Frequently Asked Questions of the General Counsel
Employees are responsible for their own actions. However, the university will defend an employee if the injury was caused when the employee was acting within the course and scope of their employment. Idaho Code §6-903(2). The university will not defend an employee if the employee’s actions were not in the scope or course of employments or if the employee’s actions included malice or criminal intent. Idaho Code §6-903(3).
No. The Office of General Counsel represents only the University of Idaho and cannot advise employees or anyone else in private legal matters.
No. The Office of General Counsel represents only the University of Idaho. However, if the student is acting as a representative of the University of Idaho, for example by sitting as a member of a university committee, the Office of General Counsel may provide legal advice in relation to the student’s actions as a representative of the University of Idaho.
Any subpoena, summons, complaint or other legal document where the Regents, Board of Education, University of Idaho or any university employee is named should be forwarded immediately to the Office of General Counsel at:
875 Perimeter Drive, MS 3158
Moscow, ID 83844-3158
Or hand delivered to Room 127 of the Administration Building in Moscow.
APM 05.01, D-7(ii)(c).
It can also be emailed to email@example.com.
Begin by reviewing the Academic Dishonesty section of the Student Code of Conduct in the Faculty Staff Handbook. FSH 2300, II, A-1. After reviewing the information on Academic Dishonesty, if you believe there has been a violation of the Student Code of Conduct, the Dean of Students should be informed of the alleged violation as soon as possible. FSH 2400, C-1(a).
The public posting of individual students’ grades, whether midterm, final or pertaining to a single assignment or quiz is a violation of the Federal Educational Rights and Privacy Act (FERPA). FSH 4700, F-5. Instructors may post or release statistical summaries of grades in a manner where individual students are not identifiable. Id.
So long as the student with a disability has gone through the appropriate channels, i.e. the Center for Disability Access and Resources (CDAR), and the accommodation has been approved, an instructor must provide the accommodation. FSH 6400, B-C. Instructors should refer students to the Center for Disability Access and Resources (CDAR) anytime a student requests an accommodation, and generally should not make accommodations decisions on their own.
As a general rule, FERPA requires anyone requesting access to a student’s grades to have the written consent of the student. If a parent approaches an instructor about a student’s grades, the instructor should refer them back to the student who can release the grades to them directly or refer the parents to the Office of the Registrar. FSH 2600, C.
Under limited circumstances alcohol can be served at events on campus. APM 80.01, B. The appropriate applications and forms will need to be obtained from Auxiliary Services and submitted to them a minimum of 30 days before the event. APM 80.01, C-1. Only upon the approval of the Assistant Vice President of Auxiliaries will a permit to serve alcohol at an event be approved. APM 80.01, C-3. Applications may be obtained by calling Auxiliaries at 208-885-5500, emailing firstname.lastname@example.org, or at Wallace Complex Rm. 221, located at 1080 W. Sixth St., Moscow, Idaho 83844. APM 80.01, C-1.
The University of Idaho weapons policy states that:
The University of Idaho allows the concealed carry of firearms and ammunition by holders of licenses described in Idaho Code Section 18- 3309(2) under the conditions and limitations set out in that section. Any other possession of weapons, including open carry, on University property is prohibited under the authority granted in Idaho Code Section 18- 3309(1) unless specifically approved by the Executive Director of Public Safety & Security or as specified in this policy.
APM 95.12, C. For more information regarding exceptions, prohibited areas, a definition of what constitutes a weapon, concealed carry and firearm storage, please refer to APM 95.12 or contact the Office of Public Safety & Security at email@example.com.
Yes. A person’s political rights are not impaired by his or her employment at the University of Idaho. However, employees may not exercise those political rights in U of I's name, or through the use of U of I facilities, stationery, forms, email address, supplies or services of any kind whatsoever, or in any way that might involve U of I in partisan political activity or controversy. FSH 6230, A.
No. Anyone who accesses any University of Idaho technology resource, including U of I computers or networks, has no expectation of privacy. APM 30.12, B. Further, any emails sent or received from your uidaho.edu email address may be a public record and subject to release pursuant to a public records request.
