OFFICE OF GENERAL COUNSEL | SPRING 2024 FACULTY & STAFF RESOURCE GUIDE ________________ Dear UMD faculty & staff members, It is abundantly clear that your teaching, research, outreach, engagement and overall work continues to positively impact our students and the communities we serve in Maryland and throughout the country and the world. We thank you for your steadfast commitment and unwavering dedication to the institutional mission. As an office, one of our goals is to assist the UMD’s faculty and staff by, among other things, making it easier to find relevant guidance and support not just from our office but from talented, dedicated colleagues in other units across the university. Towards that end, this Faculty & Staff Resource Guide presents FAQs related to teaching, supporting students, conducting research, and other common scenarios, and provides hotlinks to relevant web-based information and to offices that can provide assistance on a wide range of topics. It is our privilege to be your law firm. We look forward to working with you and your colleagues. Stay safe and healthy, and best wishes on all fronts. Sincerely, The Office of General Counsel ________________ OFFICE OF GENERAL COUNSEL STAFF JAY ROSSELLÓ Vice President for Legal Affairs and General Counsel JEN GARTNER Deputy General Counsel Transactional & Regulatory Law Practice Group Leader JANET BENSON FORVILLE Senior Associate General Counsel Business Contracts & Intellectual Property Practice Group Leader DEVIN J. DOOLAN, JR. Senior Associate General Counsel Labor & Employment Practice Group Leader CHRISTOPHER B. LORD Associate General Counsel DANIEL L. KAISER Associate General Counsel TRACEY E. SKINNER Senior Associate General Counsel Real Estate Practice Group Leader LAURA ANDERSON WRIGHT Senior Associate General Counsel Student Affairs Practice Group Leader & Public Records Officer EMILY BOLYARD LEIGH Assistant General Counsel BRYAN J. SANDERS Assistant General Counsel ERIKA J. CHICAS YOLANDA L. HARRIS Paralegals NORA M. COAXUM DOZIER Executive Assistant ________________ CONTACT US OFFICE OF GENERAL COUNSEL 4716 Pontiac Street Seneca Building, Suite 2117 College Park, MD 20742 ogc.umd.edu p: 301.405.4945 f: 301.314.9395 ________________ FAQS: TEACHING 1. May I copy and distribute or post on my course website materials (print, web, or video) created or owned by others? See the University Libraries’ Copyright Guide and, in particular, the materials under Using Copyrighted Materials, Exemptions and Fair Use and Tools and Resources. 2. What procedures apply to choosing textbooks? For guidance on choosing textbooks, review the Faculty Handbook and applicable policies including UMD’s Policy on Textbook Affordability Measures. You may also consult the open educational resources website. If you want to assign a book you authored, you must comply with the UMD’s Policy Concerning the Use of Self-Authored Teaching Materials. 3. What can I do if I find my course materials for sale online? Consult the guidance on Commercial Use of Course Materials on the Office of General Counsel’s website. 4. What resources are available to make my online course materials accessible? Visit the Division of Information Technology (DIT) IT Accessibility page and the list of IT Accessibility Services to explore tools, services and resources to make course materials accessible. Faculty may start evaluating the accessibility of their courses by using the UMD Accessibility Checklist, and they may request a consultation with the DIT Learning Technology Design group at lTdesign@umd.edu. Faculty are also encouraged to review the University of Maryland Web Accessibility Policy to learn about IT accessibility requirements. ________________ 5. How do I learn more about the posting of readings and other course materials to Enterprise Learning Management System (ELMS-Canvas?) Consult the guidance found in the Best Practices for Posting Readings to ELMS, at the University website. 6. Do I have to allow a dog, accompanying a student, into my classroom or office? With limited exceptions, if the student has a qualifying disability and the dog is a service animal, the animal must be permitted to accompany the student. Please contact the University’s Accessibility & Disability Service (ADS) for assistance. 7. Am I required to accommodate student religious observances? The University is required to provide students with reasonable accommodations, which may include excused absences, to allow for the observance of sincerely held faith-based or religious beliefs or practices. For more information, please see: (1) UMD Policy on Excused Absence (V-1.00(G)); (2) the University’s Policies and Procedures Concerning Academic Assignments on Dates of Religious Observances (III-501(A)); (3) the University System of Maryland’s Policy Concerning the Scheduling of Academic Assignments on Dates of Religious Observance (III-5.10); (4) the Office of Civil Rights & Sexual Misconduct’s “Religion” web page (https://ocrsm.umd.edu/resources/religion); and (5) the Office of Faculty Affairs’ Teaching Policies & Guidelines (https://faculty.umd.edu/main/activity/teaching-policies-guidelines). 