New Brunswick, NJ asked in Uncategorized for New Jersey

Q: Does "presence" only mean physical presence?

Trying to find flexibility with this policy: "One member of the Oversight Committee must be present to supervise the tabulation." I am trying to see if "presence" can be interpreted as meaning digital presence / video conferencing. This is for a Rutgers University policy

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New Jersey

A: It could possibly be interpreted as you describe, but if a job hinges on the interpretation, it might not be good to push the issue. Unfortunately, there is no universal legal definition for all contexts for the word "presence." Forty years ago, it would have been fairly clear and unambiguous for the most part, where presence would mean a warm body at a meeting table. Today, because of telecommuting, videoconferencing, and other forms of being "present" through technology, the definition has become hazier. Good luck

Tim Akpinar

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