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From: William E. Thro, General Counsel [generalcounsel.uk@UKY.

EDU]
Sent: Tuesday, March 31, 2015 3:13 PM
To: Jones, Davy
Subject: Notice of New and Revised Administrative Regulations

The University of Kentucky formally approves, issues, and maintains in a consistent


format, official university regulations in a central regulations library. University
regulations connect the Universitys mission to individual conduct, clarify institutional
expectations, support compliance with laws and regulation, mitigate institutional risk,
and enhance productivity and efficiency in the University operations. University
regulations are thoroughly reviewed, maintained, and made available to the University
community to promote compliance, and accountability. State law authorizes the Board
of Trustees to establish regulations for the governance of the University. (KRS 164.180
& KRS 164.200)

The Administrative Regulations provide interpretation and implementation of the


University-wide policies set forth by the Board of Trustees. Administrative Regulations,
including the Human Resource Policies and Procedures and the Business Procedures,
are typically approved by the President, unless Board approval is required for legal or
accreditation reasons. For more information on the Regulation process, please see
Governing Regulation XIII and Administrative Regulation 1:6.

The Office of the General Counsel is pleased to announce the issuance of the following
new or revised Administrative Regulations (AR):

AR 4:5, Residency Status Review Committee


(Approved by the Board of Trustees, 3/16/2015)
This regulation establishes the Committee that reviews student appeals of their
residency status for tuition purposes and delineates the Universitys procedures for
handling the appeals. The revisions: 1) make the AR consistent with regulations
promulgated by the Council on Postsecondary Education (CPE) regarding residency
determinations; 2) updates the AR to current University administrative organization; 3)
increases the number of Committee members to allow the Office of Enrollment
Management more flexibility in scheduling Committee meetings to hear student
appeals; eliminates any appearance of conflict of interest by changing the Associate
Provost for Enrollment Management to a non-voting member of the Committee; and 4)
changes the name of the Committee to Residency Status Review Committee to better
define its purpose.

AR 5:4, Enrollment of Graduate Medical Education Residents and Fellows (House Staff)
(Approved by the President, 2/21/2014)
This regulation establishes the policies for appointment of Graduate Medical Education
house staff (residents and fellows) and defines their status, privileges, and
benefits. The revisions update the regulation to conform to current Graduate Medical
Education Program requirements. This revision also updates the employee and student
benefits for house staff in accordance with current University practices.
AR 5:5, Grievance Procedures for House Officers
(Approved by the President, 2/21/2014)
This regulation establishes the policies and procedures for house officers who wish to
appeal a Graduate Medical Education Program decision that will adversely affect the
individuals standing as a student or employee. This regulation is revised as part of the
regular five-year review cycle. In addition, the revision creates procedures for an
appeal by a house staff member who faces formal disciplinary action resulting from a
non-academic issue, such as an ethical violation, violation of rules of conduct, or
criminal conviction.

AR 6:2, Policy on Sexual Assault, Stalking, Dating Violence, and Domestic Violence
(Approved by the President, 12/3/2014)
This regulation helps ensure that the University responds to complaints of sexual
misconduct, including dating violence, domestic violence, sexual assault, and stalking,
in accordance with recent Federal guidance related to Title IX of the Education
Amendments of 1972. The revisions are necessary for compliance with the Violence
Against Women Reauthorization Act of 2013, (Pub. Law 113-4), which, among other
provisions, amended the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act (Clery Act). The amendments to the Clery Act require
institutions to compile statistics for incidents of domestic violence, dating violence,
sexual assault, and stalking, and to include certain policies, procedures, and programs
pertaining to these incidents in their annual security reports (ASRs). Revisions to this
regulation include updated definitions for Sexual Assault, Stalking, Dating Violence,
Domestic Violence, and Affirmative Consent, as well as updated procedures for
reporting and handling incidents of alleged misconduct.

AR 6:7, Policy on Disclosure of Campus Security and Crime Statistics


(Approved by the President, 3/18/2015)
This regulation implements the federal Clery Act and the state Minger Act that require
the University to provide certain information to the public about campus security and
crime. The revisions are necessary to bring the regulation into compliance with recent
changes in the federal and state requirements. The revisions: 1) clarify that reporting
requirements for Clery and Minger purpose do not extend to students, remove
employees of Real Estate Services from the list of Campus Security Authorities (CSA),
clarify that only faculty and Staff who lead study abroad programs sponsored or
organized primarily by UK are considered CSAs, clarify the role of pastoral and
professional counselors as CSAs, update the types of crimes that must be reported, and
clarify the definition of Noncampus buildings or property where, if a crime occurs, it
must be reported.

AR 6:12, Minors Involved in University-Sponsored Programs or Programs Held at the


University
(Approved by the President, 1/1/2015)
This is a new Administrative Regulation that confirms the Universitys commitment to
protecting minors who participate in University programs or who visit our campus. This
regulation describes the requirements for those in the University community who work
with minors or who sponsor programs involving minors, fulfills our obligations as
mandated by law, and provides procedures to facilitate the safest possible experience
for minors who visit the campus or are involved in University Programs.

AR 7:2, Financial Conflicts of Interest in Research


(Approved by the President, 3/1/2015)
This regulation sets forth policies, principles, and procedures to ensure that the
personal financial interests of University employees do not compromise the objectivity
with which research is designed, conducted, and reported, the welfare of research
participants, or the objectivity with which intellectual property is developed. This
revision clarifies that undergraduate and graduate students are not considered
investigators. This revision also clarifies that postdoctoral scholars and postdoctoral
fellows are only considered investigators if they are specifically designated by a
Principle Investigator on a case-by-case basis. This revision is intended to eliminate
unnecessary financial disclosures.

AR 9:8, Committee for Art in Public Places


(Approved by the President, 10/31/2014)
This is a new Administrative Regulation that establishes the Campus Committee for Art
in Public Places (CAPP). CAPP is a decision-making body that will provide direction
and advice for the creation, placement, and care of works of art erected or installed,
either permanently or temporarily, in public places on the University campus, as defined
in this regulation. No work of art shall be erected or installed in places on campus that
have been designated as public places without the approval of the Committee.

AR 11:3, University Committee on Broadcast Media Rights


(Approved by the President, 4/11/2014)
This Administrative Regulation and the Committee on Broadcast Media rights is
eliminated. In accordance with state law and University policy, the Office of Purchasing
handles the procurement of contracts for broadcast and publishing rights related to
athletic events.

Please familiarize yourself with these new and revised regulations. If you are a
supervisor, please communicate this information to the faculty and staff within your
area. The complete administrative regulation library, including the list of recently
revised or new regulations, may be found at http://www.uky.edu/Regs. Questions about
these or other regulations should be directed to the Office of Legal Counsel at (859)
257-2936, or Marcy Deaton at mdeaton@uky.edu.

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