Office of the General Counsel
The Office of the General Counsel provides advice and services to EVMS on a wide variety of legal issues including litigation, employment and equal opportunity, federal and state regulatory compliance, policy development and interpretation, purchasing and sales of goods and services, real estate and other legal matters.
Institutional Compliance Office
The Institutional Compliance Office is a unit within EVMS Compliance whose mission is to ensure that EVMS maintains the highest standards of ethical conduct in its education and research activities. Our office works closely with EVMS Internal Audit to ensure that all functional areas of the institution are in compliance with laws, rules, regulations and EVMS Policies.
Title IX
In accordance with Title IX of the Education Amendments of 1972, EVMS does not discriminate on the basis of sex and is committed to providing its educational programs and activities in an environment that is free from sex discrimination and sexual or gender-based harassment (including sexual misconduct and sexual violence). In addition to any recourse provided by the Reporting and Investigation of Harassment Allegations process, victims of sex discrimination and/or sexual misconduct also have the option to file a formal Title IX Complaint by contacting one of the EVMS Title IX Coordinators:
Institutional Title IX Coordinator:
Josephine Wiley
Institutional Title IX Coordinator
Andrews Hall
721 Fairfax Avenue, Suite 509
Norfolk, VA 23507
757-446-6008
WileyJP@evms.edu
Senior Deputy Title IX Coordinator for Students:
Joann Bautti, MPA, Director of Student Affairs Lewis Hall
700 W. Olney Rd., Room 1182
Norfolk, VA 23507
757-446-5017
BauttiJ@evms.edu
Senior Deputy Title IX Coordinator for Employees:
Matthew Schenk, PHR
Director of Human Resources
Smith Rogers Hall
358 Mowbray Arch, Ste. 101
Norfolk, VA 23507
757-446-6043
schenkmr@evms.edu
All reports/complaints involving sex discrimination or sexual misconduct will be handled in such a manner as to try and protect the privacy of all parties involved and will only be shared with individuals who have a need to know. Please note, however, that complete confidentiality/anonymity cannot be guaranteed. In many cases it is possible to address and resolve issues without revealing a reporter/complainant’s identity. In other cases, however, this may not be possible. Even when the reporter/complainant requests anonymity and/or requests that the alleged perpetrator not be punished, EVMS must move forward with addressing the allegations.
If a student chooses not to make a report/complaint, and especially in cases of sexual assault, a student may still want, or need, to talk with someone confidentially. The Confidential Resources List provides confidential resources, such as hotlines, counseling, and victim advocacy, to individuals who have experienced sexual assault, relationship (dating and domestic) violence, or other sexual misconduct.
Detailed information about EVMS’ Title IX policy can be found on the EVMS Title IX page.
Title IX protection against discrimination based on sex covers nursing mothers. EVMS has made a commitment to be a breast feeding-friendly environment for students. Information about the program, support, and location of lactation rooms throughout the EVMS campus can be found on the EVMS Nursing Mothers webpage.
Informal Resolution Options
In keeping with our core value of collegiality, we would like every effort to be made to address allegations of Sex Discrimination (including some types of Sexual Misconduct) through informal resolution before making a formal complaint, report or grievance. Options for informal resolution include:
- Direct Communication. In many instances you can take action to address Sex Discrimination by communicating with the individual whose behavior is unwanted or inappropriate. You should only pursue this direct communication:
- When it is not a matter of domestic, dating, or sexual violence.
- When you know the other party (the person is not a stranger) and believe he/she will be receptive (i.e., they may not know they are making inappropriate comments).
- When you do not feel physically threatened and there is no risk of physical harm.
- Via phone, email, or other method of communication that is not face-to-face. Such communication should include:
- A factual description of the incident(s) including date, time, place, witnesses and a description of the specific unwelcome behavior;
- A description of how you felt or consequences you may have suffered due to the unwelcome behavior; and
- A request that the unwelcome behavior cease immediately. If you do not feel comfortable communicating with the individual directly, or if you believe the communication was or will not be successful, talk to a Title IX Coordinator and/or you may also want to consider making a complaint.
