University Counsel

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Opinions 2016

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Opinion of External Counsel

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The Office of University Counsel received your request for guidance on certain questions from the Staff Advisory Council and has asked that I render clarification on the questions. The questions are: (1) whether a staff member has the right to see his or her personnel record that is kept on file in Human Resources upon request, (2) whether a staff member has the right to see his or her departmental personnel record upon request, and (3) who should have access to such departmental files.

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Opinion No. 2016-03

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The Office of University Counsel received your request for a formal opinion concerning the injunction issued by a Texas federal judge as to the new FLSA overtime regulations, "The Final Rule," originally set to take effect December 1, 2016. You inquire as to whether Coastal Carolina University is effected by this injunction, and if so, whether to proceed in implementing the FLSA requirements the Department of Labor has mandated.

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Opinion No. 2016-02

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The Office of University Counsel received your request for a formal opinion concerning the proposal of drafting a policy allowing for the drug testing of employees. You inquire as to whether Coastal Carolina University is authorized to adopt such a policy without being in violation of state or federal laws, and whether there are certain parameters in place to regulate the use of employee drug testing within a state agency.

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Opinion No. 2016-01

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The Office of University Counsel received your request for a formal opinion concerning a proposed amendment to the University's non-discrimination policy. Per your request, the proposed amendment aims to expand Coastal Carolina University's policy on non-discrimination to specifically include non-discrimination in any University activities based on "sexual orientation," "gender expression," and "gender identity." You inquire as to whether Coastal Carolina University is authorized to adopt such an amendment without being in violation of state or federal laws, and whether Title VIJ applies to sexual orientation, gender expression, and gender identity.