Current through all regulations passed and filed through September 16, 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.
(B) Associate vice president and
deputy general counsel.
With prior approval and at the direction of or during any
absence by the vice president and general counsel, the associate vice president
and deputy general counsel shall fulfill the duties of the vice president and
general counsel.
(C)
Assistant and associate general counsel.
The vice president and general counsel and the associate vice
president and deputy general counsel shall be assisted by such assistant or
associate general counsel as shall be appointed by the board, and each shall
hold office at the discretion of the board, and shall be under the supervision
and direction of the vice president and general counsel.
(D) Amendments.
This rule shall not be altered, amended, repealed or otherwise
modified without the concurrence of the then current Ohio attorney
general.
