General Counsel Home

Obtaining Services
from Our Office

Staff Biographies

General Guide to Staff Responsibilities

Frequently Asked Questions

CMU HIPAA Web

Board of Trustees Manual

Manual of Policies, Procedures & Guidelines

Page Formatting for New Policies (PDF file)

Forms for Manual of Policies, Procedures & Guidelines

CMU Home

Who We Represent
Referral to This Office
Use of Outside Counsel
Subpoenas for Records
Subpoena for Appearance in Court
Freedom of Information Act Requests
Record Requests


Who We Represent

The Office of General Counsel represents Central Michigan University and the Board of Trustees. We do not provide personal legal advice to employees, nor do we represent CMU students. Students in need of legal advice may contact Eight Cap Community Services at 989-772-0110, or Legal Services of Eastern Michigan at 1-800-322-9142.


Referral to This Office  [back to top]

Referrals for legal help in the Business Division go through the Vice President. In the Academic Division, referrals go through the Deans’ offices. The Provost and Vice Provosts may also refer people and problems.

This referral procedure has been established to assure policy review of matters before they are sent for legal review, and to be sure the Dean or Vice President knows what legal problems exist within his/her area of operation. The procedure avoids requests for opinions that have already been provided to others in the same college or division, and it provides an opportunity for the Dean or Vice President to decide he/she does not want the problem handled as a legal issue. This procedure also enables us to avoid providing personal legal advice or advice which will be used against the University. This in turn allows our office to be more productive.

We cannot usually provide legal advice with 24-hour or 48-hour turn-around. Of course, we recognize that emergencies will arise, and we will do our best to give immediate attention to such situations.

In a few situations, a Vice President or Dean has approved direct referrals of certain kinds of problems.

There are two situations where a referral is not needed, because it is imperative that our office become involved immediately. First, INVESTIGATORS, except for routine Veterans Administration personnel and United States military security checks where consent forms have been obtained, shall continue to be referred to the Risk Manager or the Office of General Counsel by any member of the University community. Such investigators include insurance investigators, civil rights investigators, safety investigators, representatives of the American Civil Liberties Union, etc. Either the Risk Management office or the Office of the General Counsel is the appropriate contact for such investigators and we will, where appropriate, assist in facilitating the investigation.

Second, the Office of General Counsel shall be notified immediately and directly of any SUBPOENAS, FREEDOM OF INFORMATION REQUESTS or RECORD REQUESTS (see specific discussion below) which are served to, or received by, a University employee or office. In most cases, persons serving subpoenas or other legal papers should be referred to the President's Office, because University employees do not have the authority to accept service of process on behalf of the University. Persons wishing to make Freedom of Information Act (FOIA) requests should be directed to one of the University's Freedom of Information Officers. For requests concerning the Academic Division, the FOIA Officer is Robert C. Martin, Associate Vice Provost; for requests concerning the Business Division, the FOIA Officer is Barrie J. Wilkes, Interim Associate Vice President & Controller, Financial Services & Reporting.


Use of Outside Counsel  [back to top]

ONLY THE GENERAL COUNSEL MAY HIRE OR RETAIN ANY ATTORNEY FOR ANY PURPOSE, AND THE GENERAL COUNSEL MUST APPROVE ALL PAYMENTS TO ATTORNEYS. With only two in-house attorneys and one legal assistant, the University refers a number of matters to private counsel. All such referrals must continue to be made by the General Counsel.

It is essential that one office know of, and be involved with, all retention of outside counsel. The actions which an attorney may take in representing the University can bind us legally for all time. An action beneficial to any one segment of the institution might be inconsistent with the overall needs of the institution.

Occasionally, some offices or some attorneys will say the attorney is not being consulted for legal work, but in some other capacity. To avoid confusion on this matter, if the person offering the services is a licensed attorney, she or he is subject to this procedure. The only exception is that persons who are attorneys will continue to be retained to instruct classes and give public presentations without the involvement of this office.

Our office strives to have someone available at all times to assist you and your faculty and staff in obtaining legal services.


Subpoenas for Records  [back to top]

University offices often receive subpoenas from outside parties for production of records. Subpoenas for records normally require responses within specific time periods, and the responses are governed by often complex laws that mandate what information and records can and cannot be disclosed in certain situations. Therefore, it is imperative that all subpoenas received are immediately forwarded to our office for handling.


Subpoena for Appearance in Court  [back to top]

A University employee may receive a subpoena to testify in court. We strongly encourage employees to contact our office immediately when they receive a subpoena to appear. The General Counsel or Assistant General Counsel will be happy to answer any questions the employee may have on general trial procedure and testimony.


Freedom of Information Act Requests  [back to top]

The Freedom of Information Act (FOIA) requires the University to respond to requests within 5 business days and describes specific information that may be withheld from disclosure. Any employee or office receiving a FOIA request should forward it to our office as soon as possible. We will assist the University's FOIA Officers, or President, as necessary, in providing a timely and appropriate response to the requesting party.

For a complete description of the procedures for responding to FOIA requests, please refer to the University’s Freedom of Information Policy, accessible through the Administrative Policy Manual link in the left menu, above, then see #3-20.


Record Requests  [back to top]

The University often receives requests for records of a University employee or student. Such requests require specific authorization before records can lawfully be released and so must be promptly provided to the General Counsel’s office for handling.