In The News

Jul 28, 2021

Senate Bill 1371: A Bill Allowing Anonymity Still

Office of Legal Affairs
In 2019, the Texas Legislature passed Senate Bill 212 (SB 212), which requires all post-secondary institution employees to report sexual misconduct... Read more  
Jul 28, 2021

The Dawn of New Era in Intercollegiate Athletics

The evolving landscape of intercollegiate athletics has changed dramatically over the last few months, thanks in large part to developments at the federal... Read more  
Jul 28, 2021

Public Hearings on Prior Administration's Title IX Regulations

The Department of Education held five days of public hearings in June. Students, educators and others with interest and expertise in Title IX were... Read more  
Jul 28, 2021

Open Records FAQ

Office of Legal Affairs
This article provides answers to regularly asked questions about UTSA’s responsibilities when providing information for an open records request. Chapter 552 of the Texas... Read more  
Apr 12, 2021

The Preservation of Privilege During the Pandemic

Office of Legal Affairs
Since the announcement of the COVID-19 pandemic, organizations have seen the rise of the remote workforce which presents unique challenges in preventing the inadvertent loss of attorney-client privilege. Read more  
Apr 12, 2021

Texas Court Refuses to Expand Compensation to Cover All Time “On Call”

Office of Legal Affairs
A Texas court recently ruled that all time spent “on call” is not compensable and that instead compensation is limited to time spent actually performing work. Read more  
Apr 12, 2021

Finding of Viewpoint Discrimination Leads to Loss of Qualified Immunity for University Officials

Office of Legal Affairs
… the legal doctrine that protects state and local officials from individual liability unless they violate clearly established constitutional rights – did not apply to the University of Iowa (“UI”) administrators who denied registered student organization status to … Christian student group that rejects homosexual relationships. Read more  
Apr 12, 2021

A Redo of the Title IX Regulatory Framework?

Last month, President Biden issued an Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity” (“EO”). Read more  
Jan 20, 2021

Text Messages Subject to Open Records Disclosure

Office of Legal Affairs
Did you know that texts produced using your cell phone or personal device to conduct University of Texas at San Antonio (UTSA) business are subject to... Read more  
Jan 20, 2021

Further Pandemic Relief Coming to Higher Education

Office of Legal Affairs
On December 27, 2020, Congress allocated $23 billion in further emergency relief aid for colleges and universities, and their students, which is $9 billion more... Read more  
Jan 20, 2021

Flurry of Employment-Related Agency Activity in the Waning Days of the Trump Administration

Office of Legal Affairs
During the last few days of the Trump Administration, the U.S. Department of Labor (“DOL”) was quite active, issuing guidance and rules on... Read more  
Jan 20, 2021

Can (and should) Universities Require Their Employees to Obtain the COVID-19 Vaccine?

Office of Legal Affairs
The approval, and the beginning of the administration, of the Pfizer and Moderna COVID-19 vaccines offers hope that the current pandemic’s days... Read more  
Oct 27, 2020

Copyright Infringement: A Photograph Is Worth A Thousand Dollars

Office of Legal Affairs
When creating web and promotional content, we want to market the special attributes of our departments in a polished and professional manner. What better way is there than a photograph? Read more  
Oct 27, 2020

Who’s Watching Me? Online Learning in Pandemic Times

Office of Legal Affairs
The onset and spread of COVID-19 has hastened higher education’s adoption of virtual teaching, raising with it a number of novel privacy, security and technology issues. Read more  
Oct 27, 2020

Recent Regulatory Developments

Office of Legal Affairs
With the upcoming election (and possible change in Administration) rapidly approaching, some federal agencies have recently issued regulatory changes or clarifications. Read more  
Oct 27, 2020

New Associate Counsel Set to Join the Office of Legal Affairs

Office of Legal Affairs
It gives us great pleasure to introduce you to the newest member of the Office of Legal Affairs – Associate Counsel, Ms. Natalee Marion. Read more  
Jul 17, 2020

That Momentous Week in June and its Potential Consequences for Higher Education

Office of Legal Affairs
The end of Spring 2020 was quite remarkable, even in this era of social distancing, face coverings and hand sanitizers spawned by COVID-19. Indeed, aside and apart from the ongoing pandemic, three recent events are bound to have far-reaching, long-term implications for many segments of society, including higher education. Read more  
Jul 17, 2020

The New Hub for Outside Counsel Contracts and Invoicing

The ever-turning wheels of contracted services amidst daily university business includes one wheel which keeps UT components moving... Read more  
Jul 17, 2020

Liability Considerations for Higher Education in the COVID-19 Era

Office of Legal Affairs
It is well known that the coronavirus has impacted nearly every aspect of daily life over the last few months. As universities have adapted to these changes, the next step will be to plan for the resumption and reopening of at least certain onsite activities in light of the coronavirus. Read more  
Jul 17, 2020

UTSA’s Open Records: Valuable Texas Assets

Office of Legal Affairs
The Texas’ Records Management Interagency Coordinating Council (RMICC) considers state records, including those at The University of Texas at San Antonio (UTSA), as valuable Texas assets. The records we manage at UTSA carry value as both citizens and government alike count on them to be accurate, reliable and... Read more  
Apr 21, 2020

Dreaming About DACA

Office of Legal Affairs
A legislative proposal setting forth a process for granting residency status to qualifying immigrants who entered the US as minors has been under consideration by Congress... Read more  
Apr 21, 2020

New Worker Protection Due to the Novel Coronavirus

Office of Legal Affairs
In response to the novel coronavirus, Congress recently passed legislation aimed at providing workers an extra layer of protection during these uncertain times Read more  
Apr 21, 2020

SB18 - Campus Free Speech

Office of Legal Affairs
When Senate Bill 18 (SB18) passed during the 2019 legislative session it ushered in a new era of changes to free speech and assembly on the campuses of The University of Texas at San Antonio (UTSA). Before then, The University of Texas System’s Regents’ Rules made every UT campus a limited public forum. Read more  
Apr 21, 2020

It’s FERPA but …

Office of Legal Affairs
This article is the second part of a two-part series. The first article, “I Can’t Believe It’s Not FERPA,” discussed what is and what is not an Education Record subject to the Family Educational Rights and Privacy Act. This article will summarize all the exceptions to the general rule that the University will not disclose a FERPA-protected Education Record to a third party without the student’s consent. Read more  
Jan 22, 2020

Senate Bill 212: New Reporting Requirements for UTSA Employees Regarding Sexual Harassment and Sexual Violence Cases

Recently, the Texas Legislature passed a bill that requires university employees to report sexual harassment, sexual assault, dating violence or stalking cases against a student or employee to the institution’s Title IX coordinator. The penalty for non-compliance could include termination and a criminal charge against the employee. Read more