Legal

Confidentiality/Non-Disclosure Agreements

For more information about Confidentiality/Non-Disclosure Agreements, please see the Office of Legal Affairs website:

Conflict of Interest

Conflict of Interest is a broad topic that affects faculty, staff and students. For more information, see:

Consulting

Consulting Agreements

For general information about Consulting Agreements and links to resources, please see the Office of Legal Affairs website:

Consulting/Expert Witness Services and Potential Conflicts of Interest

Last Revised: 
August 2013
Review Date: 
August 2016
Policy Statement: 

For more information about Consulting/Expert Witness Services and Potential Conflicts of Interest, please see the Office of Legal Affairs website:

Policy History: 
Revision DateAuthorDescription
08-2013Policy LibraryFixed Consulting/Expert Witness Services external link

Contracts

For information about:

Export Issues and International Travel

For information about Export Issues and International Travel, please see:

Intellectual Property and Copyright

Intellectual Property:

Copyright:

 

Minors on Campus

For additional information regarding Minors on Campus, please see the Office of Legal Affairs website here.

Open Records Act Policy

Type of Policy: 
Administrative
Effective Date: 
September 2012
Last Revised: 
September 2012
Review Date: 
September 2015
Policy Owner: 
Office of Legal Affairs
Contact Name: 
Kate Wasch
Contact Title: 
Managing Attorney
Contact Email: 
asklegal@gatech.edu
Reason for Policy: 

As a public institution, Georgia Tech is subject to the Open Records Act, O.C.G.A. § 50-18-70 et seq. The law requires that Georgia Tech make available for public inspection public documents within three business days of receiving a request. The purpose of this policy and its procedures is to ensure compliance with the law.

Policy Statement: 

Georgia Tech must respond to Open Records Act requests as required by the Open Records Act, O.C.G.A. § 50-18-70 et seq. (the “ORA”). With limited exceptions, Georgia Tech must respond to such requests within three business days. In response to an ORA request, Georgia Tech will allow the requester to view public documents and, for a fee, make copies.

The Office of Legal Affairs (“OLA”) has been designated by the President of Georgia Tech as the office responsible for responding to ORA requests on behalf of the custodian of the records. Departments and school, as custodians of Georgia Tech’s records, must work in cooperation with OLA to ensure Georgia Tech’s compliance with the ORA. The custodian of the records remains responsible for compliance with the ORA and for any civil or criminal penalties imposed for failure to comply.

Departments, schools, faculty or staff who receive an ORA request from any person, or an ORA inquiry from OLA, shall respond promptly, following the procedures in this policy.

Scope: 

This Policy applies to all Georgia Tech departments, schools, faculty, and staff.

Policy Terms: 

Public Records
All documents or other records (including video, audio, or electronic records) prepared or maintained by Georgia Tech, as well as documents prepared or maintained by its employees as part of their job responsibilities, are subject to the ORA. For example, employee notes of official University business (e.g., notes of meetings) are public, not personal, documents. The ORA includes “computer based or generated information” within the definition of a “public record.” This includes, for example, e-mail and logs kept on a server.

Custodian
The person responsible for maintaining the records in the ordinary course of business.

Procedures: 

See Office of Legal Affairs website.

Responsibilities: 

The Office of Legal Affairs
OLA has been designated by the President of the Institute as the office responsible for responding to ORA requests.

Georgia Tech Departments and Schools
Georgia Tech departments and schools are responsible for maintaining their own records and for collecting and preparing requested documents in response to an ORA request.

Enforcement: 

Any person who knowingly and willfully fails to respond to a written ORA request may be found guilty of a misdemeanor criminal act, and fined up to $1,000 for the first violation. Additional civil and criminal penalties may also be imposed.

Violation of this Georgia Tech policy may result in disciplinary action, up to and including termination of employment.

Policy History: 
Revision DateAuthorDescription
04-17-2012Office of Legal AffairsUpdate per change in ORA law.
10-12-2012Office of Legal AffairsEstablished a formal written policy.

 

Presidential Signature Authority

Type of Policy: 
Administrative
Effective Date: 
July 2011
Last Revised: 
November 2015
Review Date: 
November 2016
Policy Owner: 
Legal Affairs and Risk Management
Contact Name: 
Patrick McKenna
Contact Title: 
Vice President, Legal Affairs and Risk Management
Contact Email: 
pat.mckenna@carnegie.gatech.edu
Reason for Policy: 

The Board of Regents of the University System of Georgia (BOR) has delegated authority to the president of each system institution or their designee to execute certain types of agreements. This policy is intended to describe the process by which the President of the Institute may designate other Institute officials to execute, accept or deliver those agreements and the conditions under which the officials so designated are expected to act.

Policy Statement: 

The President of the Institute may, by written delegation, designate additional officials of the Institute to assist in executing Agreements in the name of the Georgia Institute of Technology on behalf of the Board of Regents.  A delegation of signature authority by the President shall apply to the incumbent in the position named in the delegation or in any position which replaces the named position. 

The individual exercising the delegated signature authority is expected to execute, accept or deliver only those Agreements that are specified in the delegation and are within the purview of the individual’s position.   Each such individual should act with the concurrence and approval of the senior leadership of their respective unit.

Only those individuals designated by the President may execute, accept or deliver Agreements in the name of the Institute.  A delegation of signature authority may not be further delegated.

Scope: 

This policy applies to the execution, acceptance and delivery of Agreements, including those agreements necessary for the day-to-day operation of the Institute.

This policy does not apply to Purchasing Agreements which should be reviewed, approved and executed by Georgia Tech Purchasing.

Definitions:
Agreements Those agreements described in the BOR policies (see Related Information below). The term includes any document entered into on behalf of the Institute in which the parties make legally enforceable commitments, whether or not titled a contract or agreement. Terms used to describe an Agreement may include letter of agreement, letter of intent, memorandum of understanding, consortium agreement, operating agreement, or equipment loan.
Purchasing Agreements Agreements for the purchase of supplies, materials equipment and certain contractual services of $10,000 or more. Authority to commit Institute funds for these purposes has been delegated to Georgia Tech Purchasing within the limits established by the State Department of Administrative Services.
Procedures:
Delegation of Authority Memorandum The President of the Institute may periodically issue a memorandum to confirm the conditions under which other officials of the Institute have been authorized to act in the place of the President. A Delegation of Authority Memorandum will supersede and replace all prior delegations.
Legal Affairs Review A delegation of signature authority shall, unless otherwise specified, extend only to standard form agreements that have been developed by the Office of Legal Affairs or to specific agreements that have been reviewed by the Office of Legal Affairs.
Responsibilities: 

Office of Legal Affairs. The Office of Legal Affairs (asklegal@gatech.edu) will assist in determining who is authorized to sign a specific Agreement.

Enforcement: 

Violation of this policy may result in disciplinary action up to an including termination of employment. Under Georgia state law, individuals who sign without authority may incur personal liability for any contracts they sign.

Policy History: 
Revision Date Author Description
 07-18-2011 Legal Affairs & Risk Management New Institute Policy
 09-25-2012 Legal Affairs & Risk Management Policy statement edited to limit scope to Presidential signature authority
 11-23-2015 Legal Affairs & Risk Management Updated policy

 

Software Licenses

For information about Software Licensing, please see: