Ohio Administrative Code › Title 3359 - University of Akron › Chapter 3359-7 - Offices of Vice President and General Counsel, Records Compliance and University Inernal Audit › Section 3359-7-01 - Office of the vice president and general counsel

Current through all regulations passed and filed through July 1, 2024
(A) Vice president and general counsel.
(1) Pursuant to sections
			 109.02 and
			 3345.15 of the Revised Code, the
			 attorney general is the chief legal officer for the university of Akron and the
			 legal representation of the university remains within the direction and control
			 of the attorney general pursuant to agreement between the attorney general and
			 the board of trustees of the university. The attorney general has ultimate
			 responsibility for rendering legal services to the university and for the
			 selection of counsel to provide representation for the university. The vice
			 president and general counsel shall be appointed by the board of trustees
			 or the board of trustees' designee(s) subject to
			 the prior approval of the attorney general.
The vice president and general counsel shall hold office at the
				discretion of both the attorney general and the university board of trustees.
				Either the attorney general or the board of trustees may request the person in
				this position to cease serving in this position, and the person shall thereupon
				cease to serve. The associate vice president and deputy general counsel, and
				other associates or assistants thereto shall be appointed by the board with the
				prior written approval of the attorney general upon recommendation of the vice
				president and general counsel, and shall hold office at the discretion of both
				the attorney general and the board of trustees. Either the attorney general or
				the board of trustees may request the persons in these positions to cease
				serving in such positions, and the persons shall thereupon cease to
				serve.
The vice president and general counsel shall report directly to
				the president and shall work in close cooperation and coordination with the
				president, president's cabinet, and other university officers and
				administrators. The vice president and general counsel and associate vice
				president and general counsel, and other associates and assistant general
				counsels shall be appointed as assistant attorneys general. It is specifically
				understood that the nature of legal services are of such a personal and
				fiduciary nature that the attorney general is the sole judge of the adequacy of
				the legal services rendered pursuant to all appointments of attorneys as
				assistant attorneys general. All rights and conditions of employment pertaining
				to unclassified  professional
				staff university employees shall apply to
				attorneys appointed assistant attorneys general except as provided otherwise in
				this rule.
Notwithstanding the direct reporting relation between the vice
				president and general counsel to the president, it shall be the duty and
				responsibility of the vice president and general counsel to coordinate with and
				keep the senior vice president and provost informed in advance on all matters,
				initiatives, or decisions within their area of responsibility that involve
				academic matters, or that have a reasonable expectation of involving or
				affecting the academic programs, activities, or directions of the
				university.
(2) The vice
			 president and general counsel shall serve as the chief legal advisor to the
			 president, board of trustees, and university officers and administrators; and,
			 shall be responsible to the president and the board for the direction and
			 supervision of all legal matters of the university, including the provision of
			 legal counsel, advice, and services in all matters pertaining to the practice
			 of law on behalf of the university of Akron. The vice president and general
			 counsel shall be assisted by the associate vice presidents and deputy general
			 counsel and such associates and assistants as approved by the board of trustees
			 and the attorney general. All attorneys practicing law on behalf of the
			 university shall report to the vice president and general counsel. No attorney
			 employed by the university of Akron shall be authorized to practice law on
			 behalf of the university of Akron except those appointed assistant attorneys
			 general and reporting to the general counsel.
