Frequently Asked Questions
Frequently Asked Questions
OLA provides legal advice and representation to RIT, including all its colleges, offices and departments. This includes providing advice and counsel to RIT’s trustees, officers, faculty and staff acting in their official capacities on a variety of issues affecting the Institute. The office does not and cannot represent individual faculty, staff members or students in personal legal matters outside the scope of Institute business.
OLA may represent you directly, or through counsel engaged by RIT, if you are sued in your official capacity as an RIT employee. OLA cannot provide legal advice or representation to students, employees or others related to personal matters.
Communications that RIT faculty and staff have with OLA attorneys, made in confidence, for the purpose of seeking or giving legal advice concerning RIT matters, are protected by the attorney-client privilege from disclosure to third parties, but may be shared with other University officials who have a need to know. However, we will make every effort to keep communication confidential to the extent possible. If you have any questions or concerns about the confidentiality of a particular conversation, you should ask the OLA attorney before the conversation begins.
No. RIT personnel should never contact outside counsel concerning RIT business; only RIT’s VP and General Counsel can retain and approve compensation for outside counsel on behalf of RIT. If you believe outside counsel is needed for an RIT matter, you should contact OLA. RIT’s VP and General Counsel will evaluate the matter and determine whether outside counsel is necessary or appropriate. If so, OLA will retain outside counsel with the required expertise.
It is the policy of RIT to require legal service of a properly issued subpoena from any individual or governmental entity seeking information from RIT. Additionally, in the event legal action is brought against RIT, it is required that the legal action be properly served on RIT. RIT's Office of Legal Affairs is the only department on campus authorized to accept service on behalf of RIT. Therefore, in the event that a process server tries to serve you or your department with legal documents (e.g. Summons and Complaint or Subpoena), you should politely decline and direct them to the Office of Legal Affairs located on the third floor of the University Services Center. If you are served documents that name you personally in your official capacity as an RIT employee, notify OLA immediately and forward the documents to this office. OLA will review the documents, determine what steps are necessary and discuss your involvement with you, if any.
If you are being served with a subpoena or other legal document addressed to you concerning a non-RIT matter, you should seek the advice of your own private counsel.
If you are contacted by an attorney in connection with RIT business or your work for RIT, please notify OLA immediately. OLA will work with you to determine what steps are necessary. Do not speak or correspond directly with an attorney representing someone outside of RIT who has a pending legal matter or is threatening legal action. If an employee learns of facts which may lead to a claim or lawsuit being filed against RIT, the employee should immediately report the matter to OLA.
No. RIT’s Vice President and General Counsel has been appointed to serve as the legal adviser to RIT. Only attorneys in the Office of Legal Affairs can provide legal advice and representation to RIT.
Under federal and state law, RIT has a duty to identify and preserve records that relate to anticipated or pending litigation, or other legal or administrative proceedings involving RIT. A litigation hold is a notification sent from the Office of Legal Affairs to RIT employees, agents, or representatives instructing them to preserve and/or produce RIT Records (as defined by RIT Policy C22.0) and to not delete electronically stored information or discard hard copy documents that may be relevant to the underlying matter. A legal hold notice means you may have relevant information and does not necessarily mean that you are directly involved in the legal action.
THIS PRESERVATION OBLIGATION REMAINS ON THE RIT RECORDS EVEN IF YOU LEAVE YOUR DEPARTMENT OR RIT!
Once the matter has been completely resolved, OLA will release the hold placed on the RIT Records so retention/destruction the provisions of C22.0 may resume.