- Administrative Communication. If you are not comfortable with direct communication as outlined above, you are encouraged to attempt to resolve matters of Sex Discrimination through the EVMS administrative structure as follows:
- Faculty, residents or staff who would like to proceed informally, but with the assistance of their administrative unit should contact their office manager, department administrator, or EVMS Human Resources.
- Students should contact their educational program director or Student Affairs.
- All others may contact the EVMS Office of Compliance at 446-6008.
Once reported, that administrative unit will meet with you and the accused, individually (or together if you so desire) and work towards a satisfactory resolution. Please note that, as set forth in Confidentiality and Confidential Resources, once a matter is reported to your administrative structure, confidentiality cannot be guaranteed and a Title IX Coordinator may need to be notified of your report.
Finally, remember that informal resolution is not a requirement and you always have the right to make a formal complaint as outlined in the Complaint Process. In addition, informal resolution is not appropriate in instances that involve domestic violence, dating violence, sexual violence, or other threat of imminent harm and, in such instances, you should talk to a Title IX Coordinator and/or consider filing a formal complaint.
Confidentiality and Confidential Resources
Duty to Report. All EVMS faculty and staff have a duty to report misconduct to the EVMS Office of Compliance pursuant to the EVMS Code of Conduct. In addition, Responsible Employees (any member of one of the following departments: EVMS Police and Public Safety, Student Affairs, Human Resources, Legal and Compliance, Student Housing) must immediately report all relevant facts regarding reports of sex discrimination/sexual misconduct to a Title IX Coordinator. As such, requests to discuss sex discrimination and/or sexual misconduct with faculty or staff “off the record” cannot be honored. If you desire to speak with someone on a confidential basis, please see Confidential Resources below.
- Confidentiality. All reports/complaints involving sex discrimination or sexual misconduct will be handled in such a manner as to try and protect the privacy of all parties involved and will only be shared with individuals who have a need to know. Please note, however, that complete confidentiality/anonymity cannot be guaranteed. In many cases it is possible to address and resolve issues without revealing a reporter/complainant’s identity. In other cases, however, this may not be possible. Even when the reporter/complainant requests anonymity and/or requests that the alleged perpetrator not be punished, EVMS must move forward with addressing the allegations. In such event, or if an anonymous report is received on the EVMS Compliance Hotline, EVMS will make every effort to investigate and respond consistent with the reporter/complaint’s request for confidentiality/anonymity. The Institutional Title IX coordinator will assess the circumstances and determine if such a request can be honored. If it cannot, and there is no threat to the campus, the reporter/complainant will be notified that confidentiality/anonymity cannot be maintained, what disclosures and to whom will be necessary, and the Title IX Coordinator will work with the reporter/complainant to determine how best to proceed. It should be noted that insisting on maintaining anonymity may substantially limit the ability of EVMS to complete its investigation and respond effectively. An individual who requests anonymity that results in a limited investigation may, at any time within a year of the anonymous complaint, request that a full investigation be conducted.
- Confidentiality and Threats to the EVMS Campus. There are times when the circumstances of a report or complaint reveal a potential or continuing threat to the EVMS campus, its employees, students, or visitors. This threat may override any request for confidentiality and the Institutional Title IX Coordinator shall notify the EVMS Safety Management and Response Team (SMART), which will evaluate the circumstances and any request for confidentiality/anonymity. SMART will make a determination regarding actions required for campus safety. The reporter/complainant shall be notified by a Title IX Coordinator as soon as possible that confidentiality/anonymity could not be maintained, what disclosures and to whom will be necessary or were made. In addition, most allegations of sexual violence against students that are reported to the Institutional Title IX Coordinator will require review by the Sexual Violence Review Committee and potential disclosure to law enforcement and the Commonwealth’s Attorney, as outlined here.