(3) Specific duties of the vice president and
			 general counsel shall include responsibility for management of the office of
			 general counsel and supervision of the legal staff, and directing and
			 monitoring within the university, all legal matters on behalf of the university
			 of Akron, including for example:
(a)
			 Litigation matters, such as representing or overseeing the representation of
			 the institution, and when appropriate, its officers, administration and
			 employees in judicial and administrative proceedings, and in negotiations with
			 other state or federal entities;
(b) Review, advise, and assist with legal
			 documents, contracts, policies, procedures, practices, actions, or any matter
			 having legal significance to the management and operation of the university of
			 Akron, and including but not limited to providing legal counsel and guidance to
			 institutional officers and upper management on all legal matters relevant to a
			 large public institution, such as employment law, and polices, procedures,
			 rules and regulations pertaining to students;
(c) Legal review of judicial decisions,
			 legislative or governmental regulatory developments, and recommended compliance
			 procedures or strategies;
(d)
			 Review, advise, and assist with property acquisitions, leases, labor relations,
			 and personnel matters, insurance matters, intellectual property issues,
			 including patent, trademark, and copyright matters;
(e) Advise and assist with compliance reviews
			 by governmental agencies, higher education regulatory agencies and internal
			 compliance and management audits;
(f) Assist the president and other
			 administrative officers to identify and implement programs and strategies that
			 will provide comprehensive and preventative legal guidance to the university of
			 Akron, including anticipation of legal issues and development of legal
			 strategies and solutions in situations involving political, public relations,
			 or financial risk or significance to the institution, its governing authority
			 or management;
(g) Obtain
			 authorization from the attorney general when required by law for the settlement
			 of claims or lawsuits; and obtain authorization from the attorney general prior
			 to the commencement of any legal action;
(h) Maintains professional growth and
			 development through professional affiliations, seminars and workshops to keep
			 abreast of current developments in college and university law and related
			 areas;
(i) Provides training and
			 education to the campus community on various legal issues through meetings,
			 memorandums, and the general provision of legal advice and counsel.
(4) The vice president and general
			 counsel shall be responsible for the safekeeping of all deeds, leases,
			 mortgages, contracts, and like papers or instruments of value except for those
			 instruments required to be kept by another institutional officer. The vice
			 president and general counsel shall, on behalf of the university, be authorized
			 to execute all contracts and legal documents, including without limitation,
			 settlement documents approved by the attorney general of Ohio, routine
			 settlements and releases pertaining to litigation or threatened litigation,
			 including worker's compensation and unemployment compensation matters,
			 collection matters, labor contracts, intellectual property documents, bond
			 documents and supporting opinions, etc.
(5) The vice president and general counsel,
			 associate vice president and deputy general counsel, and associates or
			 assistants thereto shall maintain the professional qualifications for
			 appointment as assistant attorneys general of the state of Ohio, including
			 compliance with the Ohio supreme court rules for the government of the bar and
			 the Ohio code of professional responsibility; and shall provide general legal
			 counsel and advice in accord with the professional standards established by the
			 Ohio attorney general, and American bar association to the extent such are not
			 in conflict with the state of Ohio supreme court code of professional
			 responsibility or rules for the government of the bar. Any attorneys employed
			 by the university to practice law on behalf of the university must have their
			 appointments approved in advance by the attorney general, and the attorney
			 general shall appoint such attorneys as assistants attorneys general, with
			 appropriate limitations or conditions of appointment as may be deemed necessary
			 by either the attorney general or the vice president and general
			 counsel.
(6) The vice president and
			 general counsel shall coordinate the provision of legal counsel, advice, and
			 services for the university of Akron with the Ohio attorney general, special
			 counsel appointed by the Ohio attorney general, and provide appropriate liaison
			 with the bench, bar, and law enforcement authorities. The vice president and
			 general counsel shall work closely with the chief of the education section
			 within the office of the Ohio attorney general and shall keep the chief of the
			 section informed of all significant pending legal matters involving the
			 university. The vice president and general counsel shall serve as liaison with
			 the office of the Ohio inspector general. The vice president and general
			 counsel shall serve as the liaison person regarding legal matters with
			 affiliated organizations, such as the university of Akron foundation.
(7) As legal counsel to the board of
			 trustees, the vice president and general counsel shall report to the chairman
			 of the board and shall provide reports to the board of trustees as required by
			 the board, and shall:
(a) Attend and provide
			 legal counsel at meetings of the board and its committees;
(b) Assist in preparation of agendas for
			 board meetings, review documents presented to the board which may have legal
			 implications, and review all minutes of board meetings prior to their
			 submission for adoption;
(c)
			 Provide litigation and transactional legal risk analysis to the board and its
			 committees;
(d) Conduct inquiries
			 and provide such other services as directed by the board, committees of the
			 board, chairman or officers of the board;
(e) Work closely with the president to ensure
			 good board and campus relations and flow of information;
(f) Maintain total confidentiality in regard
			 to all board business and materials, as required by the code of professional
			 responsibility;
(g) When appointed
			 as secretary or assistant secretary of the board of trustees, administer those
			 functions and duties prescribed for the secretary or assistant secretary of the
			 board of trustees as outlined in the bylaws of the board.