8. Are there special considerations for teaching or interacting with student athletes? Student athletes are subject to the same academic and conduct rules as other students. See UMD’s Policy on Conduct and Ethics for Student-Athletes. To discuss academic issues, contact the Athletic Council or the Academic Support & Career Development Unit. Contact the Athletics Compliance Office with questions about NCAA rules interpretation and compliance. 9. How are cheating, plagiarism, and other forms of academic misconduct addressed? Consult the University’s Code of Academic Integrity or contact the Office of Student Conduct for assistance. 10. What can I do to address a disruptive classroom? The Behavioral Evaluation & Threat Assessment Team (BETA Team) evaluates reports about students (as well as other members of the campus community) whose behavior is concerning, disruptive, or threatening. 11. How are grade disputes handled? See UMD Procedures for Review of Alleged Arbitrary and Capricious Grading—Undergraduate Students and UMD Graduate Policy and Procedures for Review of Alleged Arbitrary and Capricious Grading for graduate students. ________________ FAQS: SUPPORTING STUDENTS AND COLLEAGUES 1. What must I do to keep student information private? The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The UMD Policy and Procedures on the Disclosure of Student Education Records implements FERPA on campus. Contact the Office of the Registrar or the Office of General Counsel for guidance. 2. Should I obtain written consent from a student who has asked me to write a recommendation? Yes. A sample permission form (in PDF format) is available under the title “FERPA Release for Recommendations” through the Resources and Referrals for Employees section of the Office of General Counsel website. Contact the Office of General Counsel for additional guidance. 3. What should I do if I see a person who may be a threat to themselves or others? For emergencies and other imminently dangerous situations, contact the UMD Police Department from campus phones at 911 or 301-405-3333. Dial #3333 from any Verizon Wireless, AT&T, Sprint, or T-Mobile cell phone. For non-emergencies, contact the UMD Police Department at 301-405-3555. 4. What can I do if I am concerned about a campus community member’s health? On its Well-Being website, University Human Resources provides a list of resources and programs available to employees for emotional, physical, family, and professional well-being. Community members, including employees, should be referred to the University Health Center for physical health services. For mental health services, contact either the Counseling Center or the University Health Center’s Behavioral Health Services department. ________________ 5. How can a person report a hate bias incident? The concerned individual may submit a Bias Incident Report Form, email biassupport@umd.edu, or for pervasive discrimination, contact the Office of Civil Rights & Sexual Misconduct to file a Discrimination complaint. If the individual believes the incident was criminal in nature or an immediate threat, you may suggest they file a tip with the UMD Police Department. 6. How can I assist an individual who reports being subjected to discrimination or harassment? The Office of Civil Rights & Sexual Misconduct (OCRSM) is a resource for members of the UMD community on all forms of discrimination, including harassment. Complaints of discrimination or harassment may be filed with OCRSM using the Discrimination Complaint form. In addition, you may have an obligation to make a report to OCRSM under UMD Policy if you qualify as a “Responsible University Employee.” 7. What should I do if an individual reports to me (or if I become aware) that the student has been sexually assaulted or has experienced other sexual misconduct? Refer to the information on the website of the Office of Civil Rights & Sexual Misconduct (OCRSM) about “Responsible University Employee” (RUE) Reporting Obligations for Staff and Faculty for guidance on how to respond to a disclosure and how to report it to OCRSM to fulfill your reporting obligations. Reporting obligations may be fulfilled by submitting a report to the Title IX Coordinator using the online Sexual Harassment and Other Sexual Misconduct Reporting Form. Review the Confidential Resources listed on OCRSM’s website to share with the student, if desired. 8. To whom may I refer a victim of sexual assault who wants to talk with someone confidentially? Confidential Resources are listed on the website of the Office of Civil Rights & Sexual Misconduct (OCRSM) to share with the student, if desired. Among these is the CARE to Stop Violence Program in the University Health Center, ________________ which offers confidential services to victims of sexual assault, relationship violence, stalking, and sexual harassment. They may also speak to any other Confidential Resources. 