8, 2009 seeks comments from the public regarding proposals to simplify the substantiation procedures of an employee's business use of employer provided cell phones. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/I9.cfm#9809"><b>E-Verify Further Delay</b></a> <br>E-Verify Further Delay: The federal government again postponed E-Verify for federal contractors, until Sept. 8, 2009. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/Tax/publications/index.cfm"><b>College Sports </b></a> <br>Tax Preferences and College Sports: A Congressional Budget Office paper prepared May 2009. </font> <br><br> <font size=1> <a href=" http://counsel.cua.edu/tax/publications/"><b>Income Tax Guide</b></a> <br>A Federal Income Tax Guide for College and University Presdents: Presented by ACE and NACUBO, updated May 2009. Topics include federal gross income, fringe benefits, expense reimbursements, deductions, retirement plans, estate taxes and more. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Tila.cfm#credit"><b>Credit Card Accountablity</b></a> <br>The Credit Card Accountability, Responsibility and Disclosure Act of 2009 Amends the Truth in Lending Act to require institutions of higher education to publicly disclose any contract or other agreement made with a card issuer or creditor for purposes of marketing a credit card, prohibits card issuers or creditors from offering certain inducements to college students to apply for credit cards. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/Copyright/publications/index.cfm"><b>CRS on Google Library </b></a> <br>The Google Library Project: Is Digitization For Purposes of Online Indexing Fair Use Under Copyright Law? By Kate Manuel, Legislative Attorney, Congressional Research Service Dated May 14, 2009 </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Phs.cfm#npr"><b>Conflict of Interest NPR</b></a> <br>Responsibility of Applicants for Promoting Objectivity in Research for Which Public Health Service Funding Is Sought and Responsible Prospective Contractors; Request for Comments; Comments due by July 7, 2009. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw//medicare.cfm"><b>Medicare Reporting</b></a> <br>Medicare Secondary Payer Mandatory Reporting Provisions Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 Schools must determine if they are Responsible Reporting Entities (RREs) under this new law. A school would be an RRE if they have to pay a medical or medically related claim for which there is no insurance coverage or if it part of the school's retention and the person to whom the claim is paid is on Medicare, and the reporting threshhold is triggered. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Fcra.cfm#WLU"><b>Identity Theft-Red Flag</b></a> <br>Washington and Lee University Identity Theft Program and Washington and Lee Identity Theft Q and A </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Indepen.cfm#RS"><b>1099 & Research Payments</b></a> <br>Guidance on Payments to Clinical Research Subjects: The IRS has now resolved any lingering ambiguity on this reporting issue by clearly stating in the instructions to Form 1099-MISC that Box 3 should be used to report a payment or series of payments to individuals for participating in a medical research study or studies. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Phs.cfm#stemcell"><b>NIH Stem Cell Guidelines</b></a> <br> IH Stem Cell Draft Guidelines: The National Institutes of Health (NIH) is requesting public comment on draft guidelines entitled &quot;National Institutes of Health Guidelines for Human Stem Cell Research&quot; (Guidelines). </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/Copyright/cases/cases.cfm"><b>AV v. IParadigms</b></a> <br>Decision by U.S. Fourth Circuit Court of Appeals in copyright infringement suit brought by high school students against the operator of Turnitin.com, a plagiarism detection service used by high schools and institutions of higher education. The court held that the defendant's use of plaintiffs' papers was transformative and a fair use. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw//Fcra.cfm#rf"><b>Red Flag Rule delayed</b></a> <br> FTC enforcement will be suspended on the red flag rule (but not the address discrepancy rule for users of consumer reports or the rule regarding change of address applicable to card users) until August 1, 2009. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/StudLife/index.cfm"><b>CDC Swine Flu</b></a> <br>Center for Disease Control Interim Guidance on Case Definitions to be Used for Investigations of Swine Influenza A (H1N1) cases: April 29, 2009 This document provides interim guidance for state and local health departments conducting investigations of human cases of swine-origin influenza A (H1N1) virus (S-OIV). </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/Copyright/index.cfm"><b>Google Book Opt Out </b></a> <br>Google Book Settlement Opt Out Deadline extended until Sept. 4, 2009. See Google website for more information. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Far.cfm#ARRA"><b>ARRA and FAR</b></a> <br>The interim final rules address Whistleblower Protections; Buy American Requirements for Construction Material; Quarterly Reporting Requirements; and Agency Inspector General and Comptroller General Access to Contractor Records and Personnel. </font> <br><br> <font size=1> <a href="http://counsel.cua.edu/fedlaw/Ina1952.cfm#june30"><b>E-Verify</b></a> <br>E-Verify Update! The most recent update on the E-Verify Rule states that the Obama administration is further delaying implementation of the rule, until June 30, 2009. </font> <br><br>

