General Counsel

The Office of Compliance & General Counsel provides legal counsel to the Chancellor and President, Cabinet Members, and the Board of Regents striving to offer timely and responsible advice about the broad array of legal issues that face modern, public, complex institutions of higher education, particularly regarding compliance, liability & risk.  Responsibilities include, providing counsel and advice on employment and civil rights complaints, tort/personal injury matters, student conduct, grievances, policies and procedures, and claims. Provides legal advice on matters concerning the rights, obligations, and privileges of the university including representation in hearings and other judicial proceedings.  Performs accountable and responsible legal and compliance work involving representation and interpretation of statutes pertinent to the University including oversight of compliance risk assessments.  The position will work closely with department heads, deans, chairs, managers and supervisors, including related programs and individuals throughout the University to establish a culture of compliance with university policies, state and federal regulations. 

ORGANIZATIONAL RELATIONSHIPS

Reports to:       Chancellor and President

Supervises:       Assistant General Counsel, Director of Compliance, and Sr. Administrative Assistant.  

PRIMARY DUTIES - May include, but not limited to the following:

Contractual

Advises administrators on legal matters including legal documents, transactions and contractual obligations.
Advises university personnel on all matters related to intellectual property.
In accordance with state rules and university policies, handles negotiations and problems associated with contracts and agreements.
Supports academic agreements, contract and document review and drafting.
Handles real estate, sales, purchases and easements including oil and gas leases and contracts.
Monitors and handles affiliation agreements and contracts for grants, and sponsored programs.
Responsible for establishing job standards for subordinate staff and effectively evaluating staff under charge.  The performance evaluation is conducted through the performance evaluation system and in accordance with the University Policies & Procedures. 
Investigations

Either coordinates with others or conducts fact-finding including interviewing the complainant, respondent and potential witnesses, assessing the credibility of witnesses, drawing conclusions, preparing detailed written investigatory reports and making recommendations for action.
Handles mediations and other dispute resolution matters. 
Statutes

Oversees the Office of General Counsel.
Provides counsel and advice on employment and civil rights complaints, tort/personal injury matters, student conduct, grievances, policies and procedures, and claims.
Reviews and recommends changes to TWU policies and procedures by interpreting state and federal regulations.
Issues and provides written legal opinions including documentation and research of legal opinions.
Provides legislative review, analysis, and research as requested.
Advises on Open Meetings Act, postings, and notices.
Authorizes, supervises, and monitors the work of outside legal counsel.
Works with Public Information Act Coordinator.
Serves as the University Ethics Officer.
Serves as General Counsel to the Board of Regents.
Serves as designated Open Records Officer for the University.
Monitors and measures the effectiveness of the efforts in records retention, disclosure of public information for regulations such as FERPA, Clery Act, Titles VII, IX and ADAAA.
Disseminates policies/regulations and university rules and procedures electronically, and maintains the related university policies website.
Oversees HIPAA policies; including assured compliance with standards of privacy, security and data standardization of personal health information required by federal HIPAA and state privacy legislation.
Communicates and interacts with the Attorney General's Office or other legal, contractual or regulatory dealings with state, federal or private organizations, including but not necessarily limited to the EEOC, OFCCP, DOL, TWC, TCHR, NCAA, OCR, athletic conferences, and similar agencies. 
Compliance