9. What should I do if an individual reports to me (or if I become aware) that the student has been sexually assaulted or has experienced other sexual misconduct? Under Maryland law, all members of the campus community are required to report suspected child abuse or neglect to Child Protective Services or the police. In addition, Maryland law imposes additional reporting requirements on health practitioners, law enforcement officers, educators/professional employees, human service workers, and other professional employees, when acting in a professional capacity, who have reason to believe a child has been subjected to abuse or neglect. Consult the USM Policy on the Reporting of Suspected Child Abuse and Neglect and related FAQs. Review the UMD Policies and Procedures on the Reporting of Child Abuse and Neglect for reporting deadlines and procedures. Please note that under the Maryland Attorney General’s Opinion interpreting Maryland’s child abuse reporting laws, Maryland citizens are required to follow the State’s reporting requirements for suspected child abuse or neglect even if they learn about it for the first time from an adult victim who was under the age of 18 when the suspected maltreatment occurred. This requirement may have a special impact on courses related to counseling and other forms of therapy where students share their own experiences. Faculty should consider adding a statement to their syllabus about Maryland’s mandatory reporting requirements so that students can use their own judgment to determine whether to share an experience from their childhood that would trigger mandatory reporting obligations. ________________ FAQS: RESEARCH Please note that the term “research” is often used to describe all sponsored projects described in the federal Uniform Guidance or Federal Acquisition Regulations[1]. The Office of Research Administration (ORA) is the appropriate UMD unit to handle all agreements relating to sponsored projects. 1. Where can I get assistance in developing a proposal for research funding? Contact your college/departmental business office (if applicable) and review the Office of Research Administration's Proposal Development Quick Reference Guide. 2. Who is responsible for the content of my proposal? The Principal Investigator (PI) is ultimately responsible for the proposal, including certifying that a proposal is accurate and complete. UMD relies on PI certifications in order to make its own certifications to the sponsor. Where the sponsor is the U.S. federal government, inaccurate and/or false certifications can result in serious penalties to UMD and/or the individual PI. PIs should not assume that their departmental research administrators or Office of Research Administration personnel have access to information required to complete biographical sketches or statements of current and pending support; PIs, Co-Investigators (Co-Is), and other key personnel are responsible for these portions of the proposal, in addition to the technical/scientific portions of the proposal. PIs are responsible for reviewing the entire proposal for accuracy and completeness before routing the proposal via Kuali Research to the Office of Research Administration. 3. Who is responsible for the conduct and administration of my research award? The PI is ultimately responsible for the conduct of the research award. Departmental administrators, the Office of Research Administration, Sponsored Programs Accounting and Compliance (SPAC), and various research compliance offices assist with administering the award in compliance with award terms and conditions, USM and UMD policies, and federal and state laws and regulations. 4. Who should I contact to help me address issues involving copyright, authorship, or other publication issues? See the University Libraries’ Copyright Guide, specifically please see the materials under “Author Rights” or contact the Office of General Counsel. For information about open access, please visit the University Libraries’ Open Scholarship Services website. 5. My department or research center wants to publish a book, proceedings of a conference it held or other scholarly publications developed by the department. What should I do? Contact the Office of the Associate Dean for Collection Strategies and Services of University Libraries. This office has been designated as the copyright and publishing agreement clearinghouse for publications produced by campus departments, programs, or research centers under the auspices of the University of Maryland and as the authorized signatory for publishing agreements made on behalf of the University. E-mail questions and contracts to lib-upubcopyright@umd.edu. 6. I developed an invention during the course of my research. What should I do? Submit an invention disclosure to UM Ventures College Park and review its online resources “For Inventors.” 