Department of Internal Audit and Compliance

The Compass June 2024 Vol. 18, no. 1

Guidance for University leaders on governance topics facing UToledo and our peer institutions

 

The Compass Awards

We are proud to announce that Institutional Compliance has a process for identifying and recognizing employees who exemplify the expectations of the compliance and ethics program and the values of the university. Three times per year, Institutional Compliance will recognize employees by receiving The Compass Award and feature them in a Compass newsletter article. This month, we recognize: (photos appear below) Dr. Jillian Bornak, Distinguished University Lecturer, Department of Physics, College of Natural Sciences and Mathematics. Dr. Bornak and all future individuals will receive a framed The Compass Award and the UToledo Board of Trustees will recognize them at an upcoming meeting.

We briefly profile Dr. Bornak below in what we hope will be a very prestigious award. To nominate a worthy faculty or staff member for this award, please click here. Thank you for your support of good governance at the University of Toledo!

David L. Cutri, CPA, CISA, CIA

Chief Compliance Officer and Chief Audit Executive

Internal Audit and Compliance

Anonymous Reporting Line

Recognition: Dr. Jillian Bornak

In this, our inaugural Recognition section, we would like to acknowledge Dr. Jillian Bornak, Distinguished University Lecturer for the Physics Department in the College of Natural Sciences and Mathematics, for her for invaluable support and advocacy for the disability community at the University of Toledo. The unwavering dedication of Dr. Bornak to inclusivity and accessibility has truly made a significant impact on the lives of individuals with disabilities on our campus. Her commitment to fostering a welcoming and supportive environment for all students, regardless of their abilities, is truly commendable. The tireless efforts of Dr. Bornak in promoting awareness, understanding, and acceptance of individuals with disabilities have not gone unnoticed. Her actions and initiatives reflect her passion for creating a more inclusive campus community, which have helped to break down barriers and promote equality for all. As a tireless advocate, educator, and ally, Dr. Jillian Bornak has undoubtedly made a positive difference in the lives of those within the disability community at The University of Toledo. Her compassion, empathy, and dedication serve as an inspiration to us all.

If you see someone doing the right thing, write to us and tell us about it using The Compass Nomination Form on our website. Who knows, maybe we will feature them in our next The Compass edition.

New NIL Rules Permit Greater Involvement

We are fortunate to have Brian Lutz (Senior Associate Athletics Director for Compliance and Administration) contribute another article to The Compass, this time about the new Name, Image, and Likeness (NIL) rules for student-athletes. See below. Thanks to Brian and Kenny Schank for your leadership!

As the evolution of student-athlete NIL continues on campuses, the NCAA passed a legislative proposal in April that addresses a variety of concerns in this area, including greater institutional support for student-athletes in NIL, the provision of educational resources, a registration process for NIL service providers, and the reporting of NIL activities that exceed an aggregate value of $600.00 and above.

While institutions or third-party service providers may not directly or indirectly compensate student-athletes for NIL, it will be permissible to utilize third-party assistance in developing promotional materials, creating content, and leveraging support services in supporting NIL activities. Use of institutional media resources for NIL activities will also be permissible.

As NIL remains a confusing and complicated activity after almost three years of permissibility, the NCAA will be creating a mechanism through the Teamworks application that will offer educational resources to assist student athletes. This includes the initiation of NIL opportunities, consideration of tax implications and other contractual obligations, protection and advancement of the student-athlete’s brand, and responsible social media engagement.

Third parties may register with the NCAA as a way of “sun-shining” their services and support to student-athletes. These NIL representatives will receive ratings from student-athletes on the quality of their work. While this registration process is not mandatory, it would logically serve the best business interests of marketing agents to publicly list them and (hopefully) grade them positively by their customers on their NIL assistance.

Finally, institutions must report biannually all NIL earned of $600.00 and above per student-athlete. The NCAA will require contracts, proof of NIL activity, and other supporting information for any student-athlete who has received NIL assistance from the institution. 

