Office of Legal Affairs

                  Training Available

The Office of Legal Affairs and/or other campus departments have developed online and in-person training opportunities on legal issues.  A list of these training opportunities and a brief description of each follows.  We welcome suggestions for additional training as well as opportunities to partner with other units on campus to provide joint training.

Online Training

To access the online training described below, simply click on the link provided.

HIPAA

In order to help UWM comply with the Health Insurance Portability and Accountability Act (HIPAA), five online training modules are available.  Each training module is targeted to a particular subset of the UWM community required to comply with HIPAA, including students, volunteers, employees, and researchers.  In person HIPAA training is also available to demonstrate how to use the online training program.

FERPA

The Family Educational Rights and Privacy Act (FERPA) provides students with the right to inspect his/her own educational records and also limits disclosure of a student’s personally identifiable information absent the student’s consent.  This training provides UWM staff an overview of the laws and policies governing the acceptable use and release of student records, as well as how to comply with these laws and policies.

In-Person Training

To request the in-person training described below for an on-campus group, please contact Legal Affairs at 229-4278.

Legal Issues in the Recruitment Process (Search & Screen Training)

This one-hour training focuses on legal issues in the recruiting process.  Topics covered include basic principles, diversity and affirmative action, open meetings and public records laws, creating and retaining documentation, and candidate confidentiality.  The campus recommends that all search committees receive this training.  Helpful documents include:

·      Legal Issues in the Recruitment Process·      DWD Publication on Avoiding Loaded Interview Questions

Ethics & Records Management

Legal Affairs and Internal Audit have partnered to provide a one-hour training on ethics and records management.  Topics covered include accepting items of value (including meals, gifts, educational and travel opportunities), personal relationships, nepotism, outside consulting, signature authority, safeguarding materials, proper use of University information, records destruction and public records requests.  Helpful documents include:

·      UWM New Employee Issues Briefing on Ethics and Records Management

Proper Use of ASSAs

This one-hour training includes an overview of appropriate use of ASSAs, ASSAs vs. Employment Agreements, ASSAs vs. Research Contracts, and ASSAs vs. Procurement Contracts, with a special focus on determining whether an individual is an employee or an independent contractor.  Helpful documents include:

·      Payment for Services Flowchart

·      Independent Contractor v. Employee Checklist

Illegal Downloading, Sensitive Data, and Appropriate Use of IT

This is a one-hour overview of the legal framework surrounding Peer-to-Peer file sharing (including enforcement actions by the Recording Industry Association of America (RIAA) and the new Higher Education Act Amendments), the Federal Trade Commission’s “Red Flag” regulations aimed at combating identity theft, how to protect sensitive information (including a discussion of Wis. Stats. §134.98), appropriate use policies, and best practices for using third-party applications.

Terminating Unclassified Employees in a Litigious World

Legal Affairs provides guidance on disciplining and/or terminating unclassified staff members, including advice on nonrenewal and dismissal for cause.

Hot Issues in Student Privacy: 2009 FERPA Amendments

The training is an overview of the 2009 FERPA amendments including those amendments which address safety concerns, security issues, and current institutional practices.  Helpful documents include:

·      The 2009 FERPA Amendments

·      A FERPA “To Do” List

Intellectual Property Issues for University Administrators: Basics & New Developments

This training provides an overview of intellectual property with a significant focus on copyright law.  Topics include the rights of copyright owners, how to obtain a copyright, duration of copyright protection, copyright ownership, use of copyrighted works, fair use, institutional liability, limitations on liability, as well as new developments and current issues (e.g. linking , file-sharing, and digitizing images).

Student Discipline: Current Issues and Proposed ChangesThe focus of this training is on student discipline including due process requirements, UW System student conduct codes, UW System Administrative Code 17, off-campus conduct, disciplining students with mental health issues or other disabilities, pending criminal charges for conduct underlying discipline, and the impact of FERPA on student disciplinary proceedings.

Keeping Your Campus Safe: Using the Law to Your Advantage

This training focuses on the various legal tools university administrators can use to prevent and respond to campus safety and security issues.  While the training focuses mainly on students, staff and non-university members are also discussed. Topics include laws and policies regulating conduct, laws and policies which monitor behavior to promote a safe campus, and new approaches to interpreting existing laws and policies in the aftermath of the tragedy at Virginia Tech.

How to Contract With UWM

This training focuses on contract basics including contractual provisions specific to UWM.   Topics include signature authority, non-discrimination clauses, choice of law and venue, indemnification and liability, confidentiality and open records, proprietary data, and using UWM’s name.