Vice Chancellor & General Counsel

The Office of General Counsel provides legal and risk management support on an array of business and legal compliance issues, including but not limited to: contracts and purchasing; real estate; First Amendment; civil rights; tort claims; taxation; employment law; laws related to student privacy and educational access; intellectual property, technology commercialization and transfer, including new business start-ups and standards for monitoring conflicts of interest; complex University-industry business relationships; public-private partnerships; public and private financing arrangements; relationships with affiliated entities that support the University’s mission; athletics compliance including NCAA and Title IX; and overall institutional risk management. The Office of General Counsel works closely with functional leaders across the institution to help ensure that campus-operating policies are in compliance with federal and state laws and with overarching UNC policies. The office participates on a national level with other institutions in the development of policy recommendations for various federal agencies.

The General Counsel serves as the chief legal advisor to the Chancellor, Board of Trustees, executive officers, and other senior academic and administrative leaders on a broad range of laws, regulations, and policies that affect the University, with authority from – and in collaboration with – the Office of the Attorney General of the State of North Carolina. The General Counsel performs highly advanced and sophisticated legal work. Responsibilities involve directing and planning coverage of the legal portfolio, strategies and initiatives, activities, strategic risk management, compliance and integrity, interpreting laws, regulations, and policies, preparing legal documents, rendering legal advice and counsel, leading the preparation of materials of cases on behalf of the University for hearing or trial.

The General Counsel directs the Office of General Counsel and leads a team of attorneys, legal specialists and support staff. The position serves as a primary liaison on legal and policy issues between NC State University and the University of North Carolina’s System Office and its other constituent institutions, as well as federal and state agencies (e.g. U.S. Department of Education, Office of Civil Rights, and U.S. Equal Employment Opportunity Commission) as necessary.

Responsibilities include:

● Directs, supervises and assigns coverage of the University’s legal portfolio;
● Advises on the interpretation, application, and enforcement of applicable laws, regulations, and policies;
● Oversees and reviews policies and regulations affecting the University’s operations and administration, and makes recommendations for changes, maintains documentation of University policies, procedures and regulations;
● Provides legal advice and opinions on policy decision-making to senior leadership;
● Acts as the Ethics Liaison for the Board of Trustees and the University;
● Provides representation for the institution with the NC Attorney General’s office in civil actions brought by or against the University;
● Participates in the University’s strategic planning process;
● Oversees the Organizational Compliance and Integrity Program;
● Assists in leading the Strategic Risk Management process; and
● Provides senior leadership oversight for public records responses and subpoenas.

The General Counsel provides leadership and active communication on legal and risk management topics of general interest to the University community, and legal consultation services to management to help ensure institutional compliance with law and policy. The position advises on opportunities and issues of concern across the range of topics applicable to a public, land-grant university that has a high research presence and Power 5 athletics program; and prepares and delivers periodic reports on risk management and current legal issues to the Trustees, Chancellor, and other campus leaders.

This position sets priorities for the work of legal staff to ensure excellent client relations and positive outcomes for the institution. The Office follows an established strategic plan with five strategic goals.

The General Counsel provides consulting and project leadership as assigned by the Chancellor, as well as educational services on relevant legal topics for a wide range of audiences. These include internal and external programs on legal and policy content for legal and general audiences on matters affecting NC State University and higher education in general, including but not limited to: affirmative action; public records; Title IX; Clery Act; FERPA; and First Amendment issues.

The principal internal and external positions, departments, and organizations with which this position must maintain effective working relationships, include the following:

● The Chancellor – serving as senior staff advisor and provider of legal services to the Chancellor and serving as the Chancellor’s delegate as assigned. The position serves as part of the senior management team of the University, serves on the Chancellor’s Cabinet, and is responsible for program development and implementation as assigned by the Chancellor.
● The Board of Trustees (BOT) – advising and making recommendations on legal, risk management and policy matters affecting the institution, preparing policy documents and correspondence for the institution’s BOT, and advising on the legal aspects of BOT meetings. The position may also interact with the Board of Visitors (BOV) on legal or policy matters on items that come to the BOV for its information.
● Administrators of the University – providing legal consultation services, developing programs, and leading implementation of actions as appropriate. The General Counsel may provide services as a mediator or facilitator to address issues that arise among administrative units. The position must relate well to academic leadership, academic administrators, business and financial offices of the institution, public relations, risk management, human resources, and internal audit.
● Faculty, Staff, and Students – providing information and guidance concerning a wide variety of legal and business matters related to university activities. The Office of General Counsel does not provide personal legal advice to individuals.
● UNC System Office and various State agencies – exchanging information and guidance on matters involving legal issues and policies of the University.
● Outside law firms – selecting, overseeing, evaluating, recommending, and engaging outside legal counsel for the institution when appropriate, in accordance with the State of North Carolina procedures, and coordinating, supervising, and evaluating their work. This position determines when the University’s legal work cannot be most efficiently and cost-effectively handled internally and when it should be assigned to outside counsel, and then secures appropriate approvals from the Attorney General’s Office and Governor’s Office. Typically, outside counsel are used for bond, tax, and intellectual property matters.
● Office of Technology Commercialization and New Ventures (OTCNV) – representing the University’s interests by providing information and counsel around compliance with Bayh-Dole, federal and private industry sponsored research agreements, protection and enforcement of the university’s intellectual property and conflicts of interest. Supporting OTCNV in their mission to commercialize research through licensing agreements and the launch of university research-based startup companies.
● Private industry and Non-Profit and Governmental Organizations – collaborating or providing guidance on a wide variety of issues, including business relationships, financing techniques, capital acquisition, research relationships, technology development, clinical trials, equipment matters, stock purchases, and participation in limited partnerships.
● Counsel at other universities around the country – researching and collaborating on common issues.

