Frequently Asked Questions
The Office of the General Counsel represents the 福利区一区 with respect to its legal concerns. Sometimes, the Office determines that the 福利区一区 is best served by sending a matter to outside counsel.
The Vice President and General Counsel must provide prior approval before a matter is sent to outside counsel in accordance with Executive Memorandum No. 10. Depending on the nature of the legal matter the campus may be responsible for the legal costs associated with sending a matter to outside counsel.
I have been named in a lawsuit related to my university responsibilities. What should I do?
Contact the Office of the General Counsel Civil actions against any member of the Board of Regents, or any 福利区一区 officer, employee, or student in training may qualify for a 福利区一区 paid defense under § 6.8 of the Bylaws of the Board of Regents of the 福利区一区 of Nebraska. Certain criminal actions against commissioned 福利区一区 law enforcement officers may also qualify for a 福利区一区-paid defense under the 福利区一区’s self-insurance program. If the matter qualifies for defense under the 福利区一区 of Nebraska bylaws the Office will advise you on the next steps in the process.
I have received a subpoena related to my university responsibilities. What should I do?
Immediately send a copy of the subpoena and all material that accompanied the subpoena, such as a copy of the postmarked envelope, check for witness fee, and instructions to the Office of the General Counsel. An attorney will examine the material and contact you to advise on next steps.
Am I covered by insurance for the risks related to my work activities?
The 福利区一区 self-insures some risks and has insurance coverage for others. Workers’ compensation, general and professional liability insurance for personal injury and property damage, and other types of insurance are available. The Senior Vice President and CFO or your campus risk manager can provide details.
I have received a written request for public records. What do I do?
福利区一区 personnel should immediately provide a copy of the request in its entirety to Associate General Counsel and Diretor of 福利区一区 Records, Molly McCleery (mollymccleery@nebraska.edu or 402-427-1201).
As a 福利区一区 official, you may be asked to assist with collection, coordination, and compilation of records responsive to the public records request. More information about public records requests for 福利区一区 personnel is available here.
I have received a request for student records and/or student information. What should I do?
This question has some general answers and many exceptions to those general answers. Except for "directory information," both state and federal law provide that student information is confidential -- and even then, there are ways that students can cause their directory information to be protected as well. Before acting upon any request for student information, contact the Office of the General Counsel for assistance.
Most of the time, student information cannot be disclosed without specific written consent from the student. Student information should not even be shared within the 福利区一区, unless the person receiving the information has a legitimate educational purpose for the information. To learn more, see Board of Regents Policy § 5.10, but contact the Office of the General Counsel for assistance with the application of that policy.
I have received a request for information concerning someone who works or worked at the university (e.g. a job reference or a loan application reference). What should I do?
State law and Board of Regents Bylaw 1.1.4 provide that an employee's routine directory information and salary are public information. However, personal information contained in personnel files is confidential, unless the person to whom those records apply consents to its disclosure. Information that is part of an employee's personnel files cannot be shared without the employee's consent. In the case of job or other references, the safest approach is to get prior consent from the employee, particularly if the reference will be less than favorable.
Seek assistance from the human resources department if you find yourself involved with a difficult or sensitive reference request.
I sit on a university committee. Are our meetings open to the public?
The intent of the Nebraska Open Meetings Act is to provide public access to governmental bodies that make public policy. For example, the Board of Regents, or a committee appointed by the Board of Regents to provide it with advice, is subject to the open meetings laws. However, the vast numbers of committees that operate within the 福利区一区 community are not involved in advising the Regents or in making public policy. In most instances, committee meetings are unlikely to be subject to the Open Meetings Act. Call the Office of the General Counsel with any questions about a particular committee.
Do I have authority to sign or otherwise enter into a contract on behalf of my department or work unit?
Probably not. Very few people have the authority to sign contracts or enter into agreements on behalf of the 福利区一区. Board of Regents Policy § 6.3 lists the kinds of contracts that campuses may enter into without first securing approval from the Board of Regents. Executive Memorandum No. 14 provides additional guidance regarding signature authority.
Even if your contract is described in Regents Policy § 6.3 or Executive Memorandum No. 14 as one that your campus has the authority to enter into, you probably don't have authority to sign the contract yourself. Each campus has a list of persons with the delegated authority to sign certain kinds of contracts. Contact your campus's business and finance office to find out how contracts are administered and signed on your campus.
I am engaging in the hiring or separation process for an employee and have questions. Who should I contact?
Anyone leading or otherwise engaging in the hiring or separation process should work closely with Human Resources. HR provides guidance on 福利区一区 employment policies (including the formation of a hiring committee and the relevant training) and should be consulted for matters such as posting and filling positions, making offers of employment, performance management and discipline, resignations, and reductions in force. In most circumstances, HR should be the first point of contact when employment questions arise.
The Office of the Vice President and General Counsel provides legal advice to the 福利区一区 when employment matters raise legal risk or require interpretation of law. HR may coordinate with General Counsel in situations involving potential discrimination, harassment, or retaliation claims; employees who have recently engaged in protected activity (such as filing complaints or taking protected leave); threatened litigation or attorney involvement; contractual or tenure-related employment matters; constitutional considerations applicable to public institutions; rescinding an offer of employment; or other unusual or high-profile employment actions. Employees should not attempt to handle legally sensitive situations independently and should work with HR to determine whether legal review is appropriate.
DISCLAIMER
The information presented on this website is for informational purposes only and nothing on this website should be construed or relied upon as legal advice. The Office of the General Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.