You are here: American University Office of General Counsel Frequently Asked Questions

Frequently Asked Questions (FAQs)

Complaints

Contracts

Function of OGC

General

Immigration

Intellectual Property

Litigation - Document Preservation

Litigation

Summons and Subpoenas

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Complaints

Who can I contact if I have a grade grievance?

Please review the University's Student Academic Grade Grievance Policy.

How do I file a complaint about student neighbors?

The University has implemented an online form to share information about student conduct in the neighborhood.

I think I have been the subject of discrimination. What should I do?

You should contact the Equity and Title IX Office at equityoffice@american.edu or 202-885-8080 with your concerns. American University's Title IX Officer and the staff in the Equity and Title IX Office are responsible for addressing discrimination concerns and complaints affecting staff, faculty, and students.

The Equity Office will advise you of your options to address your concerns, including filing a complaint. For more information, visit the Equity and Title IX Office's website. You may also refer to the University's Title IX Sexual Harassment Policy and Discrimination and the Non-Title IX Sexual Harassment Policy for more information about the University's processes for resolving discrimination complaints or concerns.

What should I do if I have an ethical concern?

It is an underlying principle of the University that all of its transactions are conducted with the highest degree of integrity and honesty. Each faculty or staff member can and should make basic ethical decisions and can and should consult with his or her dean, director, or unit/department head on difficult or questionable decisions. Each faculty or staff member should feel free to contact the Executive Director of Human Resources or the Interim Sr. Vice Provost and Dean of Academic Affairs directly to discuss any situation where there could be differences of opinion in evaluating an ethical issue.

The University provides guidance on ethical issues through its Code of Business Ethics which can be found in the University’s Policy Library. It is meant to be a living document that best reflects the culture and values of American University. It describes standards of conduct and integrity that are consistent with our vision and mission. The Code of Business Ethics is intended to guide faculty and staff in identifying and resolving issues of ethical conduct that may arise during their various transactions and relationships with each other and the wider community.

I am receiving one or a combination of the following: threatening calls, threatening emails, threatening text messages. Where do I report this?

In an emergency, call 911.

If you feel threatened on campus, you should contact University Police at 202-885-3636. Visit the University Police website for more information about their services which can assist you in addressing this matter. (Additional links are on the policies website.)

Contracts  

How can I request legal review of a contract?  

OGC has established an electronic process for submitting contracts, MOUs, etc. for legal review. Please submit contracts by using the OGC Contract Submission Portal.

After you have submitted your request, you will receive a confirmation email with the matters internal tracking number and the name of the attorney assigned to the matter so that you know who to contact for additional questions or status updates.

Once I submit a request for a contract review, how long does it take to receive feedback on my request?

Generally, OGC will try to provide feedback from an attorney within 10 business days. However, if a response is required sooner, please note your request for expedited review in your contract portal submission and OGC will make every effort to accommodate your request.

Function of the Office of General Counsel (OGC)

What type of legal support does OGC provide?

OGC provides, coordinates, and manages a range of legal services. This includes legal counsel and representation, litigation, risk management, contract drafting and review, and compliance oversight. When needed, OGC also provides other services and counsel to university administrators and employees. One of OGC’s main goals is to provide counsel to minimize legal risk and costs, reduce litigation exposure, and ensure legal compliance—and to do so efficiently, reliably and professionally.

In particular, OGC routinely provides advice regarding:

  • Advice and oversight on statutory/regulatory compliance issues and programs.
  • Education and training of administrators, faculty, and staff on legal issues affecting the university.
  • Representation of the university in litigation
  • Reviewing and revising university policies and procedures.
  • Advice to official University committees; and
  • Supervision of outside counsel retained to assist with matters requiring specialized legal expertise.

OGC engages outside counsel to work on particular matters when considerations—such as cost and specialized subject matter—make it appropriate to do so. University personnel may not contact outside counsel concerning University business without prior consultation with our office. Similarly, all communications from outside attorneys should be referred to our office.

Who does OGC represent?

The Office of General Counsel represents the University and the OGC attorneys work only on University-related matters. You can consult with an OGC attorney regarding University legal matters related to carrying out your official duties.  

OGC does not represent individual faculty, staff, students, or administrators in personal legal matters outside the scope of their employment, for example, a divorce or bankruptcy. In addition, OGC does not represent AU employees in matters which are adverse to the university or relate to circumstances or activities outside the scope of their employment.

I am being sued in my capacity as a University employee. Will the OGC represent me?

Generally, the University will provide a legal defense and indemnification if you are acting in good faith and within the scope of your employment duties and authority. For more information on the conditions under which the university will provide indemnification and legal defense for employees, see the Employee Indemnification Policy in the University Policy Library.

