Q. |
What should I do if a State marshal arrives at my office
and asks me to accept legal papers (such as a summons or subpoena)
on behalf of the University or someone with whom I work? |
A. |
You should refuse to accept the papers. Direct
the marshal to OGC and call OGC at 2-4949 to alert us. For
more information about related circumstances, and the importance
of correct and timely action on legal papers, please
click here.
Top |
Q. |
Who may accept service of process for the University? |
A. |
An attorney at OGC may accept service, properly
made, on behalf of the University. Employees of the University
who are sued in their individual capacities typically must be personally
served. OGC attorneys ordinarily do not accept service on behalf
of individuals in that context. For more information about service of process, click here.
Top |
Q. |
What should I do if an FBI agent arrives at my office
and requests information (other than health information) as part
of the background check of a prospective government employee? |
A. |
You should:
- Politely ask to examine the agent’s credentials. Satisfy
yourself that they are genuine. (You may wish to have the assistance
of a co-worker.) Write down the agent’s name and phone
number, or copy his or her badge or card.
- Examine and copy the forms the agent should present, in which
the person about whom the background check is being conducted
consents to Yale’s production of documents to the agent,
or to an interview. Make sure the consent form clearly identifies
the individual, has been recently signed, and otherwise appears
to be genuine.
- If all seems to be in order, you may answer the agent’s
questions and provide the agent copies of the requested documents
(usually a transcript, work history, and the like). Make a note
of the documents that you have provided the agent.
If the agent does not have a signed consent form, has requested
health information, or is seeking information for any purpose other
than a background check, please direct the agent to OGC and
call OGC at 432-4949 to alert us.
Top |
Q. |
What should I do if I receive a Notice of Garnishment? |
A. |
A Notice of Garnishment is a notice
that a Connecticut court has required Yale to withhold certain
amount of an employee’s wages, to be paid toward a debt owed
by the employee – often, child support. Although such notices
are mainly handled by Human Resources, you should first fax the
notice to OGC (432-7960) with a cover sheet noting your name, the
name of the employee, and requesting assistance. OGC will work
with HR and Payroll to ensure that the University complies with
the order and that the employee is notified.
Top |
Q. |
What should I do if I receive correspondence from a lawyer
asserting a claim against me (in my work capacity), my department,
or the University? |
A. |
If you receive a letter from a lawyer asserting
a claim or threatening suit with respect to you in your work capacity,
your Department, or the University, please forward it immediately
by fax (432-7960) or pdf to OGC, with your name and contact information,
and call OGC at 432-4949 to provide background information.
Top |
Q. |
Whom at the OGC should I contact if I need legal help? |
A. |
Yale faculty and staff should feel free to call
on any attorney in OGC for help with a question. That attorney
will then direct the caller to the OGC attorney knowledgeable about
the appropriate area of the law. The OGC receptionist, who can
be reached at our main number (203-432-4949), will also assist
any caller in finding the right attorney. The caller may also review the list of OGC attorneys and call or email one of the attorneys in the appropriate practice area.
Top |
Q. |
To whom should I report illegal or fraudulent activity? |
A. |
Individuals are encouraged in appropriate cases
to report illegal or fraudulent activity first to a supervisor.
They may also call University Auditing, or any member of OGC, with
such a concern. A University confidential Hotline, maintained by
an outside firm, is also available for reporting such concerns.
The Hotline telephone number is 1-866-358-3805.
Top |
Q. |
May I hire an outside lawyer? |
A. |
For legal advice to the University related to your
work at Yale, only the Vice President and General Counsel may retain
outside counsel. An outside attorney may be engaged by the Vice
President and General Counsel, for example, to handle a matter
requiring particular expertise or to manage a large litigation
matter. Outside counsel may also be engaged when representation
by the OGC presents a conflict and other circumstances make the
retention appropriate.
Top |
Q. |
If outside counsel is hired on my behalf, will the University
pay the legal bills? |
A. |
The University typically will pay the reasonable
legal bills and expenses of counsel retained by it to represent
faculty or staff whom it determines need outside counsel in connection
with their work at Yale. In certain rare situations, however, Connecticut
law may not permit the University to pay those bills. For
details in a particular instance, please contact OGC.