7. I am thinking about forming a startup company. What campus resources are available to assist me? Consult the UM Ventures Startup Support website, the Innovation and Entrepreneurship page on the Division of Research website, and UMD’s Innovation Gateway. Before creating a startup company, please review UMD Policy II-3.10(A), Policy on Conflict of Interest and Conflict of Commitment and the associated Procedures and obtain approval from your unit head. If the work is unrelated to research and development, performing this work for a startup company (or any other external entity) may require approval by the State Ethics Commission as secondary employment. Please contact the Office of General Counsel for additional information. 8. I am thinking about performing consulting work outside of my UMD duties. What do I need to know? The University System of Maryland requires that all USM institutions have a consulting policy. UMD has interim Policy II-3.10(E), Policy on Consulting. Consulting must be approved in advance by your unit head; if related to research, consulting may constitute a conflict of interest that must be disclosed pursuant to UMD Policy II-3.10(A), Policy on Conflict of Interest and Conflict of Commitment and the associated Procedures. Please see the Consulting Policy FAQs and/or contact the Office of Research Transparency and Outreach for more information. Please note that consulting activities must be disclosed as part of any statement of current and pending support on research proposals. Consulting may also require approval by the State Ethics Commission as secondary employment. 9. I am thinking about forming a 501(c)(3) organization. What campus resources are available to assist me? Before taking any steps to create a 501(c)(3), consider why you believe it is necessary to create a separate non-profit organization. The University System of Maryland Foundation and the University of Maryland College Park Foundation both accept charitable donations on behalf of UMD. If you plan to use UMD personnel or resources for your 501(c)(3), it must be affiliated with UMD per USM Policy IX-2.00, Policy on Affiliated Foundations, which requires approval from the UMD President, or USM Policy VIII-13.00, Policy on Business Entities, which requires approval from the UMD President and from USM. Academic units that wish to create a 501(c)(3) should first obtain approval from the applicable dean and the Provost’s Office. Keep in mind that 501(c)(3)s are separate legal entities that require their own administrative structure (e.g., payroll, benefits, insurance, HR, legal, policy); the 501(c)(3) will not have access to UMD’s resources for these administrative requirements. 10. What guidelines and support exist for research involving animals? Review the policies related to animal research and contact the Institutional Animal Care and Use Committee (IACUC) and/or the Department of Laboratory Animal Resources (DLAR) for assistance. 11. I received an agreement directly from the sponsor of my research or other sponsored activity. What should I do? All agreements related to sponsored projects (including research, services, and other sponsored activities) and all federal government contracts (even if not for research) must be routed to the Office of Research Administration (ORA) for review and execution using Kuali Research or another appropriate routing form. Contact your college business officer or departmental administrator the ORA Contract Administrator assigned to your school or college. 12. I received a research-related gift directly from a donor. What should I do? All research-related gifts must be routed for review using the Kuali Build Gift Routing Form. Research-related gifts include funding and other resources, including but not limited to equipment, materials, software, and other forms of support. 13. What guidelines and support exist for research involving human subjects? Review the applicable USM Policy IV-2.10, Policy on Human Subjects of Research and the Institutional Review Board (IRB) website for resources, forms, and assistance. 14. What office should I contact for assistance with laboratory/research safety? The Office of Research Safety in the Department of Environmental Safety, Sustainability, and Risk (ESSR) provides assistance and advice on biological safety, radiation safety, general lab and chemical safety, scientific diving and boating safety, field research safety, safety equipment and personal protective equipment. You may also email questions to labsafety@umd.edu. Additionally, all laboratories, machine shops, and makerspaces are required to register in BioRAFT, a platform for central management of research safety. 