Student-Athlete NIL: Additional Information

As Brian mentions above, student-athlete NIL is a hot topic in higher education. This section of the newsletter looks at NIL within the context of institutional support, including recently adopted state laws permitting schools to pay student-athletes for NIL, and new NCAA legislation that extends institutional support for these activities.

Below are a couple of recent articles that shed additional light on the topic.

Virginia Law Allows Schools to Pay Student-Athletes (NIL)

Media Center DI Council Approves NIL Reforms

UToledo Title IX Update

We are doubly fortunate this edition to have Brittany Kupresanin (Manager, Tittle IX Compliance, Prevention, and Assessment) serve as a guest author. Brittany shares below the recent success of the Title IX office, including their engagement this past academic year, the grant they recently receive. UToledo is blessed to have such a passionate team in the Title IX office, dedicated to keeping our campus community safe. Read on...

An area of focus for The University of Toledo Title IX Office is to engage the campus community in trainings, educational campaigns, and outreach initiatives that educate the campus community members on the Title IX policy, reporting procedures, and sexual misconduct prevention and intervention. The Title IX Office is proud to have completed more engagement with campus community members in the last academic year than in the two years prior. During the 2023-24 academic year, the Title IX Office will have completed over 180 engagements, making over 5,900 unique touch points with campus community members.

These engagement numbers could not have been possible without the collaboration and commitment of the campus community when choosing to invite the Title IX Office to their events, classrooms, and trainings. The Title IX team hopes to continue building on these collaborations over the next academic year as they train the campus community on the UToledo Title IX Policy and Procedures, currently being updated to comply with the new 2024 Title IX Regulations.

In May, the Title IX Office was awarded $10,000 from the Ohio Department of Higher Education that will be utilized towards developing new sexual violence prevention education programs alongside the Office of Student Engagement with the aim to boost student engagement.

The Expanding Campus Partnerships Grant Program was created to strengthen Ohio’s ability to respond and ultimately prevent sexual assault on college campuses.

Under the direction of Brittany Kupresanin, Manager of Title IX Compliance, Prevention, and Assessment, the University of Toledo's Title IX Office is utilizing the grant funds to develop new sexual misconduct prevention education programming, while collaborating with the Office of Student Engagement who will be creating interactive anti-hazing initiatives under the leadership of Alex Zernechel, Director of Student Engagement and Campus Events. Sexual misconduct prevention education will include interactive educational opportunities to increase student engagement, through a program called Rocket Upstanders composed of two phases.

Phase one involves presentations covering Title IX policies, reporting options, and resources, alongside discussions on sexual misconduct definitions, consent, and healthy relationships. These presentations will be given upon request to classes, student organizations, offices, and events, much like the Title IX Office has done in previous semesters. The presentation will also be given at the New Member Symposium for the social Fraternities and Sororities. Phase two features four new programs: three are presentations on sexual misconduct topics like consent, stalking, and rape culture, incorporating topical crafts during small group discussions, and the fourth focusing on anti-hazing with a gallery-walk event showcasing real stories including a real 9-1-1 call of a hazing incident.

“Through more targeted messaging in Phase two of the Rocket Upstander program and an opportunity to engage in meaningful discussion with peers, students can practice the types of conversations that lead to a community of respect empowering one another to discuss consent and healthy relationships,” says Brittany Kupresanin of the Title IX Office. “We hope that this will lead to a campus climate in which students feel supported when acting against harmful conduct on campus.”

The partnership between the Title IX Office and the Office of Student Engagement is crucial for effective programming on sexual misconduct and hazing prevention. “The Title IX Office appreciates any opportunity to partner with the Office of Student Engagement as they do a great job developing connections with the campus community and drawing out engagement with the student body while supporting the initiatives of offices across campus,” says Kupresanin. Both offices will jointly plan, advertise, and execute the grant-funded violence prevention education programs. “Preventing sexual misconduct and hazing requires ongoing dedication and collaboration” states Vicky Kulicke, Director of Title IX and Compliance & Title IX Coordinator. “Our work does not stop with the implementation of these programs; it evolves. We will remain vigilant in our efforts to educate, support, and encourage students to create a campus environment where everyone can thrive.”

