The emerging problem of compliance on
campus
T. Boyd & R. Flintoft
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University Issues in the Spotlight
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“But, we do what we think is the right
thing.”
Area # Statutes & Regs Academic Programs 19 Accounting 18 Accreditation 1 Admissions 12 Athletics 5 Campus Safety 19 Copyright & Trademark 8 Disabilities 39 Enviro Health & Safety 40 Ethics 5 Area # Statutes & Regs Export Controls 4 Financial Aid 25 Grants Management 14 Human Resources 44 Information Technology 14 IP & Tech Transfer 8 Lobbying 6 Privacy & Info Security 24 Research 11 Sexual Misconduct 12 4Is doing the “right thing” enough?
Consider the Clery Act (1990) – To receive federal funds, Universities must: • Maintain information for crimes on/near campus, • Publish annual reports including crime statistics, security measures and crime reporting protocols. Modified and expanded via legislative actions: 2013 VAWA Act – • Include in crimes reported domestic violence, dating violence, and stalking, • Expands definition of reportable hate crimes, • Requires establishment of educational prevention and awareness programs, and • Develops step‐by‐step procedures for reporting, investigating and adjudication. 2014 Campus Accountability and Safety Act (Proposed) –
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DoD Voluntary Education Partnership
Memorandum of Understanding
DoD MOU required participation in DoD Tuition Assistance Program.
Program provides tuition assistance to active‐duty military, immediate
family.
Mines currently enrolls <5 eligible students.
While “Voluntary”, what is the external perception of not participating?
The MOU requires ALL participants to subject themselves to –
Increased DoD inspections,
DoD payment procedures,
Rules for transferring credit,
Granting academic credit for military training,
Residency requirements,
Personalized cost of education access requirements,
Personalized advising requirements, and
Extensive, service‐specific reporting requirements. 6Increasingly Intrusive Operational
Oversight: CDC Security Requirements
Recent contract awarded through NIOSH which is part of CDC.
Contract requires standard CDC computer security processes.
These include –
Compliance with “Federal Desktop Core Configuration” standards,
Compliance with “Federal Information Processing Standards” including encryption,
Use of Key Management Key to decrypt and recover all encrypted information,
Securely managed encryption keys,
Incorporate all of the above into a control system or establish a separate procedure for all computers and mobile devices that store or process sensitive information,
Provide CDC copy of Mines IT Security Plan and details of our approach to security, and finally,
Provide written prove to CDC that IT Security and Accreditation was performed for applicable systems.Certification of all of these requirements is needed prior to the awarding of
funds.
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Export Control Requirements
Government regulations controlling certain restricted equipment,
software, chemicals, bio‐agents or technology.
Controls are intended to promote national security and foreign
policy objectives
Types of exports that are controlled include:
Physical Exports: international shipping or transmission of equipment,
commodities, technology or data,
Foreign Travel: international travel with equipment or data and travel to
sanctioned/embargoed countries, and
Deemed Exports: access to controlled equipment or data by foreign
nationals inside the US (
i.e., student, visiting scholars, and conference
attendees
).
Penalties associated with non‐compliance are significant. Criminal
penalties can be as much as $1M and 20 years imprisonment.
8Export Controls – Faculty Resources
Government Reference:
http://www.export.gov
ORA website:
http://inside.mines.edu/RES‐Export‐Control.html
On‐campus Training Opportunity:
September 11, 2014
12 noon, Petroleum Hall, Green Center
Nelson Dong
Export Control Counsel for Dorsey & Whitney
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Example: Sexual Violence
Title IX
, Campus Save Act and more…
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Example: Sexual Violence
Title IX,
Campus Save Act
and more…
Enacted in March 2013, amends the Clery Act
Requires primary prevention and awareness
programs – for all incoming students and all
faculty/staff
Includes sexual assault,
domestic violence, dating violence,
and stalking
October 1, 2014 deadline
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Example: Sexual Violence
Title IX, Campus Save Act
and more…
White House Task Force to Protect Students from
Sexual Assault
April 2014 report, titled “Not Alone”
Significant recommendations regarding victim rights and
university responsibilities
Focus on enforcement transparency
www.notalone.gov
Campus Accountability and Safety Act (proposed)
Even more requirements for higher ed
Fines up to 1% of annual operating budget
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