University officials should direct legal questions to the Office of Legal Affairs

This memorandum is to remind all university officials that the Office of Legal Affairs has the mission of providing legal advice to the University and its officials on all matters affecting the university and for serving as liaison to the Office of the Attorney General regarding litigation and other legal matters that the institution decides need the attention of the Attorney General. Thus all requests for legal representation and legal advice regarding the University's affairs are to be directed to the Office of Legal Affairs.

While the Attorney General represents the institution in litigation, the Attorney General's Office generally relies upon the Office of Legal Affairs to provide preventive counseling and advice on non litigated matters, to handle administrative agency complaints against the institution and its employees and to coordinate matters pertaining to litigation. Whenever a university employee is sued as a result of activities undertaken in the course and scope of their employment, the lawsuit papers should be forwarded immediately to the Office of Legal Affairs so that the Attorney General's office may be notified and a request for representation can be made. It is important that the legal papers are forwarded immediately upon receipt as there are deadlines that must be met in order to avoid the entry of a default judgment.

The Office of Legal Affairs should also be immediately notified of complaints filed with administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Civil Rights (OCR), and the Office of Administrative Hearings (OAH). The Office of Legal Affairs prepares the University's response to administrative complaints against the University and its employees acting within the course and scope of their employment and coordinates with the Office of the Attorney General if the matter goes to court.

In addition to litigation, the office of the Attorney General also provides formal and informal legal opinions to state agencies. Formal and informal opinion requests of the Attorney General are done through the University's legal office so that the full facts and the implications of any matter can be fully explored and input from appropriate university administrators can be obtained. Thus such requests on behalf of the University are made only by the Office of Legal Affairs.

Should any University administrator or employee need legal advice pertaining to their official responsibilities, they are to contact the Office of Legal Affairs. Please also refer to the attorney subject areas.

Vice Chancellor for Legal Affairs and General Counsel
NC State Office of Legal Affairs