 

 

American Recovery and Reinvestment Act of 2009 Text of Economic Stimulus bill signed by President Obama on Feb. 17, 2009. Related documents include the Conference Committee Reportsummary of tax provisionsProPublica list of spending provisions; White House Office of Management and Budget (OMB) Guidance to Federal Departments and Agencies on implementation (see page 14 for reporting obligations of fund recipients).  See also the U.S. Department of Education Feb. 18, 2009 general overview of the new law and the AAU Chart on Research and Higher Ed provisions in the legislation;  

 

January 20, 2009 Memo to Heads of Executive Departments and Agencies on Regulatory Review

From Rahm Emanuel, summarizing President Obama's plan for managing the Federal reguatory process at the beginning of his administration.  This memo may affect the effective date of certain regulations.

Welcome to CLIC, the “Campus Legal Information Clearinghouse.” CLIC is a collaborative effort between the American Council on Education (ACE) and The Catholic University of America’s Office of General Counsel. The University is especially grateful to ACE for its encouragement and support of CLIC.  Appropriate high quality contributions of material are gratefully accepted.

 

How To Use This Web Page provides details on how to find information and materials on specific topics of federal higher education legal compliance and how to access other parts of our page such as “Fedlaw” (our summaries of all federal laws related to higher education), “Compliance Calendar” (a listing of major dates for federal higher ed compliance tasks) and “CUACounselOnline” (our occasional online newsletter of current higher ed legal issues).  "What's New": the flashing blurbs with blue typeface headlines at the top of this page are links to our newest materials. Clicking on a flashing blue link will take you to more extensive information on that topic.  To find archived material that was previously listed, click here for our old "What's New" material. 

 

Please note that the Links on the Responsible Official Line on the Policy page and the Compliance Partners link on this page link back to that person's compliance page, rather that to the Official university page for that employee.

 

Who We Are provides a description of the staff at The Catholic University of America’s Office of General Counsel.

 

 

 

 

 

 

 

Copyright and Permission to Use: Users of this web page may copy, distribute, and display the materials on this page for any non-commercial purpose without seeking permission as long as appropriate attribution is given to The Catholic University of America. Note that to the extent we have linked to others' materials (e.g. NACUANOTES, outside law firms, etc.) this license to use may not apply, and separate permission may be needed from the author of the work. We also encourage the production of derivative works from our web page. For an example of a derivative work see Copyright in Cyberspace, a newsletter published by CUA with the permission of Steve McDonald, the author of the original work upon which our derivative work was based. Another example of a derivative work is the University of Arizona FERPA training tutorial, which is a derivative work based on a CUA FERPA tutorial.

 

Our Mission: CLIC aims to build a freely available, web-based collection of user-friendly compliance materials (such as Frequently Asked Questions, plain English explanations of the law, sample publications, videos and web tutorials from other institutions) to help all American college and university campuses enhance compliance with most major federal regulations applicable to higher education institutions. This website does not and cannot provide legal advice regarding specific or individual legal problems. Users should consult their own legal counsel regarding specific problems. Materials on this site are not warranted or in any way guaranteed to assure complete legal compliance.

 

In collaboration with ACE, Catholic University works to obtain outstanding examples of Innovative Compliance Practices from other schools. Participating institutions whose compliance materials presently appear on or are linked from CLIC include Washington and Lee University, University of North Carolina, University of Rochester, University of Texas System, Ohio State University, University of Idaho and others. CLIC is also working with United Educators Insurance to provide support for a national award to recognize the highest quality Innovative Compliance Practices.

 

A difficult problem that exists for every college and university in the country is how to track, understand and comply with the ever-growing mountain of federal regulations that govern higher education. The broad definition of “federal legal compliance” in higher education includes annual Campus Security Act reports, training programs for research staff and other research regulation, FERPA student records regulations, the Americans With Disabilities Act, immigration, environmental law, copyright, trademark and patents, sexual harassment, employment, safety, equal opportunity, student conduct, taxation and computer use.

 

CLIC is a step towards solving that problem. Your contributions and participation are welcomed.

 

Counselonline Archives: For the years 2002 through 2007, CLIC had an online newsletter called Counselonline. The archived copies of this newsletter can be found here.

 

NACUA Training Materials This Clearinghouse of training materials for the practice of preventive law in higher education can be used by colleges and universities to train their staff on a variety of issues. The materials in the database are categorized by topical area and type of resource The Clearinghouse is password protected and is available to NACUA members.



Last Revised 12-Jun-09 12:49 PM.