- Confidential Resources. Title IX is meant to empower individuals. Thus, while we strongly encourage you to make a report or formal complaint about sex discrimination or sexual misconduct to ensure EVMS can take swift action to address the issue, it is also your right not to make a report or formal complaint. If you choose not to make a report/complaint, and especially in cases of sexual assault, you may still want, or need, to talk with someone confidentially. The Confidential Resources provides confidential resources, such as hotlines, counseling, and victim advocacy, to individuals who have experienced sexual assault, relationship (dating and domestic) violence, or other sexual misconduct. This list is not exhaustive and certain other individuals/organizations that have professional status, such as health care providers, mental health professionals, and clergy may also be in legally protected roles that permit them to talk with you and guarantee confidentiality. In addition, discussions that take place at EVMS sponsored public awareness events (i.e. sexual assault support groups or forums) are confidential.
Please remember that talking about sexual assault or sexual misconduct with a confidential resource is not the same as making a report/complaint to EVMS. If you utilize a confidential resource, EVMS will not be notified of the incident, nor will it be able to conduct an investigation into the incident or pursue disciplinary action against the perpetrator. If you first choose to talk with a confidential resource you can always decide to make a report/complaint to EVMS (or law enforcement) at a later time. In addition, you can always use the EVMS anonymous Compliance and Ethics Hotline (1-800-461-9330) to make an anonymous report. This hotline is manned by a third party vendor and you can provide as much, or as little, information about yourself as you desire. While EVMS’ response to an anonymous report may be limited, EVMS will still investigate every allegation to the fullest extent possible and take immediate and appropriate action to correct sex discrimination and/or sexual misconduct in any of its programs or activities.
Records Retention Policy
It is the policy of Eastern Virginia Medical School (EVMS) to manage its records in an efficient and orderly fashion pursuant to applicable law rules and regulations. This policy provides best practices on the creation, storage, and disposition of important records retained by EVMS.
EVMS Records - any information created, received, or sent by an EVMS employee in the course of EVMS business, regardless of whether in paper or electronic format. Records include, but are not limited to documents, minutes, forms, photographs, microfiche, audio and video recordings, correspondence, invoices, journals, ledgers, purchase orders, grant documentation, and computer data or other machine readable electronic records, including electronic mail.
Areas of Responsibility - The EVMS department with responsibility for the creation, storage, retention, and destruction of records related to that department’s function, but with impact across one or more EVMS departments. EVMS Areas of Responsibility include, but are not limited to, Human Resources, Registrar, Financial Aid, Financial Services, Information Technology, Sponsored Programs and Grants Accounting.
- Creation and Storage. Departments and Areas of Responsibility should create EVMS Records that appropriately document their core activities and that comply with applicable laws, rules, regulations, EVMS Policies, and best practices. Once created, departments and Areas of Responsibility must store EVMS Records in a manner that facilitates timely and accurate retrieval and ensures that EVMS Records are maintained in a secure and stable environment. In addition, EVMS Records must meet any additional storage or security requirements dictated by any applicable external laws or regulations (i.e. FERPA, HIPAA, etc.)
- Retention and Destruction.
- Retention Schedules. The Office of the General Counsel shall determine the Areas of Responsibility and departments that will be required to develop an EVMS Record Retention Schedule and shall assist such areas in the development of same. The final retention schedule, and any future updates, shall be provided to the Office of the General Counsel and shall:
- Describe the type of record;
- Specify the length of time that the record must be retained and any law, rule, or regulation that dictates the retention period;
- Specify the location of such record if not normally stored by the department or Area of Responsibility; and
- Specify any special method by which the record must be destroyed, if applicable.
- Method of Record Destruction. All sensitive or confidential EVMS Records (containing social security numbers and/or ID numbers, other sensitive information, or EVMS proprietary business information) and all copies thereof, must be destroyed by cross-shredding or through the use of external shredding vendors. Note that electronic records are not destroyed when merely sent to the trash or recycle bins on the computer. Electronic records must be electronically “wiped” clean or the media or storage device must be physically destroyed by burning, cutting or “chopping-up” of physical disks. For information on external shredding vendors and/or destroying of electronic media, please contact EVMS Materials Management.
