General Counsel

The office’s legal responsibilities include interpreting state and federal laws, formulating and issuing legal opinions, reviewing and/or drafting legal documents such as contracts, and assisting with the formulation of policies. It strives to provide the highest-quality legal services in a responsible, helpful and timely manner; protect and promote the university’s values and interests (including compliance with its obligations); minimize legal risks and costs; and address and resolve legal disputes.  

Its team collaborates directly with the Board of Trustees, the president, the provost, and university administrators, as well as other designated administrative officers, faculty and staff in their official capacities and to accomplish their institutional objectives. In addition, the office works closely with other campus departments to ensure the university's compliance with laws, policies and procedures, and to foster sound decision-making in all areas of operation, instruction, research and administration.

The General Counsel’s Office provides legal services and opinions related only to official university business. Its staff cannot advise persons who may have a claim against the university or one of its employees, nor can it provide personal legal services to faculty, staff or students. Individuals with such a need should always consult with appropriate outside counsel on legal issues.

The board, president and other designated officials may request legal assistance for institutional issues directly from our office. Other employees, offices, departments and university entities should route their requests through the appropriate administrative reporting line and to the appropriate vice president or provost.

Disclamer: Legal resources on our website provide useful information and direction to accommodate those engaged in official university matters, but should not be interpreted as "legal advice" from the Office of General Counsel. The materials provided on this website are for informational purposes only. Unless otherwise indicated, this information does not change or affect any policy, rule or regulation of Tuskegee University.

Generally, contracts to which Tuskegee University is a party must be reviewed and approved by the Office of General Counsel and External Affairs prior to signing. Signing a contract on behalf of the university may have legal, financial or policy implications for which the university becomes responsible. Read more about the policy implications of entering into a contract on behalf of the university on the Policies and Documents info below.

For specific details regarding the university contract review and approval process — including the step-by-step process — please download and review the university’s Contract Review and Approval Process document. The general steps of this process include:

• Download and complete the Contract Routing Form, and obtain the appropriate hand signatures
• Scan the fully signed Contract Routing Form and include it with all contract documents for review in an email to ExternalGeneralCounsel@tuskegee.edu 
• Receive confirmation of the receipt of the submitted contract documents from a member of the office’s staff within two business days following the office's receipt of that submission
• Receive notification of the decision to execute from a member of the office's staff; please allow no less than 10 business days following the date of email submission for the office's determination. See Section 3.2 of the “Contract Review and Approval Process” for additional guidance.
• Be advised that contracts are reviewed in the order in which they are received.

Please note that the legal review of contracts by the Office of the General Counsel determines only the legal validity of a contract, as opposed to whether the contract is appropriate and advisable from a business and/or administrative perspective. Such determination is the responsibility of the university unit initiating the contract.

Disclaimer

Legal resources on our website provide useful information and direction to accommodate those engaged in official university matters, but should not be interpreted as "legal advice" from the Office of General Counsel. The materials provided on this website are for informational purposes only. Unless otherwise indicated, this information does not change or affect any policy, rule or regulation of Tuskegee University.

The information below details specific university policies relating to the Office of the General Counsel and External Affairs, as well as provides sample documents and templates to support those policies.

Generally, contracts to which Tuskegee University is a party must be reviewed and approved by the Office of General Counsel and External Affairs prior to signing and executing. The appropriate signature authority for contracts at Tuskegee University is dependent on the type of contract and its value, as outlined in the Contract Review and Approval Process. The Office of General Counsel and External Affairs cannot review or provide legal advice regarding personal or non-university contracts.

Defining a "Contract"

A contract is any legally enforceable agreement — whether or not it is titled “contract.” Contracts include, but are not limited to, letters of agreement, lecture or performance agreements, licenses, memoranda of understanding/agreement, and terms and conditions related to all types of transactions. All contracts between the university and a third party must be in writing. An agreement may be a binding contract even though one party provides something of value to the other party at no charge. Therefore, the university may have an interest even though there is no financial transaction.

