Laws and Regulations

Laws and Regulations header

UC Berkeley must adhere to a myriad of laws and regulations.  Below is a listing of federal laws and regulations, indicating which unit on campus has primary compliance responsibility.

Title I of the ADA prohibits employment discrimination against a qualified individual with a disability. The law requires that reasonable accommodations be made to allow the employee to perform the essential functions of the job, or to assist the employee in the application process if necessary.

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Prohibits employment discrimination based on age with respect to persons who are at least 40 years of age. 

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These laws must be complied with when non-U.S. persons or foreign nationals are granted access to regulated products or technology by a company or institution of higher education in the United States. Under the "deemed export" rule, allowing non-U.S. persons or foreign nationals access to the product or technology may trigger the requirement to apply for a license prior to that access. 

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Prohibits discrimination on the basis of age (minimum or maximum) at private institutions that receive federal financial assistance. 

This law governs the treatment of animals used for research: dogs, cats, monkeys, guinea pigs, hamsters, and other warm blooded animals.

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This Act is the fundamental U.S. law on both the civilian and the military uses of nuclear materials. This law regulates the use of radionuclides. Any institution that uses radionuclides for research, teaching, or medical applications is subject to the law.

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Under this law, all colleges and universities that possess select agents, which are certain biological agents and toxins need to register with the Secretary of the U.S. Department of Health and Human Services. 
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The sexual assault provisions of the Campus Security Act require each institution of higher education to distribute as part of the Campus Security Report, a statement regarding the campus sexual assault prevention programs….. 

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Deals with the clean-up of hazardous waste sites. The generator, transporter, and owner are all jointly and severally liable for the clean-up costs. The strict liability policies of CERCLA and SARA make it important for universities to have an environmental assessment done before taking title to property either by purchase or by gift.

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Colleges and universities receiving federal funding are required to make certain certifications. The applicant for federal funding must certify, among other things, that neither it nor its principals have been debarred or suspended from participating in any federal program, and that they have not been convicted of or had civil judgments entered against them for fraud or certain other offenses. 

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Title VI prohibits discrimination on the basis of race, color or national origin under any program or activity receiving federal financial assistance. Sexual harassment is also prohibited under this law as are all forms of harassment based on membership in a protected class.

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Regulates emissions into the air. 

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Prohibits the discharge of pollutants into navigable waters and also regulates discharge into storm sewers. Also regulates wetlands. Government contractors must certify in compliance. Facilities are governed by local wastewater pretreatment standards issued by local Wastewater Treatment Plants. Groundwater is also protected, so underground storage tanks need to be removed or upgraded.

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The Campus Security Act requires colleges to report campus crime statistics and security measures to all students and employees by October 1 of each year. 

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This law requires covered employers (20 or more employees) offering group health plans to provide employees and certain family members the opportunity to continue health coverage under the group health plan in a number of instances when coverage would otherwise have lapsed. The employee or qualified beneficiary may be charged 102% of the applicable premium for this benefit.

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Sets forth the confidentiality requirements for patient records in connection with substance abuse treatment programs. 

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All schools receiving federal funding must hold an educational program on the U.S. Constitution September 17th of every year. September 17th is the anniversary of the signing of the Constitution. Per the Chronicle of Higher Education article on December 3rd, 2004 a spokesman for Senator Byrd said the measure would apply to all public and private institutions, including colleges, that receive federal money. 

This law brings together a number of laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances. All substances are placed in one of five schedules, based on medicinal value, harmfulness, and potential for abuse or addiction, with Schedule 1 reserved for the most dangerous drugs that have no recognized medical use.

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Rate of pay requirements for employees working under federal construction contracts over $2,000. The Act requires contractors to pay their employees a specified minimum wage determined by the Secretary of Labor to be prevailing for similar work in that geographic area.

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Institutions designated as federal depositories under this law must make government publications available for the free use of the general public. 

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This law required DHS to establish risk-based performance standards for security of chemical facilities. An Interim Final Rule was published on April 9, 2007. The rule requires covered chemical facilities to prepare Security Vulnerability Assessments (SVAs) that identify facility security vulnerabilities.

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The Digital Millennium Copyright Act (DMCA) makes major changes to copyright law, and attempts to address copyright in the digitally networked environment. 

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This law requires institutions receiving federal financial assistance to establish drug and alcohol abuse prevention programs for students and employees. Students and employees must receive materials annually that contain standards of conduct, a description of the various laws that apply in that jurisdiction regarding alcohol and drugs, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement on the sanctions the university will impose for a violation of the standards of conduct.

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Requires institutions that receive grants and certain contracts from any federal agency to certify that it will provide a drug-free work place 

 the below listed Federal Rules of Civil Procedure were amended to clarify the process of retrieving, saving and producing electronically stored information in anticipation of and during litigation. A. Goldblatt comment 8-1-12: These rules indeed apply to us! However, it is important to note that they apply only when a lawsuit is filed or is reasonably anticipated (the latter a subjective call). In all other circumstances, the data may be retained in accordance with the University’s document retention schedule.

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