15. When do I need to know about export controls? Export control laws and regulations are constantly evolving! If you are (1) working with quantum technology, semiconductor chips, or “dual use” technologies (which have both civilian and military applications); (2) are sending, transporting, or otherwise sharing research materials or equipment overseas, or sharing or receiving export controlled or third party proprietary technical information with non-U.S. citizens (even here on campus*); (3) traveling outside the US with laptops or other equipment; and/or (4) wish to collaborate with or travel to countries under sanction, you should contact the Export Compliance Office and review its website. * Discussing or otherwise sharing export-controlled information with a non-U.S. citizen is considered a “deemed export,” even when the discussion occurs within the U.S. 16. What should I do if I encounter possible research misconduct? Review the Research and Scholarly Misconduct page on the Faculty Affairs website and UMD Policy III-1.10(A), Policy and Procedures Concerning Scholarly Misconduct. 17. May I use UMD resources (e.g., my office, laboratory equipment, GAs or RAs) in performing work for my private company? If you want to use UMD facilities for your startup or any other private purpose, you must first receive approval from your Department Chair and Dean, and execute a facility use license agreement with UMD in accordance with the UMD Policy VIII-14.00(A), Policy on the Use of University Facilities by External Users for Research-Related Activities. In connection with your application for a license, you will need to demonstrate compliance with UMD Policy II-3.10(A), Policy on Conflict of Interest and Conflict of Commitment and the associated Procedures. For assistance with starting the Facilities Use Application process, please contact your Department Chair or the Dean of your College. You may not use UMD students to perform work for your company or for a company in which you have a financial interest. Please contact your unit head and the COI Office for additional information on the use of UMD resources by private companies and other eternal entities. 18. How may I host a U.S. or international student or researcher in my lab for an extended period of time? If the visitor is a US citizen, your department must issue an offer letter (under Non-Paid Appointments, click on Domestic Visitors at the bottom of page) to the visitor and his or her employer to serve as a non-paid visiting researcher. If the person is an international student or researcher, you must submit a foreign visit request to the Export Compliance Office before the offer letter may be issued. The Faculty Affairs Office describes the screening approval and offer letter process here. 19. Is there anything else I need to know about foreign collaborations or using foreign equipment in the course of my research? The federal government is focusing on potential foreign influence in university research. National Security Presidential Memorandum-33 establishes new research security requirements, including risk-based security reviews. Please visit the Office of Research Transparency & Outreach for more information. Federal funding agencies are closely reviewing all statements of current and pending support for both foreign and domestic activities. Please be sure you have fully and accurately captured all sources of support (current and pending, including outside consulting) on your proposals to the federal government. ORA maintains a website with information on federal agency disclosure requirements and a website with information on current and pending support. Pursuant to Section 117 of the Higher Education Act of 1965, UMD is required to submit reports on foreign grants, gifts, and contracts. Before working with foreign organizations or foreign collaborators, please ensure that the Office of Research Administration and/or the Office of the Provost and the Export Compliance Office are aware and have approved the arrangement. Additionally, Section 889 of the 2019 National Defense Authorization Act prohibits the federal government and its contractors, grantees, and loan recipients from procuring or using certain “covered telecommunication equipment or services” that are produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). This prohibition extends to equipment that contains components manufactured by the listed companies, sometimes called Original Equipment Manufacturer (OEM); as an example, a Panasonic-brand camera that includes Hikvision parts is considered to be covered telecommunication equipment. You are not permitted to use delegated procurement authority to procure any items from these companies or their subsidiaries; instead, please contact Procurement and Business Services. 