Certain third-party relationships and agreements may fall outside the purview of this contact process. These may include the following; however, please note that it is preferred that a university employee contact the Office of the General Counsel and External Affairs when doubt exists:

• Routine purchase orders, bills of sale and/or invoices, if they do not contain any terms and conditions
• Renewals of existing contracts approved by the general counsel within the previous fiscal year, unless the terms and conditions of the renewal are different than those previously approved,
• Contracts for the purchase of software, statistical data, online products and services, and lab and research materials, if both of the following conditions apply: the value of the contract is $4,999.99 or less; and the product is for localized use within the department making the purchase, and not for campus-wide use

Please note that legal review by the Office of the General Counsel determines only the legal validity of a contract, as opposed to whether the contract is appropriate and advisable from a business and/or administrative perspective. Such determination is the responsibility of the university unit initiating the contract.

Entering into a Contract

Only authorized individuals — which currently is limited to the university's president and/or general counsel — may sign contracts on behalf of the university. Signing a contract on behalf of the university may have legal, financial or policy implications for which the university becomes responsible. All university personnel and external service vendors should note that contracts or agreements signed on behalf of the university by unauthorized persons will be considered per se invalid and wholly null and void relative to any purported obligations and/or promises contained in such contracts or agreements.

University personnel can be held personally liable for their unauthorized execution of contracts and agreements on behalf of the university, as well as subject to disciplinary action, up to and including immediate termination.

Sample Template Documents

The following sample template documents are provided as guiding examples for faculty and staff as they explore external partnerships and relationships with outside agencies, organizations, grantmakers and vendors.

• Professional Personal Services Contract with Independent Contractor
• Contract Review Approval Process
• General Terms and Conditions Addendum
• Memorandum of Understanding/Agreement (MOU/MOA)
• Sponsored Program Research Agreement Template

WHO DOES THE OFFICE OF THE GENERAL COUNSEL REPRESENT?
Tuskegee University’s Office of the General Counsel provides legal advice, legal representation and related services to the university and its employees in their official capacities and to accomplish their institutional objectives. The university represents a single legal entity, and as result, the Office of the General Council advises trustees, the president, provost, administrators and employees on various issues impacting the university.

WHAT TYPE OF LEGAL SERVICES DOES THE GENERAL COUNSEL'S OFFICE PROVIDE?
The Office of the General Counsel is responsible for providing the university with a full range of legal services in a variety of practice areas. Where specialized legal expertise is required, the Office of the General Counsel will seek and collaborate with outside counsel on the university’s behalf.

HOW CAN I CONTACT THE OFFICE OF THE GENERAL COUNSEL?
The Office of the General Counsel is located at 320 Kresge Center. We can be reached by phone at 334.727.8872, by fax at 334.727.4453 or by email at  lweathers@tuskegee.edu. 

TO WHAT ADDRESS SHOULD I MAIL LEGAL CORRESPONDENCE FOR THE UNIVERSITY’S CONSIDERATION, OR WHERE SHOULD PROCESS SERVERS BE DIRECTED TO SERVE SUBPOENAS, SUMMONSES AND OTHER LEGAL DOCUMENTS?
The Office of General Counsel's physical and mailing address is 320 Kresge Center, 1200 W. Montgomery Rd., Tuskegee, AL 36088

CAN I RETAIN OUTSIDE COUNSEL FOR A UNIVERSITY MATTER?
No, only the Office of the General Counsel can retain outside counsel or submit legal bills to the Controller’s Office for payment by the university. If you believe outside counsel is needed for a university matter, you should contact the office, which will determine whether outside counsel is necessary and appropriate. If so, the office will retain an outside attorney it believes is appropriate for the matter.

AM I INDEMNIFIED (PROTECTED AGAINST LEGAL RESPONSIBILITY FOR MY ACTIONS) IF I AM SUED IN CONNECTION WITH UNIVERSITY BUSINESS?
Generally, yes, as long as you are acting in good faith and in the immediate scope of your job.