Privacy and Data Ethics

Our personal data has become a hot commodity--traded and sold with little regard for the individuals it represents. The education policy ecosphere was recently atwitter after a data-related incident occurred ostensibly involving the University of Michigan (U-M). This incident has reignited concerns about the ethical use of student data and the responsibilities of academic institutions in safeguarding privacy and data security. Here is how it all unfolded: An engineer at a leading artificial intelligence company received a targeted advertisement that appeared to be from the University of Michigan. The ad made a simple offer of access to an extensive dataset containing student papers and audio recordings of academic lectures--all for the (relatively) low price of $25,000. The backlash was swift, leading one to ask how U-M, a prestigious public university, could sell students' work in such cavalier fashion?

What the UofM Student Data Incident Reveals

Web Accessibility

In April, the Department of Justice (DOJ) announced Attorney General Merrick Garland signed what it described in a press release as a “final rule” under Title II of the Americans with Disabilities Act. The ruling, the agency said, “[ensures] the accessibility of web content and mobile applications for people with disabilities [and] clarifies the obligations of state and local governments to make their websites and mobile applications accessible.” In essence, the decree means state and local governments must comply with standards that make their technologies more accessible to those in the disability community.

Final Rule on Better Web Accessibility for Everyone

Long COVID

Companies use this time of year to take stock of their policies around accommodations for workers with disabilities. Rachel Sweeney, a senior adviser at Paychex, digs into the issues employers need to know.

Revisiting ADA Compliance in 2024

Suit over Law Tying Tenure to Intellectual Diversity

Two Purdue University Fort Wayne professors filed a lawsuit in mid-May seeking to block a new state law that ties tenure at Indiana’s public universities to whether instructors encourage intellectual diversity. Under the statute, university boards can deny faculty members tenure if they do not “foster a culture of free inquiry, free expression, and intellectual diversity.” If tenured faculty members fail to meet these requirements, they can face discipline, including salary reductions, demotions and termination.

Purdue Professors Sue over Indiana Tenure Law (ACLU)

A Curriculum That Prepares Future Leaders

At Woodbury University, students gain critical thinking skills through courses that focus on diversity, social responsibility, and leadership. In a DEI course, students may study a religion other than their own so they can educate themselves about unfamiliar cultures and traditions. To practice social and moral responsibility, students immerse themselves in social issues they care about and devise potential solutions. As they develop leadership skills, students learn to identify their biases, understand their mental models, and practice empathy.

A Curriculum That Prepares Future Leaders

Protests Magnify Student Mental Health Concerns

Ever since the COVID-19 pandemic disrupted the lives of college students across the country, campuses have faced an epidemic of mental health challenges, including loneliness, anxiety and depression. Now, recent data from online counseling platforms show the mental toll has only increased as students try to make sense of the complex conflict in Gaza and the ensuing protests that have divided college campuses.

Protests Magnify Concerns about Student Mental Health

Safety of Minors on Campus

College and university campuses play host to a diverse array of minors, engaging them in academics, enrichment, and athletic programs—with the number of children served in the hundreds of thousands on many campuses. While these activities offer invaluable experiences, they also come with a unique set of health and safety considerations. Over the years, additional, unrecognized risks have been identified. Management of these risks and compliance oversight have become essential in promoting a secure and nurturing environment. The well-being of minors participating in programs sponsored by these institutions of higher education is becoming an obvious priority.

Recognizing Health/Safety Risks with Minors On Campus

 

If you have any suggestions, questions or feedback, please e-mail david.cutri@utoledo.edu, including suggestions for items to include in future newsletters Feel free to forward this email to your colleagues, employees. Back issues of this newsletter are available on the Internal Audit and Compliance website.

Redistribution of this newsletter, with or without modification, is permitted provided University of Toledo Internal Audit Department is listed as the source.