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Legal Watch

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a method in which two parties who are disagreeing can reach a mutually agreeable resolution without going into litigation (i.e., going to court). There are three main methods of ADR: negotiation, mediation, and arbitration.

 


Copyright Fair Use for Educators

Copyright fair use is one of those areas where everyone has an opinion about it, but nobody is really sure that it is! The purpose of this outline is to provide educators with some general background about the fair use exception to copyright infringement.

 


 

FERPA for Faculty

FERPA stands for the Family Educational Rights and Privacy Act, which is a federal law passed in 1974. It is also commonly known as the Buckley Amendment. The law protects the privacy of student educational records and provides rights to students for access to and amendment of those records. FERPA applies to any higher education institutions receiving federal funds administered by the Department of Education (DOE).

 


Official Personnel Records - Notices and Access

An area that is a potential trap for higher education administrators is the improper handling of official personnel records. Specifically, supervisors need to understand that the requirement of N.D.C.C. § 54-06-21 covering public employee personnel records, filing of documents in those records, and access. In particular, in the past, records relating to faculty have tended to be much more diverse and spread out than records relating to classified employees, and this has caused some problems.

 


Political Activities on Campus

University employees, students and visitors should be aware of laws and University regulations affecting political campaigns and activities on campus and restrictions om the use of State property. State laws can be somewhat confusing in this area in that some laws apply to elections for candidates rather than elections on ballot measures. However, many of the restrictions are the same.

 


Veteran's Preference

Supervisors with hiring responsibility at NDSU must be aware of North Dakota's Veteran's Preference Law, N.D.C.C. § 37-19.1. Lack of familiarity with the law may cause major hiring problems.

 


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Last Updated: Friday, June 19, 2009