How does one obtain legal advice from the OGC?

University employees may contact attorneys in the OGC at any time via email or telephone (202-885-3285). You are encouraged to contact OGC as early as possible to discuss any matter where you believe legal issues may arise. Advance planning and consultation can help reduce legal risks while still achieving your desired results. If you receive documents or notice related to a lawsuit, subpoena, or other legal notice or document involving the University, please notify OGC immediately.

General

Do I have authority to sign a University contract, memorandum of understanding, or other agreement?

The University’s Signatory Policy, which can be found in the University’s Policy Library, identifies the university personnel who are authorized to sign contracts, MOUs, legal papers, checks, and other official university documents. If you are not a designated signatory, as outlined in the Signatory Policy, you are not authorized to sign agreements which bind the University. The University’s auditors and insurance companies consider compliance with our Signatory Policy to be of significant importance in protecting the university and we appreciate your assistance in meeting this goal.

Can I retain outside counsel for a university matter?

University personnel may not retain outside counsel for a university matter. OGC engages outside counsel to work on particular matters when considerations--such as cost and specialized subject matter--make it appropriate to do so. University personnel may not contact outside counsel concerning University business without prior consultation with our office. Similarly, all communications from outside attorneys should be referred to our office.

Immigration

Who should I contact if I am interested in hiring a foreign national to a staff or faculty position?

Contact Human Resources for staff positions and the Dean's Office of the relevant school for faculty positions. You should also review the University's Visa Sponsorship Policy in the University Policy Library.

Do I need to do anything special when an H-1B employee ceases employment at the University?

Yes. If an H-1B employee departs the University prior to the expiration of their University-sponsored work authorization, you should contact OGC immediately. OGC will review the situation to determine if there are additional steps required to remain in compliance with the law.

Intellectual Property

Who can assist me with a copyright question?

The University Library has put together a general resource webpage for issues related to copyright.

Who can give me permission to use the university name and logo?

The University has a Trademark Usage Policy that outlines the use and approval of the university’s marks. Any uses of the University’s Marks not described in this Policy must be approved in writing by the Vice President for Marketing and Communications.

Litigation - Document Preservation

I received a document preservation notice; do I need to save everything that I ever received that is related to the matter?

Yes, you must not destroy or delete anything. You must preserve everything, even documents attached to documents that are subject to this Notice must be preserved without alteration. Duplicate copies must also be preserved, regardless of whether they are identical or substantially like the contents of another document. Please take appropriate steps to preserve all documents within your control and err on the side of preserving documents.  

The OGC attorney assigned to the matter will follow-up with you to determine when you should collect and transmit the relevant material to OGC.

I received a document preservation notice, and I think my colleague should also receive the notice since they may have pertinent information. Should I forward my copy to them?

If you think a colleague may have information about the matter, please notify the OGC's office. Do not send them your version of the document preservation notice. You are expected to maintain this Notice’s confidentiality and you may not discuss or share the Notice with others. OGC will send a Document Preservation notice to your colleague to determine if they have pertinent information.

Litigation

What if I receive a letter or phone call from an attorney relating to my University responsibilities?

If you are contacted by an attorney who does not work in OGC, you should politely indicate you are not authorized to answer their questions and immediately refer them to OGC at 202-885-3285. OGC will address any inquiries posed by outside counsel.

As a general rule, there should always be an OGC attorney present during any interaction with outside counsel.

Summons & Subpoenas

 

I have been contacted by a law enforcement officer or enforcing agency about University matters. What should I do?

From time to time, law enforcement and other government agencies may arrive on campus (with or without notice) or contact AU employees for the purpose of obtaining University information or documents.

The Office of General Counsel is responsible for responding to subpoenas, summons, and complaints on behalf of American University. If you receive a subpoena, summons, coplaint, other legal papers, or a request for information from a law enforcement or other governent agency related to University matters, please contact our office immediately at 202-885-3285 and ask to speak with any attorney. You may also direct the person asking for information to the OGC office at 3201 New Mexico Avenue NW, Suite 270, and an OGC attorney will be available to respond to their inquiries.

 

What should I do if I receive a subpoena, summons, complaint, or other legal papers relating to my University work?

 

The Office of General Counsel is responsible for accepting service and responding to subpoenas, summons, complaint, or other legal papers on behalf of American University. If you receive a subpoena, summons, complaint, or other legal papers related to University matters, please contact our office immediately at 202-885-3285 and ask to speak with any attorney. You should deliver all of the documents to OGC as soon as possible as there is usually a short time frame for filing a response to a newly filed lawsuit.