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Faculty Affairs > Legal Matters

Legal matters

Memorial University’s Office of Senior Legal Counsel was established in 2007 and the Faculty of Medicine has been collaboratively working with the office ever since. This would involve not just contracts, MOUs etc., but also providing interpretations of provincial legislation as it affects the Faculty of Medicine, assisting in matters of conflict of interest, respectful workplace, employee discipline and generally serving as an information provider on any outstanding legal matters affecting the Faculty of Medicine.

Personal Health Information Act (PHIA)

The Faculty of Medicine was named as a custodian of personal health information under the Personal Health Information Act (PHIA). Therefore all faculty and staff are required to complete the online PHIA training module together with the Memorial University Oath/Affirmation. To complete the training, follow the steps below:
  1. Go to the PHIA Online Education Program
  2. Choose the Sign up button to create a username and password. 
  3. Complete the "direct contact with health information (non-custodian)" training
  4. After finishing the training, print the certificate. 
  5. Print and complete the Oath/Affirmation of Confidentiality and bring it to one of the Commissioner of Oaths in the Dean's Office. 
Access to Information and Privacy Protection

The Access to Information and Privacy Protection Act (ATIPPA) is a Newfoundland and Labrador law that governs provincial public sector organizations such as Memorial University. ATIPPA applies to records in the custody and control of the University and regulates the right of access to records as well as protects privacy by placing limits on collection, use and disclosure of personal information. Personal information is defined as “information about an identifiable individual” for example a person's name, age, health or financial information.
Examples of how ATIPPA relates to academic duties of faculty members:

  • Posting of grade lists
  • Distribution of marked exams, lab reports and essays to students
  • Access to student information
Refer to the Frequently Asked Questions section of the IAPP Office for more information. 

In the Faculty of Medicine, the Administrative Services administer the Access to Information and Privacy Protection (ATIPP) Act in conjunction with the Information Access and Privacy Protection (IAPP) office of Memorial University. Faculty members should refer to the IAPP office website or contact the University Privacy Officer with questions related to ATIPPA. 

Conflict of Interest

Memorial University holds itself to the highest ethical standard and recognizes that accountability and transparency are essential for its operation. The University's position on real, perceived or potential conflicts of interest is described in the Conflict of Interest Policy of Memorial University. Faculty members should familiarize themselves with the above policy. 
Occasionally, the best interests of the University and the personal interests of its Members may conflict, or may be perceived to conflict. Examples include:
  • Potential nepotism in faculty/staff/student employee recruitment,
  • Memorial employees benefiting financially from knowledge gained through their employment,
  • Pharmaceutical and other industry-related corporations providing funding or other types of benefits to employees with the indirect expectation that these companies will benefit financially from their actions. 
The appropriate conduct regarding conflicts of interest is outlined in the Procedure for Disclosing and Assessing Conflicts of Interest.  
The Conflict of Interest Committee of Memorial University 
assesses conflict of interest disclosures, determines whether the conflict can be managed or must be disallowed and where applicable develops plans for managing conflict of interest. This committee has been established under the authority of the Vice Presidents’ Council.

Copyright

All copying at Memorial University (paper, digital or otherwise) must be permitted by the relevant
license or covered under the education exceptions or fair dealing provisions found in the
Copyright Act. It is the responsibility of faculty members to avoid copyright infringement. General information about copyright on campus and the Canadian Copyright Act can be found on the copyright FAQ page.


Memorial University has adopted the “Fair Dealing Policy for Universities” in the Fair Dealing Requirements document. This is in addition to Memorial’s Use of Copyright Materials policy which outlines Memorial University’s position on the use of copyright material by members of the institution. 

For questions about copyright, contact Memorial's
Copyright Office or the Health Sciences Library copyright liaison Michelle Swab

Respectful Workplace and Learning Environment

Memorial University and the Faculty of Medicine are 
dedicated to providing a respectful environment free of intimidation and harrassment for all faculty members, students and staff. 

To sustain a respectful learning environment in Undergraduate Medical Education and Postgraduate Medical Education, the Faculty of Medicine has developed the Respectful Learning Environment for Medical Education policy. Faculty members should refer to the Student Professionalism and Mistreatment section of this handbook for more information.  

Workplace concerns between Memorial University employees are covered under Memorial University's Respectful Workplace policy. Refer to the Respectful Workplace section of this handbook for more information.
Last Updated 2016-06-24 10:59:23 AM
Disclaimer: This handbook is in review.  Many sections are under development and final implementation is subject to the approval of the Office of Faculty Relations.