20. I am using personally-identifiable health information (PHI) in my research. Does the Health Insurance Portability and Accountability Act of 1996 (HIPAA) apply to me and, if it does, do I need a Business Associate Agreement? HIPAA typically applies to universities or their units only when they are offering health services to non-students and engaging in HIPAA-covered electronic transactions (e.g., invoicing and/or accepting insurance for those services). As a result, even if you use PHI in your research, it is very unlikely that HIPAA will apply or that you will need a Business Associate Agreement; in fact, Business Associate Agreements do not permit the use of PHI for research. It is likely that you will instead need an Institutional Review Board (IRB) Waiver of Authorization and a data use agreement (DUA); the DUA will be handled by the Office of Research Administration. Please review the HIPAA Decision Tree and contact the Office of General Counsel for more information. Keep in mind that you may need to comply with IRB protocols; contact the IRB. 21. What should I do If I suspect that a University employee or contractor is engaged in improper, unethical, or illegal conduct related to their research awards? The University complies with the federal government’s Whistleblower Protection Program, as well as with State of Maryland and University System of Maryland requirements. Please see the Division of Research’s Whistleblower Protections website for more information, including how to submit an anonymous report. 22. I have a research-related compliance concern not listed here. What should I do? Please see the Business & Contractual Relationships section or the Division of Research’s Quick Links, or contact the Office of Research Compliance. ________________ FAQS: BUSINESS AND CONTRACTUAL RELATIONSHIPS 1. May I consult or engage in outside professional activities for pay? Consult the UMD Policy on Conflict of Interest and Conflict of Commitment and Procedures if the activities are research-related. You should also consult the conflict of interest provisions under the State Ethics Law that applies to all State employees, and the interim Policy II-3.10(E), Policy on Consulting. See Research FAQ #8 for more information. Keep in mind that you must receive prior approval from your unit head for these activities and you must disclose these activities on your annual Outside Professional Activities (OPA) report. You may access the OPA web page through the Payroll & Human Resources System section of ARES. If the consulting work is unrelated to research and development, it may require approval by the State Ethics Commission as secondary employment. 2. Do I have authority to sign contracts for UMD (e.g., consultant, software, nondisclosure, material transfer or research agreements)? No, unless you have a written delegation of signature authority. For a comprehensive description of UMD’s current delegations of signature authority, please reference the President’s Memorandum titled Delegation of Authority to Sign Contracts. (If this link is not available, please go to the OGC website and scroll down to “Contract Signature Authority Delegation.”) Contracts, including “click-through agreements,” that are binding on UMD must be properly reviewed and signed by a UMD official with signature authority. If the contract relates to research, contact the Office of Research Administration for assistance. If the contract relates to a procurement, contact Procurement and Business Services. Please note that delegated procurement authority is not the same as delegated signature authority and that no-cost or “zero dollar” procurements that contain contract terms must be routed to Procurement). For any other contract, check with your department administrative or business officer or contact the Office of General Counsel for assistance. 3. If I am authorized to sign contracts, can I use a digital signature, electronic signature, or e-signature platform? Yes, you may use a digital or electronic signature if the other party agrees to accept electronic signatures, and if you use an e-signature utility that maintains a signature transaction record or adds a textual or graphic statement to the document to prove that it was executed with an electronic signature. Adobe Acrobat’s electronic signature certificates (accessed through Adobe’s ‘Tools’ menu) and the Adobe Sign e-signature platform both satisfy this second requirement. Digital and electronic signatures are not the same as an e-signature platform. Adobe Sign is UMD’s only approved e-signature platform. (Please note that DocuSign is not an approved platform. If the other party intends to use DocuSign, they should convert the signed version to a PDF and send the PDF to UMD for signature or ask UMD to initiate signatures using Adobe Sign.) 4. I received an agreement directly from an external entity and am not the UMD authorized official for the agreement. What should I do? Agreements related to sponsored projects (including research, services, and other sponsored activities) and all federal government contracts (even if not for research) must be routed to the Office of Research Administration. All agreements related to executive education where the sponsor is not the federal government must be routed to the Office of Extended Studies. All agreements related to the acquisition of goods or services should be referred to your departmental business administrator or Procurement and Business Services. All academic agreements should be routed to the Office of the Provost. Please contact the Office of General Counsel if you need assistance determining how to route an agreement. 