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What's New . . .
Contracts
for Campus Administrators, Faculty, Students and Coaches: A Formbook
Institutions rely on their contractual relationships to establish rights and
responsibilities between the institution and its employees and students
including the president, administrators, faculty, and coaches.
Some contract
documents reflect traditional language and form. In other cases, agreements with students and student organizations
about behavioral requirements are generally short and result in a simple
agreement. Regardless of the
form they take, university and college contractual agreements are important.
The increasing legalization and complexity of employment relationships are
reflected in presidents’ contracts which may require special provisions on
conflicts of interest, spousal benefits, termination procedures, and
severance benefits.
This manual is unique.
It first identifies the key elements in the contractual relationship and
analyzes these contract components. Second
it provides practice tested and user friendly model forms for each
contractual relationship.
This Manual addresses
many types of contracts relevant to college decision-makers including:
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President
Contracts. Today,
presidents’ contracts are complex because they address newer issues related
to items such as deferred compensation or retirement programs, performance
bonuses, conflict of interest provisions and spousal support and expenses.
Further, for some state institutions, two contracts are issued.
One contract is issued by the institution and one by the
institution’s foundation. These
arrangements are done because the foundations may not be subject to the same
scrutiny as are university contracts and because competition may require the
state university to meet compensation demands that exceed the ranges
provided by the state. The first
seven figure university president is soon to be signed.
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Administrator
Agreements.
In contrast to presidential contracts, senior administrators’ contracts
are generally much shorter and normally do not include the special benefits
granted to presidents. However, there are some senior administrative
contracts that carry with them performance bonuses based on measurable
outcomes. These contracts may be a simple letter of appointment identifying
the position and its basic responsibilities with reference to other
university documents for benefits and other obligations.
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Faculty
Letters and Agreements. Many
institutions do not use a “formal” contract but issue a letter of
appointment. Some contracts are
issued for tenure, some are issued for a non-tenured position and some for a
tenure track position. Generally, the policies that apply to faculty contracts are contained
in the faculty handbook which is incorporated by reference into the faculty
agreement. Some institutions
identify specific faculty expectations for syllabi preparation, grading and
advising responsibilities.
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Residential
Agreements. Housing
is a key service institutions provide students.
There are many considerations involved in providing residential
services. Separate agreements are also provided that
include both housing and food.
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Student
Behavior Agreements.
These agreements are designed for the particular student or group of
students and reflect the prohibited conduct in which they have engaged.
They are remedial in character and therefore designed to elicit a
change in behavior that will permit the student or student group to continue
to remain on campus.
They
are normally simple agreements identifying what is expected, the time period
for the remedial activity, and the consequences of fulfilling or failure to
fulfill the obligation. Student
behavior contracts are frequently used in cases where educational activities,
counseling, or community service seem to be the proper “discipline provision” such
as in cases of sexual or racial epithets or destruction of campus property.
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Internship
Agreements. Service
learning and increased emphasis on internships have created a new arena for
agreements involving the student, the institution and often times the
organization in which the student will perform the internship or service
learning. These agreements are
important for establishing the responsibilities of the parties and the
evaluation of their performance.
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Releases
and Waivers. Releases
and waivers are often used for students participating in an event or
activity that are designed to release the sponsoring organization and the
institution from liability in case of injury or harm.
Often these forms are designed to cover very specific activities or
events. The kinds of releases frequently used on campuses include general
releases, sports and activity releases, field trip releases, and study
abroad releases.
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Coach
Contracts. Ironically,
some coaches contracts are now longer than the president’s contract and
may provide total compensation that exceeds that of the chief executive
officer. Today, one of the
key contract provisions relates to ethics and compliance with athletic
association requirements. Further,
coaches may be held responsible for their personal behavior when it
reflects on the team, the institution, or their coaching efficacy. Schools
with major sports programs may identify performance bonuses for coaches who
achieve measurable outcomes relating to academic and athletic performance of
their teams. Due to the nature of big time sports, some coaches’ contracts
contain elaborate provisions on summer camps, radio and television activity
and the use and promotion of sports equipment.
Athletic
contracts are also getting more detailed on who pays for what in the case of
a termination or resignation. Some
contracts require the coach to reimburse the institution if the coach
resigns without consent during the term of the contract. Several lawsuits
have focused on early resignations and what if anything is owed to the
university. Similar to some presidential contracts in the public sector,
coaches also may have separate agreements with university foundations.
Managing
Campus Cyberspace and the Law
College administrators are confronted with many questions concerning
the development of the Internet and access to cyberspace. There
is need for net users policies and clarity on copyright issues as students and
faculty expand their reliance on Internet resources. The misuse
of e-mail systems for transmitting obscene and harassing material
needs to be regulated. Distance education programs raise a myriad
of concerns related to copyright issues and state regulation.
This manual provides
user friendly and practice tested forms for policies on access and
use of campus email and computer facilities and intellectual property
policies, and provides useful Internet resources. Litigation reducing
strategies and compliance with legal requirements are addressed.
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E-mail:
The use of campus e-mail and its limitations are assessed. Specific
risk reducing strategies are pointed out to aid in immunizing the
institution from potential misuse of its campus e-mail system.
-
Computer Use Policies:
The basic elements of a computer use policy are discussed and sample
policies provided. The range of policies will be such that an institution
can select various components, which might be incorporated into existing
or revised use policies
-
Copyright:
Copyright law and its implications for the use of Internet resources
in educational activities are addressed. Copyright law protects ownership
rights of authors that must be protected even when material is from
the Internet.
-
Access Provider:
The general liability of an institution as a provider of Internet
access is assessed. There are lawsuits alleging that Internet
providers are liable for material that goes over the Internet even
though the provider did not approve the material nor know of it. Federal
statutes also address some of these liability issues.
-
Distance Education:
Many institutions are developing courses and programs on the Internet
that are available to students through a distance education program.
Many issues are raised regarding copyright, state regulation, ownership
to materials, and subsequent use of this material by enrolled students.
These issues are addressed in a preventive context.
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Adaptive Technology:
Pursuant to Section 504 of the Rehabilitation Act, colleges and universities
are required to provide educational auxiliary aids to qualified students
who have disabilities. Because the campus Internet is an educational
resource, adequate accommodations must be made so disabled students
have access. Adaptive technologies help disabled students to utilize
computers and the Internet, however such accommodation can be costly.
The statutory requirements and ways to respond to Internet access
for disabled students are addressed.
Now Available!
Legal Newsletters
Lex Collegii is a widely-read quarterly legal
newsletter for higher education administrators and is directed primarily
to college decision makers.
-
The Classroom and Academic Freedom, Vol. 30, No. 1, Summer 2006:
-
Disaster Planning on the College Campus, Vol. 30, No. 2, Fall 2006:
Interrogatories: Reused Exams and Useless Degree
Recent Sample Articles
Institutional Advancement: Tainted Gifts, Reneging
Donors, and Donor Control (Winter 2005)
Student Civility
(Spring 2006)
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