FAQs
We have included this section in our web page to provide Boston University faculty and staff with general information only. This information does not substitute for legal advice that can be obtained from talking to one of the attorneys in our office. If you are involved in any of the situations described in the FAQ section, you should not hesitate to contact OGC.
What should I do if I receive a subpoena, summons, complaint or other legal papers relating to my work at Boston University?
What if I receive a letter or phone call from an attorney relating to my Boston University work?
Will the university represent me if I have been sued?
I need to use outside counsel. How do I hire a lawyer?
Are my communications with the Office of the General Counsel confidential?
Can I sign a contract on behalf of Boston University? If not, who can sign?
I’ve been injured in connection with my work at the University. What should I do?
Someone else was injured at the University or in connection with a University event. What should I do?
What should I do if I have an ethical concern?
What should I do if I receive a subpoena, summons, complaint or other legal papers relating to my work at Boston University?
If a process server or other individual asks you to accept service of legal papers, such as a subpoena, summons or complaint, direct that individual to the Office of the General Counsel at 125 Bay State Road. If you receive legal papers related to your work at the University, contact the Office of the General Counsel immediately at (617) 353-2326. We’ll take it from there.
What if I receive a letter or phone call from an outside attorney relating to my work at Boston University?
If an outside, non-BU attorney contacts you about your work at Boston University, let the attorney know that he or she will need to speak with the University’s attorneys, and ask him or her to contact the Office of the General Counsel at (617) 353-2326. You should not communicate with or respond to attorneys who have made or plan to make claims against the University. If you receive a call, correspondence or any other form of communication from an outside attorney relating to your work at Boston University, contact the Office of the General Counsel immediately at (617) 353-2326.
Will the university represent me if I have been sued?
In most cases, if you are being sued because of your work at the University, the University will represent you as provided by Article V, Section 2 of the University’s By-Laws. There are certain exceptions, however, including suits based on willful, reckless, grossly negligent acts, acts in violation of your duties to the University or acts in violation of public policy.
I need to use outside counsel. How do I hire a lawyer?
The Office of the General Counsel provides legal advice concerning the entire spectrum of the University’s operations. However, if you believe your work for the University may require the services of outside legal counsel, contact the Office of the General Counsel to discuss the situation. Only the Vice President and General Counsel may retain lawyers or law firms to provide legal services for the University (or any of its units). The General Counsel will determine whether the matter may be handled more effectively by in-house attorneys or by outside counsel.
Please be aware that outside legal advice is expensive. The General Counsel will select, approve, and supervise any outside counsel and the University will not pay outside counsel unless that has occurred. This is to ensure consistent, competent advice to the University and to control costs.
Are my communications with the Office of the General Counsel confidential?
When the purpose of a communication between University employees and University lawyers is to request and provide legal advice, those communications are confidential or “privileged.” This attorney/client privilege is critical for ensuring that clients speak freely with their attorneys, and allows attorneys to provide candid advice. However, the privilege is the University’s; communications between individual employees and University employees may be disclosed to other administrators or to outside counsel retained to represent or advise the University on a “need to know” basis.
For the privilege to apply, you should never discuss your communications with a University attorney with anyone outside of the University. Even within the University, you should take care only to discuss the communications with others who have responsibility for the issue at hand. Disclosure of those communications risks waiving the privilege, which means the communications would no longer be confidential. Keep in mind that forwarding an email with legal advice could waive that privilege.
Can I sign a contract on behalf of Boston University? If not, who can sign?
As a general rule, no. Employees of Boston University are not authorized to sign contracts on behalf of BU departments, schools, or colleges. If you are considering buying goods or services contact Sourcing and Procurement, which will obtain the appropriate signature. For research-related agreements you should connect with the appropriate office as identified here. If you have another type of agreement feel free to reach out to us.
I’ve been injured in connection with my work at the University. What should I do?
If you are injured in connection with your work at BU, you should report the injury to Risk Management immediately.
Someone else was injured at the University or in connection with a University event. What should I do?
There are a lot of of people present on our campus every day. This may include students, family members and visitors, as well as members of the public. Sometimes, unfortunately, an accident occurs involving one of these people. If you witness an accident, or if someone reports to you that they just had an accident, here are the procedures to follow:
The first concern is for the person who just had the accident. Ask if they were injured as a result of the accident. If the injury requires immediate medical attention, call the Boston University Police Department (617-353-2121) at once. Regardless of the extent of injury, as much information as possible should be gathered at the time of the accident, while all the details are still fresh, in order to fill out a thorough Incident Report. This report should be emailed (riskhelp@bu.edu) or faxed (617-353-8028) to Risk Management with the original to follow in the mail (25 Buick Street, First Floor, Room 130).
Do not automatically accept responsibility for the accident. There are a number of factors involved in determining liability for an accident and presence on University is only one. Risk Management will investigate the accident and will handle any related claims.
What should I do if I have an ethical concern?
BU is committed to the highest standards of ethics. That commitment is embodied in the University’s Code of Ethical Conduct. There are a variety of ways to report ethical concerns, including an anonymous hotline. All reports submitted through the anonymous hotline will be investigated promptly and discreetly by the University, receiving careful consideration with the objective of addressing any improper conduct or violation of University policy.