About the University
What is the University’s legal name and legal status?
The legal name of the University of Arkansas is “The Board of Trustees of the University of Arkansas”.
Even though the University is a multi-campus system, it is one legal entity, and “Board of Trustees of the University of Arkansas” is the name that the University uses when it enters into contracts, conveys and receives real property by deed, or is named as a party in other legal documents and actions. Although not required, the legal document may also reference the particular campus, division or unit involved. For example, a contract may read as follows: Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas at Little Rock.
How is the University governed? What is its constitutional status?
The Board of Trustees has legal control and responsibility for the functions of the University of Arkansas. It was created statutorily in 1871, and through subsequent legislation was declared a body corporate and politic. The composition and powers of the Board are set out in A.C.A. § 6-64-201 et seq.
What is the University of Arkansas System?
The University’s multiple campuses, divisions, or units, along with the System Office, are collectively referred to as the University of Arkansas System (the “System”).
What are the University policies and procedures? Where can I find them?
The Board Policies are established by the Board of Trustees of the University of Arkansas and applicable to all campuses, divisions and units of the UA System, and University employees. They are available electronically at https://www.uasys.edu/policies/board-policies/
UA Systemwide Policies and Procedures (UASPs are instituted by the President’s Office with the purpose of providing guidance and direction to campuses regarding certain administrative subjects. This may include guidance related to existing Board of Trustees Policies and other guidance that cannot be appropriately addressed in Board Policy. They are available electronically at https://www.uasys.edu/policies/ua-system-policies/
Each individual campus may also implement policies and procedures to either address specific campus needs or carry out Board Policies or UASPs. Campus policies and procedures are generally available on the campus website. All campus policies and procedures are subject to Board Policies and UASPs.
About the Office of General Counsel
What is the role of the Office of General Counsel? Who does it represent?
The Office of General Counsel provides legal representation to the Board of Trustees, the President, all administrators in the University of Arkansas system, all of the fourteen campuses, the Division of Agriculture, all of the various other units within the system, and all University employees acting in their official capacity. It provides in-house advising on a wide range of legal matters and represents the University and its employees in litigation.
The Office of General Counsel does not represent employees in personal matters.
The Office of General Counsel does not generally represent students, other than in limited circumstances where a student is performing an official function on behalf of the University.
The General Counsel is appointed by, and directly reports to, the President of the University.
How do I contact the Office of General Counsel? Which attorney should I contact?
The General Counsel is located at the system administration office in Little Rock. The other attorneys who make up the Office of General Counsel are located at the system administration office in Little Rock and on the campuses at UAF, UAMS, UALR and the Division of Agriculture.
Office of General Counsel
University of Arkansas System Administration
2404 North University Avenue
Little Rock, AR 72207
(501) 686-2515
Office of General Counsel
Located at: University of Arkansas, Fayetteville
Administration Building
1125 W. Maple
Fayetteville, AR 72701
(479) 575-5401
Office of General Counsel
Located at: University of Arkansas for Medical Sciences
4301 West Markham Street, Slot 860
Little Rock, AR 72205
(501) 686-7608
Office of General Counsel
Located at: University of Arkansas at Little Rock
2801 South University Avenue
Student Services Center, Ste. 413
Little Rock, AR 72204
(501) 916-5699
Office of General Counsel
Located at: University of Arkansas, Division of Agriculture
Cooperative Extension Service
2301 South University Avenue
Annex Room 105
Little Rock, AR 72204
(501) 671-2097
Attorneys can be reached at the locations and phone numbers listed. For a list of the individual attorneys in our office and their e-mail addresses, click here.
The Office of General Counsel provides legal advice to persons who act on behalf of the institution, and it does not provide advice on personal matters.
If you are unsure which attorney to contact, please call us and a member of our staff will help you.
What should I do if I receive a subpoena?
A subpoena is a command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum requires production of documents and other things.
If you are served with a subpoena (in which a person hands the subpoena to you) or if you receive a subpoena by mail, you should note the date you received it and immediately contact one of the attorneys in the Office of the General Counsel. You should never ignore a subpoena, as a failure to appropriately respond to a subpoena could result in an order for your arrest for contempt of court.
What should I do if I learn about a lawsuit against me or the University? What should I do if I receive a summons?
A summons is an instrument used to commence a civil lawsuit.
If you receive a summons by service or mail, you need to note the date you received it and immediately notify one of the attorneys in the Office of General Counsel.
A defendant in a lawsuit has a specific period of time, usually 20 or 30 days but possibly shorter, in which to appropriately respond to the lawsuit. A failure to respond could result in a default judgment being taken against you.
A failure to notify the University that you have been sued could result in the University refusing to provide you with a defense in the matter.
If you learn that the University has been sued in a matter in which you are involved, you need to contact the Office of General Counsel immediately.
No campus, division or unit (or any employee of such) should undertake the investigation, defense or settlement of a lawsuit against the University. Lawsuits should be referred to the Office of General Counsel immediately. Claims that are not yet the subject of lawsuits should also be referred immediately to the Office of General Counsel.
Under no circumstance should a campus, division or unit (or any employee of such) pay money to settle a claim without the express approval of the Office of General Counsel.
What should I do if I’m contacted by an attorney about a University matter?
If you are contacted by an attorney about a University matter, you are not required to talk with that attorney until you have consulted with one of the attorneys in the Office of General Counsel.
If you are contacted by an attorney about a University matter, either direct the attorney to the Office of General Counsel or obtain the attorney’s name and contact information and tell him or her that you will be contacting the Office of General Counsel regarding the request for information. You should then contact an attorney in the Office of General Counsel, who can advise you and work with you in responding to the outside attorney’s request.
