Frequently Asked Questions
#1) What happens if I am sued for some action related to the performance
of my job?
If you are sued for actions you took in the scope of your employment,
then ordinarily you will be defended by the Georgia Attorney General's office.
If any judgment is entered against you it will be covered by the State of Georgia's
self-insurance coverage. For specific details on insurance coverage, you should
contact the Georgia Tech Office of Risk Management. (top
of page)
#2) Does a request for documents under the Open
Records Act have to be in writing?
No, it does not. While you may encourage those who request records to submit
their request in writing in order to avoid any misunderstanding, it is not required
by the law. Further, the request does not have to mention the Open
Records Act or give a reason for the request. (top
of page)
#3) What should I do if I receive a subpoena, summons or a request for
documents under the Open
Records Act?
You should call our office and if the request is in writing, send a
copy of the request to us immediately. You should also identify any documents
or other records in your possession that might be responsive to the request
and be prepared to provide us with copies. (top
of page)
#4) What should I do if I am contacted by an outside lawyer concerning
Georgia Tech business?
Anytime you are contacted by a lawyer from outside of Georgia Tech regarding
any Georgia Tech business, you should refer the lawyer to OLA. We will handle
their request. (top of page)
#5) I have heard that my e-mail may not be confidential, is this true?
This is true. Like written communication, e-mail sent in the course
of employment at a public university is generally subject to disclosure under
the Georgia
Open Records Act. (top of page)
#6) What if I am asked to sign an agreement of any kind?
You should not sign the document unless you have express written authorization
from the president to do so. If you know which office on campus should handle
the matter, you should forward the document to that office. If not, you may
forward the document to OLA. (top of
page)
#7) What do I do if I am told that my research contract is delayed because
of "legal problems"?
Always check with your contracting officer in the Office
of Sponsored Programs (OSP) first. Only about 1% of research contracts with
"legal problems" come to OLA for review. If it is in OLA, call us
and we will let you know the status of the contract negotiations.
(top of page)
#8) What intellectual property issues does OLA review?
OLA does not routinely review intellectual property provisions in research
contracts. We review intellectual property issues only when we are asked to
do so by the Office of Technology Licensing
(OTL). (top of page)
#9) What should I do if I arrive at a sponsor's office for a meeting
and they refuse to let me participate unless I sign a Non-Disclosure Agreement
(NDA) or if I need an NDA for a meeting tomorrow?
Call OLA immediately. While we have successfully negotiated NDAs in
tight time frames such as these, we cannot always do so. Most companies require
an NDA prior to entering into discussions involving confidential information.
As soon as you become aware of the need for an NDA, please contact us.
(top of page)
#10) Why do we prefer to use our form agreements?
They save time because they already contain both those provisions which
Georgia Tech must have, and the most common provisions requested by vendors
or sponsors. (top of page)
#11) Who owns the intellectual property that I develop at Georgia Tech?
Intellectual property developed at Georgia Tech is generally owned by
the Georgia Tech Research Corporation
under an agreement with the Board of Regents. The Georgia
Tech Intellectual Property Policy defines in detail your rights with respect
to ownership and royalties. (top of
page)
#12) What are my obligations or rights with regard to the confidentiality of student records?
If a request for student records does not fall within one of the exceptions to FERPA you must obtain the student's written consent prior to disclosure. The consent should be signed and dated by the student, must specify what records may be disclosed, provide the purpose of the disclosure and the party/parties who the disclosure may be made.
It is important to realize that there are other laws and policies that may govern the release of Institute records. One is the Gramm-Leach-Bliley ACT (GRBA), which addresses the protection of financial information. Another is the Health Insurance Portability and Accountability Act (HIPPA), which protects health-related information. Both of these federal laws state that compliance with FERPA satisfied these statutes. If you have specific questions regarding a request for educational records, please contact our office. (top of page)