Legal Matters
Eligibility
In order to be eligible for the protection from liability, there must be an initial
determination by the University that the claim or suit arose from sanctioned University
activities that fall within the scope of the faculty or staff member's employment.
In addition, the University must determine if protection is permitted by the Bylaws. In
determining whether the University is permitted by its Bylaws to provide this protection, it
must be shown that the faculty or staff member acted in good faith, acted in a manner that he
or she reasonably believed to be in the best interest of the University and acted without gross
negligence or willful misconduct.
If the University determines that providing protection is appropriate, the University will
control the manner in which such protection is provided, including, without limitation, the
decision to retain counsel, selection of counsel, strategy decisions and settlement negotiations.
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General Approach To Follow
The following should be referred immediately to the Office of the Vice President
and General Counsel:
- All documents, subpoenas, court papers, letters, or contacts relating to pending or potential legal proceedings or governmental investigations
- All documents, questions, or contacts from an attorney or law enforcement or regulatory authority, whether or not it is requesting information and whether verbal or written
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Exception to the General Approach
Some GW employees interact with regulatory agencies as part of their day-to-day work. This
guideline does not prohibit such usual and customary interactions with federal agencies.
However, employees should contact the Office of General Counsel under certain circumstances.
Refer to the Procedures Governing Summonses, Subpoenas, Lawsuits, Notices, and Letters from Lawyers
for more information.
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Procedures To Follow
If a supervisor or employee experiences any of the following, he or she should follow the
procedures found in Procedures Governing Summonses, Subpoenas, Lawsuits, Notices, and Letters
from Lawyers:
- If a process server appears at the supervisor's home or office with a summons or subpoena
- If the supervisor receives a summons or subpoena via US or certified mail
- If the supervisor receives a bankruptcy or garnishment notice
- If the supervisor receives a call and/or visits from attorneys, law enforcement officials, or regulatory agency investigators, including calls and visits from the FBI, CIA, and INS and demand letters or other inquiries from attorneys
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