Office of the General Counsel
Frequently Asked Questions (FAQs)
What should I do if a sheriff or process server arrives at my office and asks me to accept legal papers (such as a summons or subpoena) on behalf of the University or someone with whom I work?
You should refuse to accept the papers. Direct the official to OGC and call OGC immediately to alert us.
Who may accept service of process for the University?
An attorney at OGC may accept service, properly made, on behalf of the University. Employees of the University who are sued in their individual capacities typically must be personally served. OGC attorneys ordinarily do not accept service on behalf of individuals in that context.
What should I do if an FBI agent arrives at my office and requests information (other than health information) as part of the background check of a prospective government employee?
- Politely ask to examine the agent’s credentials. Satisfy yourself that they are genuine. (You may wish to have the assistance of a co-worker.) Write down the agent’s name and phone number, or copy his or her badge or card.
- Examine and copy the forms the agent should present. The form should indicate that the person about whom the background check is being conducted consents to Frostburg State University’s production of documents to the agent, or to an interview. Make sure the consent form clearly identifies the individual, has been recently signed, and otherwise appears to be genuine.
- If all seems to be in order, you may answer the agent’s questions and provide the agent copies of the requested documents (usually a transcript, work history, etc.). Make a note of the documents that you have provided the agent. If the agent does not have a signed consent form, has requested health information, or is seeking information for any purpose other than a background check, please direct the agent to OGC and call OGC to alert us.
What should I do if I receive a subpoena or correspondence from a lawyer asserting a claim against me (in my work capacity), my department, or the University?
If you receive a subpoena or letter from a lawyer asserting a claim or threatening suit with respect to you in your work capacity, your Department or unit, or the University, please forward it immediately by email pdf to OGC, with your name and contact information, and call OGC to provide background information.
Whom at the OGC should I contact if I need legal help?
SU faculty and staff should feel free to contact the attorney in OGC for help with a question. The OGC Administrative Assistant can be reached at our main number.
Can I retain outside counsel for a University matter?
No. Only the Office of the General Counsel may retain outside counsel for matters related to the University.
My department wants to enter into a contractual arrangement, what do we do?
As a general matter, there are five ways for contracts to be processed in the University. An initial determination of the kind of contract involved will determine how you proceed.
- Procurement: University Procurement will process procurement requests including orders for goods and services, hotel special event agreements, blanket purchase orders, procurement of office supplies, furniture and fixtures, office and operating equipment, computer hardware, software and computer supplies, and equipment maintenance contracts. Departments may work directly with Procurement on these arrangements. To the extent legal or risk management review is required this will be coordinated by the office of the General Counsel.
- Sponsored Research: Where a sponsored project is involved, the Office of Research and Sponsored Programs should be contacted. Sponsored projects include research projects funded by governmental units, research funded by third parties, agreements for community services programs, or classroom instruction for government entities where non-standard rates are charged.
- Academic Memoranda of Understanding: The Provost or Vice Provost for Academic Affairs may sign Memoranda of Understanding for cooperative academic arrangements, such as exchange programs and internship placements.
- Other Contracts and Agreements: The Provost or Vice Provost for Academic Affairs may sign Memoranda of Understanding for cooperative academic arrangements, such as exchange programs and internship placements.
- Gifts: Gifts to the University must be processed and approved by the Office of University Advancement, in consultation with the OGC.
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