Ohio Administrative Code
Title 3364 - University of Toledo
Chapter 3364-10 - Reporting and processing job injuries; legal counsel
Section 3364-10-13 - Use of legal counsel

(a) As set forth in section 3345.15 of the Revised Code, the office of the Ohio attorney general represents the university and provides legal advice in all matters relating to the university's powers and duties.

(b) The attorney general will make all decisions regarding legal affairs along with the vice president and general counsel through the office of legal affairs, including but not limited to use of legal counsel and expenses related to such use, direction and management of litigation and approvals of settlements affecting the university.

(c) No legal action may be initiated by the university or any individual on behalf of the university without the approval of the Ohio attorney general and the office of legal affairs.

(d) Matters regarding the providing of a legal defense or immunity from personal liability for a university employee are governed by the Revised Code as determined by the Ohio attorney general.

(e) Settlements may also require the approval of the board of trustees, the president of the university or other university administrators.

(a) Only Ohio licensed attorneys appointed by the Ohio attorney general as assistant attorney generals may represent or provide legal advice to the university.

(b) University employees representing the university in a legal capacity must have such designation as an assistant attorney general in order to provide legal advice to the university. A license as an attorney under state law is not sufficient and without more, does not authorize any individual to represent or provide legal advice to the university. Any purported legal advice rendered by a person without this designation from the attorney general does not protect the university or individual seeking advice and may not be protected by the attorney- client privilege.

(c) University employees seeking legal advice related to university business or affairs must first discuss the matter with the provost, vice president or delegate as appropriate. Should issues or legal questions continue after such discussion, the provost, vice president or delegate as appropriate should contact the office of legal affairs for assistance. Legal matters requiring immediate attention, however, should be directed to the office of legal affairs for action with notification to the provost, vice president or delegate as necessary. The provost, vice president or delegate requiring regular interaction and advice, can also request document review by the office of legal affairs.

(a) Only licensed attorneys appointed by the Ohio attorney general and approved by the office of legal affairs for a specific task ("Special or outside counsel") may represent the university in any matter not handled by an assistant attorney general.

(b) Special or outside counsel may not be engaged or contacted except as authorized by the Ohio attorney general and the office of legal affairs. Incurring legal costs without prior approval by the attorney general and office of legal affairs is a violation of university policy and may subject an employee to personal responsibility for such costs.