- Exceptions to Destruction. EVMS Records may not be destroyed if they are the subject of any potential legal action or proceeding, litigation, audit, investigation, or review, even if the records retention schedules or other policies or procedures indicate that the records are eligible for destruction. In most cases, the Office of the General Counsel will send a “Litigation Hold Notice” to parties that have EVMS Records that should not be destroyed.
- Requests for EVMS Records.
- Internal Records Requests. Records requested by another EVMS department are subject to the release policies of the department or Area of Responsibility that has responsibility for creation and maintenance of such EVMS Records.
- External Records Requests. No records should be released unless approved by the EVMS Office of the General Counsel. All requests for records by outside entities must be immediately forwarded to the EVMS Office of the General Counsel, OGC@evms.edu, 757-446-7250.
Copyright
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the US Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, US Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office.
For information on how to obtain permission to reproduce or use copyrighted content, consult the Brickell Medical Sciences Library.
Family Education Rights and Privacy Act
Eastern Virginia Medical School’s (EVMS) policy regarding the confidentiality of student records is in compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA). FERPA was enacted to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data. It is EVMS’ policy to maintain as confidential all personally identifiable information in education records except that which is considered to be “directory information.”
Directory information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. Designated directory information at EVMS includes: student name, telephone number, EVMS e-mail address, degrees or certificates sought and/or conferred, program/class year, dates of attendance, awards and honors received, enrollment status, photograph, the name of the most recent previous educational institution attended, and residency or other internship or post-completion placement.
EVMS, without consent of the student, may disclose directory information unless the student has restricted the release of this information. Students have the right to request that directory information not be disclosed to third parties by submitting the “FERPA Directory Hold Form” (available in the Office of the Registrar, Lewis Hall, Room 1147) to the Registrar within (10) days of the start of any new or renewing term. If this form is not completed and received in person (with photo ID) in the Office of the Registrar within the timeframe stated above, it will be assumed that directory information may be disclosed. Students may elect to withhold directory information at any point during their enrollment.
EVMS cannot assume responsibility to contact you for subsequent permission to release directory information. Please consider very carefully the consequences of any decision by you to withhold directory information. Should you decide to do so, any future requests for such information from non-institutional persons to third parties cannot be processed even after you graduate.
FERPA affords students in attendance certain rights with respect to their education records. These rights are:
- The right to inspect and review the student’s education records within 45 days of the day EVMS receives a request for access.
All students should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The form to request access to inspect and review student academic records is available via the Office of the Registrar. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
All students who wish to ask EVMS to amend a record should contact the Office of the Registrar, in writing, clearly identify the part of the record the student wants changed, and specify why it should be changed. The form to request an amendment to a student record is available via the Office of the Registrar. If EVMS decides not to amend the record as requested, EVMS will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
(Please note: EVMS will not release information from a student’s educational record without the student’s written consent except as indicated below.)
FERPA permits disclosure, without a student’s prior written consent, to:
- School officials with legitimate educational interests. A “school official” is a person employed by EVMS in an administrative, supervisory, academic or research, or support staff position (including EVMS law enforcement personnel and health staff); faculty sponsoring an honor society; contractors, consultants, volunteers or other outside parties providing services instead of using EVMS employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Visitors; or a student serving on an official EVMS committee, such as a disciplinary, student progress or grievance committee, or assisting another school official in performing his or her tasks. Inter-institutional disclosure may be made between EVMS and entities that administer or participate in joint or affiliated programs or activities and that further a legitimate educational interest because such disclosures are considered made to “school officials”. A school official has a “legitimate educational interest” if the official needs to review an education record in order to fulfill his or her professional responsibilities for EVMS.
- Officials of another school in which a student seeks or intends to enroll so long as the disclosure is related to the enrollment or transfer.
- EVMS may disclose education records to appropriate parties, including a student’s parent(s), if it determines that there is a significant threat to the health or safety of a student or other individuals, but only to those persons whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by EVMS to comply with the requirements of FERPA.
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW Washington, DC 20202-5901
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records - including your Social Security Number, grades, or other private information - may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
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