5. May I download “available” software to use in my work at UMD? The Division of Information Technology (DIT) maintains a database of approved software available for downloading. If you want to download software not available through the database, contact your unit’s DIT professional or consult the IT security and IT Accessibility web pages. Many “available” software downloads require a click-through agreement, which is a legally binding contract. Many click-through agreements contain terms that UMD is prohibited from accepting, so please do not click “I accept” or “I agree” and instead contact Procurement or your unit’s IT professional. 6. Are there any concerns about using my delegated procurement authority to purchase equipment from foreign countries? Yes, Section 889 of the 2019 National Defense Authorization Act prohibits the federal government and its contractors, grantees, and loan recipients from procuring or using certain “covered telecommunication equipment or services” that are produced by Huawei, ZTE, Hytera, Hikvision, and Dahua and their subsidiaries as a “substantial or essential component of any system, or as critical technology as part of any system.” You are not permitted to use delegated procurement authority to procure any items from these companies or their subsidiaries; instead, please contact Procurement and Business Services. 7. Does UMD have guidelines that apply to my use of UMD’s name and trademarks? Please reference the Office of Marketing and Communications’ Brand Toolkit. This toolkit provides links to resources relating to University communications, the elements of an appropriate UMD website, the licensing and use of UMD’s trademarks, filming on campus, as well as photo and video libraries including stock imagery. Contact Trademark Licensing to address specific questions relating to the use of UMD’s name and/or existing trademarks, or to discuss the development or approval of new trademarks. Also consult Policy IV-5.00(A), Policy on the Use of the University’s Name and Trademarks by External Entities in Research-Related Endorsements and Promotional Materials for information on the use of the University name, seals, service marks, and trademarks (collectively referred to as University Marks) by External Entities with whom the University has a research relationship. 8. An external entity wants to film me for a TV show or news story. What should I do? Entities that wish to film campus or individuals on campus must submit an application to the Office of Marketing and Communications and sign a contract with UMD if the request is approved. Please contact your unit head or the Office of Marketing and Communications with additional questions. 9. I want to issue a press release about a matter related to my UMD work. What should I do? After receiving approval from your unit head, please work with the appropriate departmental personnel or contact the Office of Marketing and Communications. 10. Does UMD have liability insurance that covers me while I’m working? The State of Maryland is self-insured under State law. A summary of the coverage that applies to State employees acting within the scope of their employment is available on the website of the Maryland State Treasurer. In addition, the Maryland Tort Claims Act covers employees acting within the scope of their employment. Contact the Office of Risk Management for assistance or review ESSR’s insurance website for more information or for assistance. 11. What happens if I am injured on the job? You should familiarize yourself with the Workers’ Compensation Frequently Asked Questions and review the workers’ compensation website in order to be prepared before an injury occurs. When an injury occurs, you must then file a report of the incident. ________________ 12. Does UMD have insurance for when I travel on business? Coverage for State employees who are involved in an accident while using a State vehicle for work is addressed on the Risk Management website within the Department of Environmental Safety, Sustainability and Risk. For information about travel outside the US, view Risk Management’s Travel Safety resource page, International Travel on the Export Compliance Office website and/or speak with a counselor in the Office of International Student and Scholar Services. 13. Does the University have a resource for reporting various compliance concerns? Yes! In addition to the Whistleblower Protections discussed in the Research FAQ, above, the Division of Finance offers an ethics, integrity, and compliance reporting system so that you can easily and confidentially report problems and concerns. You also can find additional resources for reporting concerns related to discrimination/harassment, sexual misconduct, accounting and financial, research integrity, safety, accessibility, and other topics. ________________ ADVICE FOR COMMON SCENARIOS: WHAT SHOULD I DO IF…? 