The Idaho Public Records Act governs what information regarding State employees is public or private. Personal information such as sex, race, marital status, home address and telephone number, tax identification and social security numbers and medical condition are not public information. Idaho Code § 74-106(1). Personnel records of current and former public employees regarding employment history, classification, pay grade and step, longevity, gross salary and salary history, status and employing agency are public information. Idaho Code § 74-106(1). For more information on what information is public or private regarding State employees, please refer to Idaho Code § 74-106.
Under the Family Educational Rights and Privacy Act (FERPA), most information about students is considered private. However, information that the university defines as “directory information” can be made public. 34 C.F.R. § 99.37. Directory information includes, but is not limited to, student's name, photograph, local address and telephone number, permanent address and telephone number, email address, class, academic major, college, full- or part-time status, academic and other honors, heights and weights of members of athletic teams, specific athletic achievements, letters of commendation, high schools and other academic institutions attended, scholarships awarded, withdrawal date, degree earned and date it was conferred, dates of attendance and leadership positions in U of I organizations. FSH 2600, B-5.
University of Idaho is a public university and many of its records and documents may be inspected by members of the public. However, there are exceptions to the right to examine public records. For example, some records kept regarding students such as grades or student social security numbers are not public records. 34 C.F.R. § 99.30
Only those with delegated authority of the Vice President of Finance and Administration may sign contracts on the university’s behalf. APM 60.21, A-1. The Vice President for Finance and Administration must sign certain contracts before they are approved. FSH 1420, B-1. All Contracts for the purchase of goods or services must be reviewed and signed by Contracts and Purchasing Services. Please refer to the Contracts and Agreement Approval Matrix in APM 60.20 for more specific information on authority to sign contracts and make purchases.
Please review the Contracts and Agreement Approval Matrix in APM 60.20 to determine the level of review required for the contract you wish to have approved. Next please submit a Contract Approval Document along with the proposed contract or agreement to Contracts and Purchasing Services. APM 60.22(A)-(B).
Generally, U of I trademarks should only be used by employees who are representing the university in official correspondence. FSH 6620, C. For more information regarding the use of U of I trademarks please contact the Office of General Counsel or University Communications and Marketing.
The University of Idaho provides a confidential hotline for reporting of unethical, illegal or unsafe activity. FSH 3170, C. You can call this hotline 24 hours a day, 7 days a week at 800-755-1056. For more information on how and when to report suspect activity please refer to Internal Audit Services' website.
Attorney-client privilege applies to communications between an attorney and the represented client. I.R.E. Rule 502(c). The University of Idaho is the sole client for the Office of General Counsel and owns the attorney-client privilege. As long as an employee’s communications with the OGC concerns a university-related matter, that conversation is protected by the attorney-client privilege. However, since the university owns the privilege and not the employee, the OGC may share any communications with the employee’s supervisor, the President, or others at the university with a need to know. Further, only the Board of Regents or the President may waive the attorney-client privilege and the employee does not have the authority to waive that privilege or disclose privileged communications. This means that the Office of General Counsel can share an individual employee’s communications or other confidential and privileged information within the university without violating the rules of attorney-client privilege.
You may submit a public records request online. Alternatively, a public records request may be submitted to the Office of General Counsel at 875 Perimeter Drive MS 3158, Moscow, Idaho 83844-3158. Or by email at firstname.lastname@example.org. Requests must be submitted in writing, contain the requester’s name, address, email and phone number, and specify the public records being requested.
Please note: For records requests exceeding 100 pages, the requester can be charged a copying fee for each additional page requested after the 100th page pursuant to Idaho Code § 74- 102(10)(b)(i).
When records requested contain nonpublic information that must be deleted, the requester may be charged actual labor costs associated with redacting the nonpublic portions of the records pursuant to Idaho Code § 74-102(10)(b)(ii).
When the actual labor associated with responding to the record request, including locating and copying the records, exceeds two (2) person hours, the requester may be charged for the additional labor pursuant to Idaho Code § 74-102(10)(b)(iii).
Generally speaking, the University of Idaho has an ownership interest in intellectual property created or discovered during the course of an employee’s regular duties or with the use of University of Idaho facilities or sponsored materials. FSH 5300, B-C. For more specific information on the University of Idaho’s intellectual property policy, please refer to section 5300 of the Faculty Staff Handbook.
Begin by referring to the Faculty Staff Handbook and the Administrative Procedures Manual. Many questions regarding university policy are addressed in those publications. If you have not found a university policy regarding your specific question, contact the Office of General Counsel for assistance.