Oversees the Compliance Office Department and provides status reports to the university leadership
Oversees and monitors the implementation of a centralized compliance program including working with representatives from various departments. Monitors regulatory development in order to serve as an in-house expert on compliance matters.
Oversees an effective system of legal and compliance controls which provides reasonable assurance that university operations are effective and efficient, assets are safeguarded; financial information is reliable and compliant with applicable laws, regulations, policies and procedures.
Develops, initiates, maintains, and revises compliance policies, procedures and practices for the general operation of the University and its related activities to prevent illegal, unethical, or improper conduct.
Oversees the development of a "Compliance Manual" which documents the compliance structure and outlines the procedures to assess and assure program effectiveness.
Creates and implements a comprehensive group of checklists and management tools that document requirements and University compliance.
Oversees the communication of changes in standards of affected university departments and their implementation; oversees coordination of compliance training within those university departments as needed; oversees the maintenance of updated compliance information on the university website.
Reports on a periodic basis to the Chancellor and President and Board of Regents on the progress of implementation, and assisting them in establishing compliance programs.
Establishes and maintains a hotline that allows employees to report instances of suspected non-compliance in a manner that assures no retaliation. Oversees compliance program investigations and monitors the investigations conducted by other appropriate University personnel.
Responds to alleged violations of rules, regulations, policies and procedures by evaluating and initiating investigative procedures when appropriate.  Develops and oversees a system for uniform handling of such violations.
Identifies potential areas of compliance vulnerability and risk; develops/implements corrective action plans for the resolution of problematic issues, and provides general guidance on how to avoid or deal with similar situations in the future.
Reviews and may suggest modifications of faculty, staff and student policies and handbooks.
Oversee ethics reporting hotline.
Assists in the design and implementation of compliance communications.
Participates in compliance risk assessments.
Ensures all university received audit recommendations related to compliance are implemented in a timely manner.
Ensures an effective institution-wide compliance training program.
Advises the University Compliance Committee.  
ADDITIONAL DUTIES 

Performs special projects for Chancellor & President and Board of Regents.
Performs other duties as requested.
KNOWLEDGE, SKILLS, AND ABILITIES - The following are essential: 

Ability to handle confidential and sensitive matters with discretion and neutrality.
Ability to perform analytic thinking and attention to detail to detect patterns in data and derive improvement measures.
Ability to negotiate and resolve highly sensitive, complex and/or unprecedented problems.
Ability to plan, direct, and evaluate a complex operation, using human resources,  time, funds, and other resources for the accomplishment of long-term and short-term goals of the institution.
Ability to establish and maintain effective work relationships with administrators, students, faculty, staff, and the public.
Ability to provide administrative guidance within area of responsibility, providing direct training and supervision as needed.
Ability to apply budgetary and fiscal planning techniques within financial constraints.
Ability to organize work effectively, conceptualize and prioritize objectives and exercise independent judgment based on an understanding of organizational policies and activities.
Ability to integrate resources, policies, and information for the determination of procedures, solutions, and other outcomes.
Ability to communicate effectively orally, by phone, in person, and in writing.
Ability to make effective and persuasive speeches and presentations on controversial or complex topics to the Board and the university community.
Ability to use a personal computer and other office equipment, including related university software and email.  
PHYSICAL DEMANDS

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is occasionally required to stand; walk; sit; use hands to finger, handle, or feel objects, tools or controls; reach with hands and arms; climb stairs; talk or hear.  The employee must have the ability to occasionally lift and/or move up to 25 pounds. Specific vision abilities required by the job include ability to distinguish the nature of objects by using the eye. 

WORK ENVIRONMENT

Supervisors are responsible for maintaining an environment that is free from discrimination, intimidation, coercion or harassment, including sexual harassment. Work is performed indoors in an office setting. The noise level is usually low to moderate. While performing the duties of this position, the employee may be required to travel.   Hours outside the normal workday may be required. 

SAFETY

Supervisors are responsible for the safety of their employees by creating and maintaining a safe work environment. New employees should be provided with safety instruction during the first 30 days of employment and receive, as applicable, annual refresher safety training. Supervisors should operate equipment safely and report any unsafe work conditions or practices to Management or Safety Coordinator. Supervisors should insure that employees work in a safe manner and submit injury/accident reports to the Office of Human Resources within 24 hours of notification.

Education
J.D. or L.L.B. degree and Licensed Attorney in good standing with the Texas Bar Association.

Experience
Ten years of extensive and progressively responsible legal experience.  Experience in dealing with legal matters in an academic setting required. Must be familiar with Texas Higher Education Codes and Texas laws.  Preference given to candidates who have earned the Certified Compliance and Ethics Professional Certification.  Demonstrates knowledge of federal and state Equal Opportunity, Title IX, ADA and other nondiscrimination and educational opportunity laws, rules, and regulations. Experience with writing policies and procedures.  Experience delivering training on various regulatory or legal issues.

Requirements
Regular and reliable attendance at the University during regular scheduled days and work hours is an essential function of this position. 

Advertised Salary Salary Competitive