[Vpaaetal] FW: Expert Witness Testimony

[vpaaetal@TAMU-Commerce.edu]

> TO:		All Faculty, Administrators and Professional Staff
> 
> FROM:	Joyce A. Scott, Provost
> 
> RE:		Report on Faculty/Staff Consulting and Expert Witness
> Testimony in Civil Lawsuits Involving the State of Texas
> 
> 	We have received a call from the Texas Coordinating Board and the
> A&M System Office to submit the annual required reports on faculty/staff
> involvement in civil lawsuits involving the State of Texas.  Criminal
> cases are exempt from this requirement.  All data will be reported in the
> aggregate, and no individual faculty/staff will be identified.  Reports
> are due to the Provost on September 3, after which they will be compiled
> and submitted to the A&M System.
> 
> Coordinating Board rules found at 19 Texas Administrative Code §5.12
> require that:
>  "No later than September 30 of each year, the president of an institution
> of higher education shall file a written report with the Coordinating
> Board regarding members of the faculty or professional staff who received
> compensation for serving as consulting or testifying expert witnesses
> during the prior fiscal year in lawsuits in which the state is a party."
> 
> Please complete and return the form located at:
> 
> http://sago.tamu.edu/legal/Expert%20witness%20report%20form%202003%202003.
> doc
> <http://sago.tamu.edu/legal/Expert%20witness%20report%20form%202003%202003
> .doc> 
> 
> 
> Please submit to the Provost by September 3, 2004.  Thank you for your
> cooperation in responding to this requirement.  Should you have any
> questions, the Q&A below may be helpful. 
> 	 
> 	
> --------------------------------------------------------------------------
> --------------------------------------------------------------------------
> --------------------------------------------------------------------------
> -------------
> 	 					Questions and Answers:
> Annual Report of Expert Witness Activities of Faculty
> 	1. Why is this information being requested?
> 	    The Legislature enacted a law in 1999 requiring that this
> information be collected and reported to the Governor and both houses of
> the Legislature. The law is Section 61.0815
> <http://sago.tamu.edu/legal/Ethics.htm> , Texas Education Code.
> 	2. Who is responsible for making the report?
> 	    Ultimately, the Texas Higher Education Coordinating Board, the
> Attorney General, and the Presidents of the institutions are all
> responsible for reporting this information. However, the reports are to be
> based on information that is provided by the employees who are covered by
> the law.
> 	3. Which employees are covered by the law?
> 	    Those persons who meet ALL of the following criteria:
> 	(1) full-time, non-classified employee 
> 	(2) member of the faculty or staff 
> 	(3) duties include teaching, research, administration or performing
> professional services, including professional library services 
> 	(4) received compensation for service as an expert or consulting
> witness in a lawsuit 
> 	(5) the State of Texas (including state agencies) was one of the
> parties in the case, and 
> 	(6) the compensation was for services rendered during the latest
> fiscal year (September 1, 2003 through August 31, 2004). 
> 	4. What is the difference between a "fact" witness and an "expert"
> or "consultant" witness?
> 	    A fact witness is one who testifies from his or her own
> knowledge of the facts that are the basis of the lawsuit. For example, a
> witness to an accident who testifies about what he saw is a fact witness.
> An expert in crash reconstruction who is retained by one of the parties to
> study the crash and give an opinion is a consulting witness. If the expert
> testifies in a deposition or at trial, he is an expert witness. Fact
> witnesses do NOT file this report. Only expert and consultant witness
> services are covered by the law.
> 	5. What about other lawsuits (where there is no State agency being
> sued)?
> 	    If the State of Texas or a state agency is not a party in the
> case, the case should NOT be reported.
> 	6. What are the deadlines?
> 	    The law requires the Coordinating Board to file its report with
> the Governor and the Legislature by November 1st. In order to allow time
> to compile the information into the report, the Coordinating Board  has
> set September 30th as the deadline for the institutions to file reports
> with the board. The A&M System will be filing a consolidated report
> including all of the data from its members, and in order to meet the CB's
> deadline, the reports must be filed with the Vice Chancellor by September
> 15th at the latest.
> 	7. Which office is in charge of filing the information with the
> Coordinating Board?
> 	    The Vice Chancellor for Academic and Student Affairs will be
> responsible for the report to the Coordinating Board. CEO's should compile
> information provided by faculty and affected staff members and forward the
> information to the Vice Chancellor's office. 
> 	8. Where did the questions on the reporting form come from?
> 	    All of the questions on the form ask for information that is
> required by the law.
> 	9. What if an employee who must file the report does not know the
> requested information or is bound by contract not to reveal it?
> 	    Although there is no specific provision in the law that deals
> with this situation, it is our opinion that an employee may respond that
> he or she does not possess the requested information or is bound by
> contract not to reveal it.
> 	10. Will the Coordinating Board's report identify the employees by
> name?
> 	    The law requires that the report to be filed by the Coordinating
> Board must not identify specific individuals.
> 
> 
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