FAQs About the Office of Legal Affairs and Legal Issues You May Encounter
General Questions
Notary Services
If you are using a University logo as part of your job, such as on documentation you create in your UD work, be sure you do so in a way that follows the University's brand guidelines (available at the following link: www.udayton.edu/brand) and that you do not alter the way the logo appears. That is, do not change the light to dark and vice versa, do not change the colors (except you may change to grayscale), and do not change the proportionality (i.e., keep the lock aspect ratio), etc. For example, in the stacked logo pictured here, it is important that the 2 panes of the chapel are white, and that the total logo width is about 2.5 times the height.
If you are using the logo outside your employment for the University, please request a license to do so. More information is available at the University's Logo Request webpage
Definitions
“Preponderance of evidence” is a standard of proof used in some internal University proceedings, such as Title IX investigations. Practically speaking, what the standard means is: “Is it more likely than not that what the complainant alleges to have happened actually happened?” If the decision-maker in a proceeding (whether a student conduct hearing board, investigatory team, etc.) determines it is more likely than not that the alleged event occurred, then the factual finding will be that the event did indeed happen. Sometimes this is described as "50% plus a feather." If the persuasive value of the evidence is so evenly balanced that the decision-maker is unable to say whether the alleged event occurred, then the factual finding will be that the event did not happen.
A tougher standard is used in criminal prosecutions. Specifically, if an offense were charged by the Montgomery County Prosecutor’s office, ultimate conviction would require a finding that it is “beyond a reasonable doubt” that the elements of the offense were indeed met. Under Ohio law, “‘Reasonable doubt’ is present when the [decision-makers], after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. . . . ‘Proof beyond a reasonable doubt’ is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person's own affairs.” O.R.C. § 2901.05.
Questions Relating to Contracts
Generally only vice presidents are authorized to sign contracts; click on the link for the Guidelines for Contract Review and Signature Authority. Certain categorical exceptions exist to this general framework, and depending on the situation, the unit’s vice president could do a delegation just for an individual specific contract. Legal review and review by other stakeholders at the University are required in most instances. To begin this workflow, go to go.udayton.edu/contractreview. Please allow at least two weeks for the required review. For more information, please contact Legal Affairs.
If you are a vice president and have signature authority by nature of your position, you may delegate to an individual, in writing, for a specific contract only. That written authorization should be retained with the contract. If you have signature authority because you oversee contracts that fit within a categorical exception (as outlined in the Guidelines), you also could delegate, in writing, on a specific contract basis (with the written authorization retained with the contract). Any categorical delegations should be avoided.
Effective July 1, 2019, expenditure authority is now separate from contract signature authority. To set up expenditure authority for someone, an email should be sent to the unit’s budget manager requesting that authority. The budget manager will then create a ticket request through TeamDynamix that routes through the Controller’s Office. Once the expenditure levels have been properly set up in Runway, the requesting budget manager will be notified.
Investigations / Contacts From Outside Counsel or Entities
Student Matters
University staff and faculty who have students reporting to them who have access to confidential information should take steps to ensure those students understand and agree to preserve the confidentiality of those records, and that they understand the confidential information may only be accessed consistent with their student-employment role. That is, student employees are not permitted to peruse confidential records just because they're "curious"; access must be required by the duties of the job. If education records will be accessed, you should make sure the student is aware of his or her obligation to comply with the University's Policy on Disclosure of Student Records (also known as the "FERPA Policy"). We recommend that you have all student employees with access to confidential information sign a Student Employee / Volunteer Confidentiality Agreement. The signed agreement should be kept by the office that hired the student employee.