Please visit the FAU Compliance Office for questions relating to University compliance. 

 

Contracts

Pursuant to FAU Policy 11.1, a “Contract” is an agreement between two or more persons or entities that creates an obligation to do or not to do a particular thing. A contract does not necessarily require the payment of money or other compensation to create an obligation. A contract also includes a “click-through” agreement on a third-party website (in which you may click "Accept" or some other method of electronically agreeing to the other party's terms), a memorandum of understanding, and other legally-binding obligations, regardless of their title or format. 

Common contracts the University regularly enters into includes, but are not limited to: affiliation agreements, service agreements, research agreements, collaboration agreements with other universities and educational entities, software license agreements, material transfer agreements, lease agreements, hotel/conference room rental agreements, exchange agreements, and consulting agreements.  Please go to the Forms & Templates section of this website to view standard University templates to use as necessary.

All contracts for purchases must be submitted to and approved by FAU's Office of Procurement to ensure that the purchase meets all requirements, including those set forth in FAU Regulation 6.008 and the Board of Governor's Regulation 18.001.  

Additionally,  pursuant to FAU Policy 11.1, as well as FAU Regulation 6.002, all contracts must be submitted to this Office for review and approval as to form and legality prior to execution by an authorized University official. Sufficient time must be allowed for this Office and for the authorized signing authorities to review and review and process all contracts so that proper legal review and document execution can be accomplished prior to the commencement of contemplated activities and expiration of deadlines.

Contract documents should be legible and must be read by the individual who submits them to ensure that their content accurately reflects the agreed upon operational/business terms. Submitting editable electronic versions of the documents, as well as copies of prior contracts with the same vendor (if any exist) will serve to expedite the review and negotiation process and should be submitted in conjunction whenever possible.  Some contracts, such as software agreements, must also be reviewed and approved by other offices, such as the University's Office of Information Technology (OIT).  Please obtain such approvals prior to submission to this Office whenever possible. 

The agreement should only be signed by an appropriate University signatory.  Please see FAU Policy 11.1, or the Signatures page of this website, to determine the appropriate University signatory. Further pursuant to FAU Policy 11.1, FAU officers, employees, volunteers, affiliates, students, or other persons who do not have signature authority and who sign contracts or other documents of agreement or commitment that purport to bind FAU may be held personally responsible.

 

Ethics

Florida law requires University employees to behave in an ethical manner in accordance with the Code of Ethics. Please visit the FAU Compliance Office for more information.

 

FAU's Establishment & Legal Authority

The Florida Constitution, Article IX, Section 7, established the State University System. Florida Atlantic University was established under Florida Statute 1000.21(6)(e).  Pursuant to  Florida Statute 1001.72, the University is a public body corporate, operating under the full legal name of “The Florida Atlantic University Board of Trustees.” The University is a public instrumentality with all the powers of a body corporate. The Florida Atlantic University Board of Trustees constitutes the contracting agent of the University, pursuant to Florida Statute 1001.72(3).  In all suits against a board of trustees, service of process shall be made on the chair of the board of trustees or, in the absence of the chair, on the corporate secretary or designee David Kian, General Counsel.  

 

FERPA

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a Federal Law that protects the privacy of student education records. As such, the release of education records to parents or third parties is generally prohibited without the student's consent to release, unless otherwise permitted by FERPA. The University may generally disclose what is known as the “directory information” of a student without violating FERPA. The directory information designated by the University is set forth in FAU Regulation 4.008. Students who do not wish to allow the release of their Directory Information must complete the FERPA Request for Non-Release of Directory Information Form.  Please visit the FAU Registrar for more information, specifically including their FERPA and Understanding FERPA pages. You can also review the FERPA and Campus Safety Legal Update for information on FERPA at the University.

 

Free Speech

Please see the University's Handbook of Free Speech Issues.

 

Gambling

The rules around gambling  (including, but not limited to, raffles, drawings, auctions, games of chance, office pools, poker, and bingo) are outlined in the Florida Statutes. Please contact this Office for any questions on gambling at the University. Additionally, please view the FAU Foundation Policy 14 on Raffles.

 

Immigration

Please visit FAU’s Immigration Services & Compliance Office for immigration information relating to faculty and staff, or visit FAU’s International Student Services Office for immigration information relating to international students.  If you are an Authorized User, you may access the Fragomen Immigration Portal: FAU Immigration Homepage.

Please see FAU’s Policies on Sponsorship for Employment-Based Immigrant Visa and on Sponsorship of Foreign Personnel for Non-Immigrant Visas.

 

Lobbying

Please see FAU Policy 1.3.

 

Music and Copyright

Please view the following resources for more information: 

• American Counsel on Education: Use of Copyrighted Music on College and University Campuses 
• American Counsel on Education: At a Glance: Music & Copyrights on Campus 

 

Outside Counsel

Only the University's Office of the General Counsel may retain legal counsel. If you have a legal question, please contact this Office for assistance.

 

Public Records

Florida has extensive Public Records Laws. Please visit FAU’s Media Relations to view the FAQ on Public Records. Additionally, you can also view the Government-In-The-Sunshine Manual for an extensive guide on Florida’s Public Records Law. 

If you, as a university employee, have received a request for public records, please acknowledge the request and submit it to publicrecords@fau.edu for assistance with handling. If you have any information responsive to the request, please include those documents with your communication.  

To request a public record from the University,  please contact FAU's Public Records Custodian, or you can submit your request here. 

Additionally, please see the below Public Records Notice pursuant to Section 119.12, Florida Statutes: 

THE UNIVERSITY'S CUSTODIAN OF PUBLIC RECORDS CAN BE REACHED AT 561.297.2452, publicrecords@fau.edu, DIVISION OF PUBLIC AFFAIRS, FLORIDA ATLANTIC UNIVERSITY, 777 GLADES ROAD, ADM, BOCA RATON, FL 33431.

 

Records Management

Please visit the Controller’s Office Records Management for more information.  Additionally, please visit the Florida Department of State, Division of Library and Information Services for General Records Retention Schedules.

 

Risk Management & Insurance

FAU’s Risk Management Office, a unit of FAU’s Department of Health & Safety, is responsible for handling matters related to the State Risk Management Trust Fund per Section 1001.72 and Chapter 284 of the Florida Statutes. This includes Fleet Automobile Liability, State Employee Workers’ Compensation and Employer’s Liability, General Liability, Property Insurance, Federal Civil Rights Liability and Employment Discrimination, amongst others.  Please contact Risk Management with any questions related to these topics. For matters related to the University’s Self-Insurance Program, please visit the Florida Board of Governor’s Site on Self-Insurance Programs.

 

Subpoenas

The Office of the General Counsel oversees all matters related to subpoenas, warrants and garnishments served on the University.  All legal process should only be served upon the Office of the General Counsel. If someone arrives at your office and asks you to accept legal papers on the University’s behalf, please decline to accept, direct the person to this Office, and contact this Office right away.

 

Sunshine Law

Florida has extensive open meetings requirements.  Please view the Sunshine Laws FAQ on the Florida Office of the Attorney General. Additionally, here is the Florida Open Meetings - Short Guide. Please visit the FAU Compliance Office for more information.