Frequently Asked Questions

This section of the Web page of the Office of the General Counsel is intended to provide faculty and staff of the College with general information only. This information does not supplant the need of faculty and staff of the College from contacting the Office of the General Counsel for real legal advice. If you are involved in any of the situations described in this section of the web page, you should not hesitate to contact the Office of the General Counsel for guidance on the appropriate manner in which to respond to the circumstances of the situation.

Contracts

Q: I am about to commit the resources of the College to purchase goods or obtain the services of an outside entity. Do I have the authority to sign a contract on behalf of the College?

A: According to the governance documents of the College, only the President and the Vice President for Business Affairs and Treasurer, or their designees, may sign a contract or agreement binding the College. Since there are only a few designees who have limited authority in this regard, you should forward the contract for signing to the Vice President for Business Affairs and Treasurer. As a general rule, you should not sign any contract, agreement, license, purchase order, memorandum of understanding, lease, or any other potentially binding agreement. This includes contracts and agreements for goods and services to be provided by the College as well as for goods and services to be provided to the College. All contracts and agreements will typically need legal review and should be referred to the Office of the General Counsel.

Q: An officially recognized student organization wants to enter into a contract. Who has the authority to sign such an agreement?

A: Only officially recognized student organizations may enter into agreements in the name of the College. Individual students and non-recognized student groups have no authority to commit the College to a legal obligation. Contracts signed by individual students or in the name of a student organization, whether officially recognized or not, will not be honored by the College and any financial commitments made will be those of the individual student or students involved. The Office of the Dean of Students has established policies and procedures to comply with the College's requirements for the review and execution of contracts. If you are a student acting in the capacity of a representative for an officially recognized student organization, you are required to bring all contractual agreements to the attention of the Office of the Dean of Students.

Copyright

Q: I would like to make multiple copies of a section of an essay from a book of collected works of the same author and distribute them to my class. The book has a standard copyright notice that clearly states permission is required from the publisher for any reproduction of any part of the book. Do I need to get the permission of the publisher before I distribute the copies to my class?

A: It depends. It is clear that the referenced work has a copyright. Copyrighted material can ordinarily be legally copied in one of two ways. The first is to get the permission of the copyright owner. However, such permission is not required if the copying qualifies under the fair use doctrine. Federal copyright law permits the copying of copyrighted material for teaching, scholarship, or research purposes IF such use can be considered "fair" when analyzed using four factors: (1) whether the "purpose" is for nonprofit educational purposes; (2) the "nature" of the work - ordinarily, "factual" works are granted less protection than "creative" works; (3) the "amount" of the portion of the work to be used in relation to the copyrighted work as a whole; and (4) the "market effect" on the purchasing or value of the copyrighted work that could have a negative impact depriving the copyright owner of revenue. As a general rule, if it is doubtful the copying of a copyrighted work is within the fair use exception to the copyright law, the permission of the copyright owner should be obtained.

FERPA

Q: I have been contacted by the parents of one of my students and been asked to forward to them a copy of their child's transcript and student file. Do I have the authority to access these files and forward them to a student's parents?

A: While 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 (FERPA), also known as the Buckley Amendment, is a Federal law that limits the disclosure of a student's education record in order to safeguard the privacy of such information

Subpoenas

Q: I have just received some kind of document that appears either to have been issued by or filed with a court. What should I do?

A: As a general rule, all court papers you receive at the College concerning your work at the College must be promptly brought to the attention of the Office of the General Counsel. The legal document may be a summons, a subpoena, a legal notice, or a complaint (the latter is ordinarily served along with a summons). A "summons" is a legal instrument used to commence a civil action and serves as a notice to the party that an action has been commenced against the person and that the person is required to appear and answer the complaint. A "subpoena" is a written order issued by a court, or officer of the court, or an administrative agency that requires the production of documents and/or attendance of a witness at a trial or hearing. A "legal notice" informs a party of a specific event or set of circumstances that may affect the rights of a party. A "complaint" is a document that states the grounds upon which a legal action has been commenced. The nature of the document you have received will determine the response you may be required to take and should, in all instances, be reviewed by the Office of the General Counsel.

Q: I have been contacted by an attorney other than one who is representing the College (or a law enforcement official, or an investigator from a governmental administrative agency). How should I respond?

A: All such parties should be referred to the Office of the General Counsel. When a call is received or a visit is made to your office by an attorney, a law enforcement official or a representative of a regulatory agency, remember to be polite, but do not provide them with any information without notifying the Office of the General Counsel. The College will respond to proper inquiries from these individuals, but there are laws that may preclude us from releasing the information that is being requested - even to law enforcement officials. It is critical that you promptly refer such individuals to the Office of the General Counsel to respond to their inquiries and determine the manner in which a response, if any, is to be made.