What should I do if a governmental agency requests University information or if I become aware of a government investigation involving the University?
You should contact the Office of General Counsel. This does not apply to persons who initiate a complaint against the University or University personnel that is the subject of the government investigation e.g., filing an EEOC charge.
What happens if I’m sued in connection with my work for the University?
Generally, the University will provide the defense and protection against loss, damage or expense for employees of the University of Arkansas acting in good faith and when it is in connection with any claim or suit allegedly arising out of the performance of duties for, or employment with, or by the University of Arkansas.
However, no protection will be provided to employees if a court determines that action arose out of malfeasance in office or willful or wanton action or neglect of duty.
If you are sued in connection with your work for the University, contact the Office of General Counsel immediately.
Hiring Legal Counsel
Can my department hire an attorney for department or University related functions without consulting with the Office of the General Counsel?
No. The hiring of outside counsel for all University matters is done exclusively by the Office of the General Counsel. There will be a General Counsel attorney who is assigned to manage/oversee any legal matter involving University representation by outside counsel. If your department has a potential legal matter or concern, please contact the Office of General Counsel for advice and guidance.
Contracts, Leases, Agreements and Memorandums of Understanding
Do I have the authority to sign a contract, lease, agreement, or Memorandum of Understanding (MOU) on behalf of the University in order to purchase property, goods and services, to lease space, or to make promises obligating the University to do something?
Generally, no. A contract, agreement, lease or MOU is most often a document by which the University agrees to provide or pay for goods, property, or services or to take on responsibilities to do things. It can take many forms. Examples include purchase and sale agreements, leases, research contracts, agreements to provide services to others, affiliation agreements or an MOU to collaborate on forming programs.
Board Policy 300.1 provides for the delegation of authority to execute documents on behalf of the Board of Trustees, including contracts for the benefit of a campus, division, or unit of the University of Arkansas. UASP 300.1 provides additional guidance. Both should be reviewed to determine who has the authority to sign a particular document. Generally, almost all contracts between the University and others must be signed either:
- at the system level by the president or chief financial officer, or
- at the campus level by the chancellor, the provost, the vice chancellor for finance and administration, the vice chancellor or vice provost for research, the campus procurement director, the director of sponsored programs or the director of technology transfer.
While there may be other employees of the University to whom signature authority has been expressly delegated to sign contracts, more than likely the authority to sign a contract, lease, agreement or MOU for the University will rest with those identified above.
The fact that you are authorized to use the University’s procurement card or sign internal documents, such as HR documents, does not mean that you have the authority to sign contracts on behalf of the University.
In approving a contract as to “legal form,” the University’s attorneys do not normally investigate whether the person signing the contract has express signature authority unless requested.
You are responsible for ensuring that you have express signature authority for any contract that you sign. If you do not have express signature authority with respect to a prospective contract or are unsure, you should contact your immediate supervisor or the General Counsel’s Office to determine who should sign the contract on behalf of the University.
If you sign a contract on behalf of the University for which you do not have signature authority, the agreement will not be binding on the University. Additionally, you may be personally liable to the entity on the other side of the agreement and to the University.
Before execution, all contracts shall be either reviewed by the Office of General Counsel or by an attorney designated by the General Counsel’s Office. The General Counsel’s Office may approve form agreements for recurring types of transactions.
For more information, contact one of our attorneys.
Should I sign a non-disclosure agreement?
No. If you are presented with or want to enter into a non-disclosure or confidentiality agreement and you are acting in your capacity as a University employee, do not sign. You should contact the General Counsel’s Office for guidance.
Intellectual Property, including Copyrights and Trademarks
Where can I get information about the University’s policies on intellectual property?
The University’s policy on ownership and assignment of inventions, and the distribution of royalties resulting from the commercialization of inventions made by employees of the University during their employment by the University is contained in Board Policy 210.1.
The University’s policy on the ownership, use, and rights to income of copyrightable materials created by employees of the University during their employment by the University is also contained in Board Policy 210.1
Where can I find information about use of the University’s name, marks and logos?
The University and its campuses’ names, marks and logos are protected by trademark law and the use of such trademarks is governed by Board Policy 100.7.
Information on the use of the name or licensing of these marks may be obtained by contacting the Office of General Counsel.
Where can should I do if I am accused of copyright infringement for use of images I placed on a University website?
You should contact the Office of General Counsel.
Records/Arkansas Freedom of Information Act (FOIA)
What’s FOIA?
The Arkansas Freedom of Information Act (FOIA) is the name commonly used to refer to Arkansas’s open meetings and records statutes, which are found in A.C.A. § 25-19-101 et. seq. In general terms, FOIA identifies which records and meetings of public governmental bodies in Arkansas are open to the public, and under what circumstances they may be closed.
Board Policy 270.1 provides guidelines for the handling of and responses to requests for public records under the FOIA by the System, campuses, division and units.
Pursuant to Board Policy, the President, Chancellors, and heads of divisions and other units shall designate an official to coordinate requests to inspect and copy public records under the FOIA and to assist the requestor in identifying the appropriate custodian of such records.
As a general rule, a records request must be made by an Arkansas citizen and be sufficiently specific to enable the custodian to locate the records with reasonable effort.
If the records are available, the records should be provided immediately. If the records are in active use or storage, the University must notify the requestor of such. In those circumstances, the FOIA allows up to 3 days to respond.
University personnel who have questions concerning FOIA are encouraged to contact the Office of General Counsel.