1. I am sued for something that occurred during my work at UMD? If this happens, who will defend me? Contact the Office of General Counsel at 301.405.4945 for assistance at your earliest convenience. The Maryland Office of the Attorney General will represent and defend the State of Maryland, its agencies, and employees in state and federal courts when they are sued, if the employees acted in good faith in the performance of their public duties and without malice or gross negligence. If you are sued in your capacity as a UMD employee, contact the Office of General Counsel. 2. I received a court order or subpoena or am contacted by an attorney or regulator seeking information about my work or a student? Notify any outside attorney or regulator that they need to contact the Office of General Counsel. Please note that UMD personnel outside of the Office of General Counsel are not authorized to accept subpoenas and some subpoenas must be served on the Maryland Office of the Attorney General; please see OGC’s subpoena website for more information. 3. I suspect or become aware of a fiscal irregularity at UMD involving, for example, fraudulent, unethical, or illegal business activity? Review the USM Policy on Reporting Fiscal Irregularities and the UMD Procedures for Reporting Fiscal Irregularities. You may report the activity through the University System of Maryland Office of Internal Audit Fraud Hotline. 4. Someone sent me a request (or wants to make a request) for written or electronic records in my possession including, for example, research data or records, student recommendations, or e-mails. Immediately forward the request to the Office of General Counsel and direct the person to file the request through the UMD Maryland Public Information Act website. Please do not release records without first consulting with the Office of General Counsel. 5. I have a question related to my professional license, including my obligations as a licensed professional? Please contact the applicable licensing board (e.g., Maryland Board of Physicians, Maryland Board of Pharmacy) with questions. The Office of General Counsel is not able to answer questions that are under the purview of a licensing board. If you have questions after receiving input from the licensing board, and your license is required to perform your UMD duties, please contact the Office of General Counsel. 6. A company has offered to pay for my travel, hotel, and lodging to attend a convention and requires UMD to sign an ethics letter? If you are a scheduled speaker or panel member at a conference, symposium, or similar event and you are attending the conference in the course of your UMD duties, the company sponsor can pay reasonable expenses to cover the cost of conference registration, travel, lodging, and food; if the value of any of these expenses exceeds $20, you must report this on your annual financial disclosure. This is a specific exception to the State ethics law. Please contact the Office of General Counsel to obtain a signed ethics letter. You can also accept unsolicited gifts of nominal value, such as coffee mugs, pens, notebooks, etc. so long as each item does not exceed $20 in value. This exception does not apply to any meals, alcoholic beverages, or tickets to sporting events. If you are not a scheduled speaker or panel member, State ethics law prohibits you from accepting an offer to pay for travel costs (flights, hotels, food, etc.). You may still accept unsolicited gifts of nominal value that are offered to conference attendees. 7. I want to know more about the State’s public ethics laws, which apply to me as a UMD employee? Please consult the State Ethics Commission’s website for State employees. You may also contact the Office of General Counsel with any questions. 8. I want to work with a law firm on matters related to my UMD duties? Please contact the Office of General Counsel. Only the Office of the Attorney General is authorized to engage outside counsel, and all outside counsel must be managed by OGC. 9. I have other questions. How can I get answers? Please perform a keyword search of this document to see if your questions are addressed in another section. Please also consult the UMD Policy website to determine if your question is answered in one or more policies or procedures. If you are not sure where to go or what to do, you are always welcome to contact the Office of General Counsel and we will assist you in finding the campus unit best suited to answer your question. ________________ [1] Sponsored projects include sponsored research (i.e., all research and development activities sponsored by federal or non-federal entities), sponsored instruction and training (i.e., instructional or training activities established by a grant, contract, or cooperative agreement), and other sponsored activities (i.e., programs and projects, other than instruction and research, funded by federal or non-federal entities). See 2 CFR 200 App. III.