Office of Legal Affairs

Litigation

Attorneys within the Office of Legal Affairs are actively involved in efforts to minimize the threat of litigation to the University.  When the University or its employees (due to their employment) are party to a lawsuit, the Office manages the legal representation and strategy for the litigation.

FERPA

The Family Educational and Privacy Rights Act of 1974 (“FERPA”) is the federal law that protects a student’s privacy with respect to his or her education records.  An education record is any recorded information that personally identifies and is related to a student, and is maintained by the University.  The Office of Legal Affairs advises faculty and staff in how they handle students’ education records to help ensure the University complies with FERPA and its privacy protections.

Risk Mitigation

The Office of Legal Affairs is actively involved in identifying areas of risk in all aspects of the University business and programs; as well as the living and learning community.  Once identified, the Office of Legal Affairs helps to evaluate, analyze and address those risks in ways to effectively mitigate, reduce and/or manage those risks.  

Real Estate

The Office of Legal Affairs counsels on and manages the legal issues involved in real estate transactions involving the University, which can range from leasehold interests, to property sales and purchases, to gifts of real estate.

Non-Disclosure Agreements

A non-disclosure agreement (NDA) is a legal contract between at least two parties that outlines confidential information, such as trade secrets or non-public business information, that the parties wish to share with one another for certain business purposes, but to which they wish to restrict access by third parties.  The Office of Legal Affairs is available to draft or review NDAs as needed by faculty or staff members of the University.

Student Matters

Attorneys within the Office of Legal Affairs advise and counsel on student matters that may pose institutional risk.  Such matters include conduct issues involving high risk behavior, student safety, students of concern/threat assessment, and regulatory compliance.

Policy Development & Oversight

The University of Dayton’s policies reflect the University’s philosophies, values and mission, and provide guidance for decision-making and enforcement.  The University Policy Coordinating Committee (“UPCC”), which includes as members attorneys from the Office of Legal Affairs, reviews all existing policies, develops policies, administers the formal process for approving policies, assists in the communication and enforcement of policies, and ensures all University policies are consistent with the mission of the University.

Disability Law 

Various federal laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, prohibit discrimination against individuals with disabilities. The Office of Legal Affairs advises faculty and staff on reasonable accommodations for disabilities, as well as best practices regarding employment, education, and access to technology.

Affirmative Action 

The Office of Human Resources oversees the University's affirmative action program, and the Office of Legal Affairs is available to provide advice and guidance on affirmative action issues.  As a federal contractor, the University must maintain an affirmative action plan to ensure equal employment opportunities in the recruitment, selection and professional advancement of employees.

CLERY ACT

The Office of Legal Affairs counsels on and manages the legal issues involved with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (known as the "Clery Act" for short).  The Clery Act was signed into federal law in 1990 and requires all universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety, and to inform the public of crime in or around campus.

CONTRACT REVIEW

Contracts are legally binding agreements.  University units seeking to enter a contract that binds the University should seek legal review and consult with Legal Affairs before executing the contract.  Legal Affairs also can assist in identifying who in the University is legally authorized to sign a contract on behalf of the University.

Athletics / NCAA    

Intercollegiate Athletics at the University of Dayton are governed by the NCAA.  The Office of Legal Affairs supports the University’s Athletic Compliance Office, as needed, for legal  questions related to compliance with the NCAA, lawsuits affecting athletics, Title IX as it relates to gender equity in sports, and other compliance issues that may arise.

Public Records Law

Since May 2015, police departments of private institutions in Ohio have been considered “public offices,” making them subject to the Ohio Public Records Act.  Office of Legal Affairs attorneys assist the Department of Public Safety, coordinating with Media Relations as necessary, regarding responses to public records requests, to help ensure that the University’s responses are compliant not only with the Public Records Act but also applicable privacy laws, such as FERPA.  

Privacy 

The University maintains several types of records that require privacy of certain information such as: student records, medical records, financial data, confidential information in regard to civil liability (e.g. defamation, private affairs not of public concern, false light), contractual obligations and ongoing investigations. The Office of Legal Affairs advises the University regarding compliance with HIPAA, FERPA, Gramm Leach Bliley Act, as well as protocols and best practices.

Immigration 

The Office of Legal Affairs handles the University’s employment immigration needs in compliance with applicable federal regulations.  They additionally work with the University’s hiring departments on immigration sponsorship, that is, taking the steps to enable a foreign national to hold employment in the United States, typically through an H-1B visa, and if permanent authorization is desired, ultimately through securing a Green Card.

Intellectual Property

The Office of Legal Affairs, along with the Office of Technology Partnerships, supports the University’s intellectual property needs.  Intellectual property is the product of human intellectual creation.  The most common forms are patents, copyrights, trademarks and trade secrets.  Patents protect ideas and inventions; copyrights protect artistic expression; trademarks identify the source of goods; and trade secrets are proprietary business information.  

Compliance Matters 

Attorneys within the Office of Legal Affairs are available to assist faculty and staff members in navigating through the applicable federal, state, and local laws and regulations in order to ensure compliance within all University programs and transactions. 

Governance

The University’s governing documents set forth the University’s purpose as a Catholic Marianist educational institution, its 501(c)(3) non-profit status, the obligations of the various facets of the University community, and the governance procedures of the Board of Trustees. These documents include the University’s Articles of Incorporation, Code of Regulations, and Bylaws of the Board of Trustees, which are available online through the “governing documents” link on the Legal Affairs and President’s Office webpages.

Employment Matters

The Office of Legal Affairs advises the Office of Human Resources and the Provost’s Office regarding the legal aspects of recruiting, hiring and employment issues, including but not limited to general personnel issues, disciplinary action, terminations, employment compliance regulations and related University policies and procedures.

Contract Development

The Office of Legal Affairs can create contracts (whether formal or informal) for any arrangement that arises in the business of the University.  Complicated agreements may take several weeks to draft (in addition to time that might be required to negotiate with the other contracting party), but for simpler or more routine agreements, the legal work can be turned around more quickly.