Top |
Q. |
Can OGC find me a personal lawyer? |
A. |
OGC does not generally refer members of the University
community to private lawyers. However, individual OGC attorneys
on occasion provide information on local practitioners.
Top |
Q. |
Is my conversation with a member of OGC confidential? |
A. |
OGC attorneys have a duty to represent the University,
and do not act as private lawyers for individuals on campus. Generally
speaking, however, they are ethically bound not to disclose confidential
University matters to persons outside the University’s ambit
unless ordered by a court or when physical harm is threatened.
Within the University walls, members of the OGC staff also strive
to work with discretion and sensitivity at all times. Their obligations
to the University as a client may require that they advise University
personnel or officials, outside the OGC, regarding certain confidential
matters. Depending upon the nature of the matter, consultation
with the University Auditor, Controller, an Officer, or members
of the Corporation, for example, could be required. OGC members
will typically advise the individual who has made the disclosure
if such a consultation is required or appropriate.
Top |
Q. |
Do OGC attorneys represent Yale-New Haven Hospital? |
A. |
No. Yale-New Haven Hospital is a legal entity separate
from the University. It has its own legal staff, located in the
Hospital. The telephone number of the Office of Legal Affairs and
Risk Management in Yale-New Haven Hospital is 688-2291.
Top |
Q. |
Does OGC handle medical professional liability claims? |
A. |
Because many faculty of Yale School of Medicine
hold staff positions at Yale-New Haven Hospital, the University
and the Hospital have jointly administered malpractice insurance
for medical professional liability claims. Although OGC is regularly
advised with respect to any claims involving Yale School of Medicine
faculty, the Hospital’s Office of Legal Affairs and Risk
Management is the primary contact for such claims.
Top |
Q. |
Can I get a document notarized at OGC? |
A. |
Two staff members at OGC are Connecticut notaries
and would be pleased to notarize official documents for members
of the University community. Please call first to ensure that a
notary will be available when you come to the Office.
Top |
Q. |
Who can give me permission to use the Yale name and logo? |
A. |
The Office of the Secretary is charged with reviewing
and approving requests to use the Yale name and logo, and for licensing
the name and marks. OGC attorneys are also available to consult
with you about requested uses or references to the Yale name, or
about contract or license terms regarding the Yale name.
Top |
Q. |
What should I do if I need to have a contract signed? |
A. |
If you need to have a contract signed, generally,
with a call to the Office of Procurement (432-6534) or to the Grants & Contracts
Administrations (Medicine: 785-4689; Central: 432-2460), you will
get an answer about who is authorized to sign the type of contract
in question. You may also consult the Guide to Contract
and Business Agreements at Yale to determine what
kind of review is appropriate before a contract is signed on behalf
of the University. (If you need a copy of the Guide,
please email your request to the OGC Office Manager or to the Controller,
or download the PDF online.)
Note that OGC attorneys do not sign contracts on behalf of the
University. You should review the contract carefully first, and
the contract should be reviewed also by Procurement, Grants & Contracts,
Risk Management (for indemnities) and in some cases by OGC, prior
to execution, particularly if the contract involves the following
or otherwise seems unusual:
- Indemnity by the University
- Shipments or payments to or from abroad
- Customized goods or delivery in phases
- High contract value
- Foreign party involved
- Alcohol service involved
- Exchange of certificates of insurance needed
- Debt-financed acquisition
- Very public or very confidential transaction
- Sensitive inter-institutional relationships
Please allow adequate time for review, and negotiation, to ensure
that your contract contain appropriate terms and be ready for signature
when it is needed.
If the contract concerns a purchase in an amount that you are
authorized to expend by P-card and is not unusual in any respect,
a business manager may be appropriate signatory, provided that
the contract has been carefully reviewed in your department.
Top |
Q. |
What employment opportunities are there at OGC? |
A. |
OGC occasionally has openings for full-time attorneys
and staff. When available, those positions are posted with Human
Resources and may be advertised on a limited basis. The Office
may also hire an undergraduate for term-time office help, and may
hire a law student and/or undergraduate student in the summer.
The Office maintains an internship program, typically employing
a law graduate who has had up to two years of experience, and who
is interested in exploring the practice of higher education law.
Inquiries should be directed to the Office Manager. |
