Office Description and Frequently Asked Questions
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- Office Description
- Attorney-Client Privilege
- College Seal
- Notary Services
- Lawsuits
- Subpoenas
- Search Warrants
- Background Investigations
Office Description
The Office of the Vice President, General Counsel and Secretary of Oberlin College is responsible for providing and coordinating all legal and governance services on behalf of the College, its Board of Trustees, its divisions, and its representative employees. The Office is staffed by two attorneys (the general counsel and secretary and an assistant attorney), an office manager/paralegal, and a special assistant/administrative coordinator. In partnership with outside law firm partners, the Office provides legal counsel in a variety of practice areas including higher education; business transactions; corporate law; real estate and construction; employment and labor; research and intellectual property; planned giving and philanthropy; nonprofit governance; athletics; and immigration.
Attorney-Client Privilege
Communications with attorneys in the Office of the Vice President, General Counsel and Secretary (“GCS”) are regarding as protected from disclosure under the attorney-client privileged doctrine when the communication is made for the purpose of seeking or providing legal advice on behalf of the College. The privilege allows for candid and full discussions of matters requiring confidential legal advice. Attorney-Client privileged communications may not be shared with others.
College Seal
The Office of the Vice President, General Counsel and Secretary holds the College Seal, which is used as a stamped endorsement to authenticate official documents. Please contact the GCS Office for approved use of the seal.
Notary Services
The GCS Office provides complimentary notary services for both professional and personal needs of Oberlin College faculty, staff, and students. Please call ahead to ensure that someone is available to assist you (440-775-8401). Please bring a state or federally issued photo ID (e.g., operator’s license, passport) that also bears your signature to confirm your identity. In addition, you may be required to swear an oath or affirm a statement (jurat), depending on the type of document presented.
Lawsuits
Q: Help! A new lawsuit was delivered to my Department. What should I do?
A: Contact the Office of the Vice President, General Counsel and Secretary (“GCS”) immediately and follow its direction. After a lawsuit is filed the person suing (the plaintiff) must deliver (“serve”) to the defendant two documents: the “Complaint” and a “Summons” telling the defendant that they must respond. By law, the College must respond to lawsuits within a specified time period after the lawsuit has been served. Therefore, please note the date, time, and precise method the summons and complaint were delivered. The lawsuit may have been served by certified mail or in person by a process server. It is imperative that you notify GCS as soon as you are served so the GCS can review the matter and respond in a timely manner. You will be asked to deliver the original documents plus any envelope or other papers that were served to GCS in 100 Cox Administration Building with the requested information regarding the date, time, and method of service.
Q: Help! I’ve been personally named as a defendant in a lawsuit. I was only doing my job. Will the College defend me?
A: It is the College’s policy to defend and indemnify employees who become parties to legal proceedings by virtue of their good faith efforts to perform their responsibilities of employment. An employee personally named as a defendant in a lawsuit should contact the GCS immediately.
Subpoenas
Q: Help! I’ve been personally served with a subpoena. What should I do?
A: A subpoena is an order of the court. The date and manner of delivery (i.e. service) has legal ramifications. Contact the GSC immediately. Any delay can compromise the College’s ability to respond most appropriately. The subpoena may command you to appear at a specified date, time, and location to testify; or, a subpoena may command you to produce certain documents. In either case you should contact the GSC immediately. It is important to let an GSC attorney review the subpoena to determine the College’s rights and responsibilities for compliance. Do not ignore a subpoena, even if it addresses something you are unfamiliar with or asks for documents you don’t have. Failure to respond to a subpoena could result in you or the College being held in contempt of court.
Subpoenas for student records
Subpoenas requesting student records should be forwarded to the Office of the Registrar: registrar@oberlin.edu and 440-775-8450.
Subpoenas for employment records
Subpoenas requesting employment records for faculty and staff should be forwarded to the Department of Human Resources: human.resources@oberlin.edu and 440-775-8430.
Subpoenas for deposition or trial testimony
If you are served with a subpoena to give testimony in a deposition or trial arising out of your affiliation with Oberlin College, please contact GCS Office immediately. An attorney will review the subpoena to determine its validity, interact with the issuing person or agency on your behalf, and assist in preparing you for testimony.