IS WHAT I TELL EMPLOYEES OF THE OFFICE OF THE GENERAL COUNSEL CONFIDENTIAL?
It is privileged as to third parties, but not as to other university officials. Therefore, our team will try to keep information you share confidential to the extent it can.

CAN THE OFFICE OF THE GENERAL COUNSEL REPRESENT OR GIVE LEGAL ADVICE TO INDIVIDUAL EMPLOYEES OR STUDENTS ON NON-UNIVERSITY MATTERS?
No, the Office of the General Counsel represents the university. Its staff works only on university-related matters and with designated employees whose duties relate to the legal matter under consideration.

I NEED TO HAVE A CONTRACT OR SIMILAR DOCUMENT SIGNED BY THE UNIVERSITY? WHO HAS AUTHORITY TO SIGN IT?
In a majority of cases, only the university’s president or general counsel is empowered to execute contractual relationships on behalf of Tuskegee University. For more guidance on this process, review the "Contract Process" section of the office's Policies and Documents.

DOES THE UNIVERSITY EVER CONSIDER USING ALTERNATE DISPUTE RESOLUTION — MEDIATION OR ARBITRATION — INSTEAD OF GOING TO COURT?
In certain cases, mediation or arbitration — before the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS) — may be appropriate. But, unless the contract stipulates that disputes will be resolved by mediation or arbitration, we would not be able to go to arbitration or mediation unless both sides agree. Arbitration or mediation may be considered in matters involving one or more of the following criteria: the need for a relatively speedy and binding decision, where confidentiality is important; commercially related disputes; and where the dispute could best be resolved by an expert.

I HAVE BEEN CONTACTED BY A THIRD PARTY AND ASKED TO PROVIDE A COPY OF A STUDENT’S TRANSCRIPT OR OTHER ACADEMIC RECORDS. DO I HAVE THE AUTHORITY TO ACCESS THESE FILES AND FULFILL THE THIRD PARTY’S REQUEST?
Normally, no. Although a school official — including a member of the faculty — may have access to and obtain a copy of a student's education record for a legitimate educational interest, ordinarily the student's education record is confidential and cannot be viewed, accessed or released without the student's explicit permission. The Family Educational Rights and Privacy Act of 1974, also known as FERPA or the Buckley Amendment, is a federal law that limits the disclosure of a student's education record or enrollment status in order to safeguard the privacy of such information.

Disclaimer

Legal resources on our website provide useful information and direction to accommodate those engaged in official university matters, but should not be interpreted as "legal advice" from the Office of General Counsel. The materials provided on this website are for informational purposes only. Unless otherwise indicated, this information does not change or affect any policy, rule or regulation of Tuskegee University.

In conjunction with the office’s legal responsibilities, the Office of the General Counsel collaborates with university research administrators, research faculty and outside legal counsel to manage the university’s intellectual property interests. This includes providing guidance regarding the protection of intellectual property through patents, copyrights and trademarks, and seeking licensing agreements with commercial entities to take Tuskegee University’s research developments into the marketplace for the public's benefit. Click here for more information on intellectual property and technology transfer.

The Office of the General Counsel also partners with Tuskegee’s Office of Communications, Public Relations and Marketing to protect the university’s various brand assets — namely, its trademarked logos and visual identity, as well as its copyrighted slogans, songs and other creative works. For more information, visit the university’s Trademark and Licensing page.

Disclaimer

Legal resources on our website provide useful information and direction to accommodate those engaged in official university matters, but should not be interpreted as "legal advice" from the Office of General Counsel. The materials provided on this website are for informational purposes only. Unless otherwise indicated, this information does not change or affect any policy, rule or regulation of Tuskegee University.

Click Here for the Contract Routing and Approval Sheet.

Click Here for the Essential Terms Checklist.

Click Here for the Disfavored Items Checklist.

Click Here for the Speaker Engagement Agreement.

Click Here for the Vendor Mediation and Arbitration.