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University of Miami Sued Over Professor PowerPoint Presentation

University of Miami Sued
BYU professor giving a PowerPoint presentation in class.
Photo by Nate Edwards

To say that university professors regularly give presentations at conferences would be an understatement. It's an indispensable part of what they do. But when Dr. Kysha Harriell, Clinical Assistant Professor and Program Director of Athletic Training at the University of Miami, gave a PowerPoint presentation at a 2017 conference organized by the Southeast Athletic Trainers' Association (SEATA), she may have landed herself, her employer and the conference organizers in legal hot water.

On April 16, 2018, Dr. Josepha Campinha-Bacote sued Dr. Harriell, the University of Miami, and SEATA, over Dr. Harriell's PowerPoint presentation which was allegedly published online. According to her complaint, Dr. Campinha-Bacote developed a mnemonic model of cultural competence entitled “Cultural Competency in Healthcare Delivery: Have I ‘ASKED’ Myself the Right Questions?”, which she registered with the U.S. Copyright Office in 2003. Dr. Campinha-Bacote alleges that the defendants published her copyrighted model without her permission in an online PowerPoint presentation entitled Cultural Competency in Athletic Training, which she discovered in March 2018.

The complaint alleges that the presentation was published on SEATA's website, although it does not appear to be available there currently. The complaint further alleges that, "Defendant Harriell published [the ASKED model] in her official capacities on the above listed website." While Dr. Harriell is employed as a professor at the University of Miami, the complaint does not accuse the University of any specific acts of wrongdoing. Even so, Dr. Campinha-Bacote is seeking an injunction, statutory damages, and attorneys' fees from all defendants, including the University.