The General Counsel is responsible for managing the diverse legal functions typical of a major public research university with complex legal needs including business transactions, federal, state and local regulatory matters, campus safety, research compliance, environmental law, athletics, employment law, and intellectual property law. The position ensures the delivery of timely, high quality legal services throughout the University.

The position is responsible for fostering the continuing development of the legal department as a strategic contributor to the University and is responsible for maintaining and further developing the proactive nature of the office through seminars, strategic involvement with clients, great customer service, and easy accessibility. The position is expected to create a positive environment where communication is encouraged and clients seek out the advice of the legal staff.

In order to responsibly advise on relevant legal matters, the position must remain current with the breadth of substantive information that is required. The position requires the ability to relate at all levels of the organization as well as externally under a wide variety of circumstances and often with little or no notice. The position also requires the ability to negotiate responsibly and – where necessary and appropriate – assertively on behalf of the institution when dealing with external entities and agencies, the ability to mediate disputes internally and externally, and the ability to shepherd the University’s legal resources in connection with university activities.

The position requires the ability to develop institutional programs “from scratch” and in many cases to implement them. Such activities require skills to responsibly research, advise, write, speak, and negotiate on legal matters.

In addition to advisory authority associated with the General Counsel position, the position also exercises executive authority, by delegation from the Chancellor. Examples of this type of authority include: the responsibility for program development, coordination and implementation within the institution (for example, corporate and regulatory compliance programs for the University; development of the policy and program for managing conflicts of interest; developing policies and programs for compliance with NCAA bylaws; developing programs and procedures for coordinating responsibilities for investigation and reporting matters to the State Bureau of Investigation; developing programs and procedures for coordination and administration of tort claims filed against the institution; developing and maintaining systems for revision of Board of Trustees policies and institutional academic and administrative regulations; serving as the Ethics Liaison under the NC Ethics Act, etc.).

The position also exercises administrative, managerial and supervisory authority over the Office of General Counsel and its attorneys, professional legal and support personnel.

The General Counsel serves on University policy committees as appointed by the Chancellor and provides advice to all other University committees. For example, General Counsel is a core member of the campus’s Crisis Communications Team and Emergency Operations Group; is a member of the University Compliance Steering Committee, and has served on other university policy committees addressing issues such as phased retirement and post-tenure review regulations and procedures. The position also works with the Faculty Senate and various senate committees on drafting or recommending revisions to policies. The Office of General Counsel is also represented on such university committees as the University Diversity Advisory Committee, Institutional Review Board, Council on Athletics, Research Operations Council, Behavioral Assessment Team, Study Abroad Emergency Response Team, Intellectual Property committee, the Scholarly Communications sub-committee and various other policy committees and search committees as appropriate.

The successful applicant will possess excellent academic credentials, including graduation from an accredited law school with an LLB or JD degree and be a member in good standing of the North Carolina Bar, or is required to pass the NC Bar and be licensed within 12 months of appointment. A minimum of 10 years of legal experience is required.

Substantive knowledge of legal principles, practices, and proceedings, and of the broad spectrum of laws, regulations, and policies that affect the University is required.

Excellent writing ability and advocacy skills are crucial. Demonstrated ability to establish productive working relationships in the delivery of legal services is required. The successful applicant should have evidence of senior level responsibility. The candidate must be able to demonstrate good judgment, work under time pressures, and have an ability to work effectively and collegially with a small legal team and a variety of senior-level administrators. The successful applicant must have a demonstrated strong client-service perspective; a keen understanding of the University’s operating environment, deal making and project management skills, business judgment, creative problem-solving and strategic vision.

20 or more years of legal experience is preferred.

Current license to practice law in North Carolina or ability to obtain license within 12 months of hire.

Applications should include a cover letter, resume, and contact information for three professional references. Inquiries and nominations should be directed to Justin Lang, Director, Executive Search Services, at 919-513-1963 or [email protected]. Confidential review of materials will begin on September 1, 2018, and will continue until the appointment is made.

NC State University is an equal opportunity and affirmative action employer. All qualified applicants will receive consideration for employment without regard to race, color, national origin, religion, sex, gender identity, age, sexual orientation, genetic information, status as an individual with a disability, or status as a protected veteran.

Individuals with disabilities requiring disability-related accommodations in the application and interview process, please call 919-515-3148.
Final candidates are subject to criminal & sex offender background checks. Some vacancies also require credit or motor vehicle checks. If highest degree is from an institution outside of the U.S., final candidates are required to have their degree verified at www.wes.org. Degree must be obtained prior to start date.

NC State University participates in E-Verify. Federal law requires all employers to verify the identity and employment eligibility of all persons hired to work in the United States.