Frequently Asked Questions
What do I do if I receive a subpoena or summons related to my employment or University business?
Contact the Office of the General Counsel immediately at 341-5255. Court documents should be reviewed by counsel immediately because there are time deadlines for response.
What do I do if I receive a request for records, other than a subpoena?
Contact Kevin Johnson, the University's Kansas Open Records Act Custodian, at 341-5255, or contact his assistant, Lisa Moritz at 341-5518. The University has three business days to respond to open records requests, so be sure to alert our office of the request as soon as possible.
Can I share student records?
It is university policy to keep student records confidential in conformity with the Federal Education Rights and Privacy Act. In certain situations, student record information may be disclosed in conformity with university policy and applicable law. For example, university employees with access to student records may share information from a student’s records with University officials who have a “legitimate educational interest” in the information.
Does ESU provide accommodations for individuals with disabilities?
ESU provides accommodations for individuals in conformity with the Americans with Disabilities Act. Accommodations for students are made once the disability has been verified by the Disability Office (341-6637). Reasonable accommodations for employees may be facilitated through the Office of Human Resources (341-5379).
If a supervisor receives a report of harassment or discrimination, what should he/she do?
Supervisors who receive information concerning allegations of harassment or discrimination should immediately contact the Affirmative Action Officer at 341-5379.
What should I do if I believe I am being harassed or discriminated against?
Talk to your supervisor or the Affirmative Action Officer at 341-5379. The Affirmative Action Officer will help with resolving the matter and assist if you want to file a formal complaint.
Who has the authority to sign contracts and agreements for the University?
The President, the V.P. for Fiscal Affairs and Administration, and the A.V.P. for Fiscal Affairs are authorized to sign contracts on behalf of ESU. For certain types of agreements, other specified officers have limited contract signature authority for a specific area of responsibility.
Does ESU carry general liability insurance?
ESU does not carry general liability insurance. ESU is subject to the Kansas Tort Claims Act, which provides liability protection for the University and its employees. The University does maintain limited catastrophic loss insurance for certain facilities. In addition, the State of Kansas maintains liability insurance for the operation of ESU vehicles and those riding on official state business.
I teach a class that is going on a trip, should I obtain consent forms from the students?
It is generally a good idea to have participants in off-campus activities read and sign a form acknowledging their understanding and assumption of risks. Please contact your Dean’s office if you need more information regarding domestic student trips. The Office of International Education, 341-5374, maintains guidelines that must be followed for study abroad programs.
Can I use materials copyrighted by others in a course I teach at the University?
Under the principles of “Fair Use,” materials copyrighted by others may be used in limited portions for teaching, research, and scholarship. Additional rules apply to the use of electronic copies. University Libraries and Archives assist employees with requesting permission to use copyrighted works. University policy on the “Use of Copyrighted Material” is available in the University Policy Manual.
Is the information an employee tells General Counsel confidential?
Unless privilege is waived, information provided for the purpose of obtaining legal advice is privileged as to third parties. This information may not be privileged as to other University officials. Privilege determinations are made based on the facts and circumstances of the case.
What is the role of General Counsel?
The General Counsel serves as the primary legal advisor to the University, the President, and University academic and non-academic offices, as well as affiliated entities in carrying out the duties and responsibilities of Emporia State University. In order to fulfill this role, the General Counsel makes it a point to give clear answers, opinions, and advice. Our goal is to minimize legal risk to the University and to resolve the University's legal issues, as well as to assist in finding ways to accomplish those things that are in the best interests of the University. While the fulfillment of this goal involves addressing issues as they arise, it also requires a proactive stance toward the legal environment in which the University operates. See our home page for a list of some of the duties included in the role of General Counsel.