The services provided by the Office of General Counsel cover a broad spectrum of issues affecting the entire Texas Tech University System, its component institutions, students, and employees. Our team of attorneys offer the below areas of practice:
OGC attorneys are engaged in the general practice of higher education law. We serve as legal counsel to System administrators and each component institution’s administrators, faculty, and staff, in their scope of employment. We are available to assist on all strategic projects, new initiatives, and legal matters, whether or not specifically described on this page. If you believe your matter will involve legal considerations or risk, please reach out to our attorneys as early as possible.
We advise component universities’ compliance offices and departments on a full-range of compliance issues. In coordination with the System Clery Compliance Director and university police departments, and in accordance with System Regulation 07.05, we advise on issues relating to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
Our team advises on constitutional law issues, including expressive activities protected by the First Amendment and Texas law (see System Regulation 07.04). We also advise on due process concerns related to student misconduct, academic dishonesty, and faculty misconduct.
We assist the System Office of Facilities Planning & Construction and each component university’s operations division in the construction process, including review of legal risk, design and construction contracts, and public art agreements.
Our attorneys review contracts pursuant to System Regulation 07.03 and are available to advise on all contracting, procurement, and transactional matters for each component institution and campus. Our attorneys have expertise in general purchasing, construction, real estate, IT, and intellectual property contracts and transactions.
OGC attorneys advise human resources departments and other offices on faculty and staff personnel matters and claims, including proposed terminations and other disciplinary actions, workplace investigations, staff and faculty grievances, discrimination and harassment claims, worker’s compensation claims, and unemployment claims. We also assist employee, faculty, and medical resident grievance committees regarding required procedures for determination of employee, faculty, and medical resident grievances.
We coordinate with other System and university divisions to assure prompt response
to ethics issues. Specifically, OGC attorneys support the System Office of Audit Services, when requested, in responding to reports to the ethics and compliance hotline. The
OGC reviews and participates in analysis of conflicts of interest in accordance with
the Texas Tech University System Regents’ Rules.
OGC advises all campuses in matters related to Graduate Medical Education, ranging from House Staff Policies and Procedures, contracts, international medical graduates, eligibility issues related to the Texas Medical Board, the National Resident Matching Program, resident disputes and grievances, regulatory and compliance issues and investigations.
Our attorneys maintain expertise in preparation and negotiation of a wide variety of academic and medical industry contracts including highly specialized contracts for medical affiliation, practice organization, and payment regulation.
OGC attorneys provide guidance and legal support for Correctional Managed health care matters, including employment matters, peer review issues, as well as the relationship between Texas Tech University Health Sciences Center and the Texas Department of Criminal Justice.
We maintain specific expertise in medical regulations affecting a wide variety of subjects including privacy, payment regulations, practice regulations, patients’ rights and student experience and accreditation.
OGC attorneys actively support and assist the Departments of Intercollegiate Athletics at Texas Tech University, Angelo State University and Midwestern State University in assuring compliance with NCAA and Conference Regulations and other legal matters. In addition, OGC maintains expertise in, and actively supports, athletic contracting with respect to broadcast and promotion opportunities, trademark/trade dress protection, and employment contracts.
Under Texas law, the Office of the Attorney General of Texas represents the System and its component universities in court. OGC attorneys coordinate with the Attorney General on all litigation affecting the System and its component universities. For matters in which claims are made against one of our universities or employees, when the claim arises out of performance of their work duties, OGC manages and assists in the defense of such claims. In matters in which the System or component university has need to pursue claims as a plaintiff, we manage such litigation as requested.
We review and evaluate claims and potential claims of medical malpractice reported to our office and, when possible, act to resolve legal matters before complaints are filed. Our office actively participates in claims prevention efforts and programs. When claims do become lawsuits, our attorneys actively manage and assist in the defense of such cases alongside the Office of the Attorney General, which provides lead trial counsel.
OGC attorneys advise the System Office of the Board of Regents and System community regarding the requirements of the Texas Open Meetings Act.
In accordance with System Regulation 07.02, OGC oversees and approves the use of outside counsel in matters such as immigration, intellectual property (including trademark and copyright issues), bond work, investment issues, and international law.
Our attorneys are available to advise medical care providers on patient care issues including consent issues, termination of care, confidentiality, end-of-life care, emergency detentions, patient complaints and medical records documentation.
In accordance with System Regulation 07.01, our office is responsible for processing and responding to public information requests made under state or federal open records laws. In the event a unit or department is in receipt of such a request, you should immediately forward the request to OGC. For more information about public information requests, please visit our Open Records page.
Our attorneys advise on myriad rules and regulations affecting the diverse activities of the Texas Tech University System, including general statutes and regulations as well as specific technical rules. We work with departments and divisions to answer questions and assist in all compliance matters.
We advise on student affairs issues, including student handbook and student disciplinary matters. Our attorneys advise student grievance committees regarding required procedures for processing of student grievances. Student grievance procedures are generally described in each component university’s Student Handbook.
The System and its component universities maintain independence from organizations, including 501(c)(3) and other tax-exempt organizations, that support the System and its institutions. When the System or a component university has a business, licensing, or related interest with a supporting organization, our attorneys will only represent the System and its component institutions with regard to that interest. Supporting organizations should maintain independent outside legal counsel.
Our attorneys maintain expertise in the various aspects of Title IX and provides relevant advice to university personnel. System Regulation 07.06 sets forth the System’s sexual harassment, sexual assault, sexual misconduct, and Title IX policy and complaint procedure. It has been incorporated by each component university in their respective operating policies.
Our attorneys assist the System Office of the Board of Regents in developing and maintaining the Regents’ Rules and System Regulations. Our office is also available to assist component institutions in the development and review of operating polices, and OGC should be included in the review and revision of any legal policies.