Frequently Asked Legal Questions

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    FREQUENTLY ASKED QUESTIONS
    GENERAL
     
     
    1. Who does the Office of Legal Counsel represent?
    The Office of the Legal Counsel provides legal advice on various issues impacting the District  including staff and senior management.
     
    1. Can the Office of Legal Counsel give legal advice to individual faculty members or students on non-college matters?
    No.   Legal Counsel represents Madison College and does not provide any legal advice regarding the personal matters of staff or students. Legal Counsel only represents the institution.  We may be able to refer you to outside attorneys.
     
    1. What type of legal services does the Office provide?
    The Office of Legal Counsel is responsible for providing a full range of general legal services including advice on copyright law, tort settlement, risk management, contract review approval and development, policy development, compliance, public records law, record retention, FERPA issues, ADA advice and such other matters that arise.
     
    MATC retains outside counsel for the District Board, employment issues, litigation, workload overload and for any areas that require specialized services.
     
    1. How can I contact the Office of Legal Counsel?
    The Office of the Legal Counsel is located in the Administration Building Room 161. Carolyn Jarrett, Legal Counsel, may be reached at (608) 243-4448. You can also email her at cjarrett@matcmadison.edu. 
     
    1. May I retain outside counsel for a College matter?
    No.  Only the Office of the Legal Counsel, the President, or any of the Vice Presidents may retain outside counsel. If you believe outside counsel is needed for a College matter, you should contact Roger W. Price who will determine whether outside counsel is necessary and appropriate.
     
    1. Is what I tell you confidential?
    It is privileged as to third parties, but not as to other College officials, but we will try to keep it confidential to the extent we can. We will ask you in advance as to what you consider confidential.
     
    1. Am I indemnified if I am sued in connection with College business?
    Generally, yes as long as you are acting in good faith and in the scope of your employment.
     
    1. I have been contacted by a third party and been asked to forward to them a copy of a student’s transcript and student file. Do I have the authority to access these files and forward them to a third party?
    No. This is the function of the Enrollment Center. While a school official, including a member of the faculty, may have access to and obtain a copy of a student's educational record for a legitimate educational interest, ordinarily the student's educational record is confidential and cannot be viewed, accessed, or released without the student's explicit permission. The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, is a Federal law that limits the disclosure of a student's educational record in order to safeguard the privacy of such information. This also means that faculty should take extra caution to protect student educational records at all times.
     
    1. To whom should I report activity that I think may be fraudulent or illegal activity?
    Report any suspected fraudulent activity to Legal Counsel and Internal Audit. You may refer to the Whistleblower policy for more information. Internal audit, in consultation with the President, will determine if the allegations should have further inquiry. Confidentiality will be maintained as best as possible but cannot be guaranteed in all cases.
     
    1. What is a subpoena and what happens if I am given one?
    A subpoena is an order from a court, tribunal (or certain other bodies) requiring the party named in the subpoena to:
      • attend the court or tribunal to give oral evidence; and/or
      • produce a document, documents or other evidence to the court or tribunal (that is, a subpoena to attend to give evidence)
    A subpoena must be complied within the time frame specified in the subpoena. Not complying with a subpoena constitutes contempt of court, unless the recipient party successfully applies to have the subpoena set aside.
     
    The College receives subpoenas from time to time that requires it to produce documents. The Office of Legal Counsel should be consulted on subpoenas served to produce documents.
     
    Legal Counsel cannot accept service of subpoenas to attend to give evidence. These type of subpoenas must be served directly on the individual called upon to give evidence. The Office of Legal Counsel may provide advice and assistance in relation to the subpoena if College matters are involved.
     
    Last Modified: February 9, 2010