Please note, however, that the GCS Office does not provide legal support or advice for matters related to private consulting or personal matters.
Search Warrants
Information for Law Enforcement Agents
It is the policy of Oberlin College to cooperate fully with all lawfully issued search warrants. Law enforcement agents serving search warrants on Oberlin College and its agents should first contact Campus Safety at campus.safety@oberlin.edu or 440-775-8444 to assist in the execution of the search warrant. Oberlin College expects that its security professionals will supervise searches and seizures of College property or controlled locations. Please be prepared to provide a business card(s) of the agent(s) executing the search warrant, a copy of the search warrant including attachments, and an inventory list of all property seized before leaving.
Information for College faculty and staff
College faculty and staff who are served with a search warrant by a law enforcement agent seeking Oberlin College documents or property should respond as follows:
- At all times, be polite, courteous, and cooperative with the law enforcement agent.
- Request identification and/or business card from the law enforcement agent or write down the law enforcement agent’s name, title, agency, and work address.
- Request to make a copy of the search warrant including all attachments. Make a copy of the search warrant including all attachments.
- Advise the law enforcement agent that you will be pleased to assist them after contacting Campus Safety and the GCS Office, as required by College protocol. Ask the law enforcement agent to wait while you contact Campus Safety and the GCS Office. It is the role of Campus Safety personnel to assist in ensuring that the search warrant is properly executed (e.g., ensuring that the search does not exceed the scope of the warrant).
- Be prepared to send a fax or pdf of the search warrant via email to the GCS Office. It is the role of GCS Office to determine the validity and scope of the search warrant and to assist in determining the most appropriate method of response that is least disruptive of business operations.
- If the search warrant authorizes the law enforcement agent to seize computers or data storage equipment, advise the agent that you need to contact CIT to make a back-up copy of any data before the computers are removed. Do not attempt to delete or alter any data.
- Request a written inventory listing everything that was seized during the search. The inventory should be signed by the law enforcement agent with the time, date, and the agent’s full contact information.
- Meet with an attorney in GCS Office to discuss the search and seizure process and appropriate next steps.
Background Investigations
Various agencies and employers will contact College faculty and staff as part of an employment background investigation or security clearance process for a former or current faculty member, staff, or student. These contacts may be in person, via phone, or via email and may be unannounced. Generally, the person conducting the background investigation or security clearance will ask questions or request documents that verify dates of employment or dates of enrollment; information regarding disciplinary history; and information regarding the individual’s character. If you are requested to provide information as part of a background investigation or security clearance, follow these procedures:
Request for records
- Ask the person making the request for their business card or full name and contact information.
- Ask the person making the request for a copy of the signed release authorizing the disclosure of employment or student records to the requester. If you have questions regarding the validity of the release or the scope of the release, please contact the GCS Office. The College may provide any information with the subject’s written consent.
- Make a copy of all documents provided. Attach the business card/contact information and signed release to the copy of the information that you provided. Place that information in the individual’s personnel or student file maintained by your office with a notation of the date and your name.
- If the person making the request does not have a signed written release, then you should not provide any documents until a signed written release is provided.
- You may refer the person making the request to the campus registrar’s office for confirmation of dates of enrollment and degrees earned. You may refer the person making the request to the campus human resources office for employment verification information.
Request for interview
- Ask the person making the request for his/her business card or full name and contact information.
- Ask the person making the request for a copy of the signed release authorizing the disclosure of employment or student records to the requester. If you have questions regarding the validity of the release or the scope of the release, please contact the GCS Office. The College may provide any information with the subject’s written consent.
- Make notes of the questions asked and your responses. Attach the business card/contact information and signed release to the copy of the information you provided. Place that information in the individual’s personnel or student file maintained by your office with a notation of the date and your name.
- If the person making the request does not have a signed written release, then you may decide whether to share your personal observations and opinions any way. You, however, should not provide College documents until a signed written release is provided.
- You may refer the person making the request to the campus registrar’s office for confirmation of dates of enrollment and degrees earned. You may refer the person making the request to the campus human resources office for employment verification information.