About

Reporting Concerns and Whistleblowing

Clark values treating all members of its community with fairness, dignity, and respect. However, it is inevitable that concerns and disputes will periodically surface. The best and most direct mechanism for confronting challenges is for individuals to work one-on-one in an effort to informally diffuse the situation. This is not always possible or prudent and, in such circumstances, there are multiple avenues towards dispute resolution. These routes may include working with department managers, contacting Human Resources or the Dean of the Faculty, contacting University Police, or utilizing Clark’s various reporting portals to Report a Concern. Note that if anyone desires to report a concern of fraud, waste, or abuse, they can file an anonymous report on the above-referenced reporting portal page, and they can find the policy related to whistleblowing here.

Contracts and Agreements

The OGC must review, prior to its signing, any contract, agreement, memorandum of understanding, and similar documents that have the ability to bind the institution under the following circumstances:

• When the value meets or exceeds $25,000
• When it is a multi-year agreement
• When it contains an automatic renewal provision
• When it involves a non-U.S. based entity or individual

Because the General Counsel also serves as the Secretary of the University and its official records custodian, all agreements, once fully executed by the parties, must be provided to the OGC to ensure they are safely stored in its contract repository.

It is also important to note that only certain officials are authorized to act on behalf of the University and bind it to an agreement. The authority or ability to sign agreements on behalf of Clark, regardless of value, and the rules surrounding when legal, information technology services, and/or business office review of contracts might be required, are all outlined in the Policy on Contract Review. Please review the policy for details on the contract review and signing process.

Outside Counsel and Government Agents

If any member of the Clark community receives a communication from, or is visited by, an attorney or government agency in regard to university-related business, please immediately contact the OGC. This includes, but is not limited to: subpoenas, requests for background checks of former students, administrative or governmental agency requests for information, inquiries, or notifications of a claim or impending investigation.

Please also note that only the OGC is authorized to retain outside counsel to work on any matter on behalf of Clark University.

Attorney-Client Privileged Communications

Federal and state law provide protections for all communications between a lawyer and their client in connection with providing legal advice – classifying these communications as confidential, or “privileged.” This attorney/client privilege provides fundamental protection, which allows clients to speak freely with their attorneys and allows attorneys to provide candid advice.

For the privilege to apply, neither the lawyer nor the client may discuss or share their communications with any third party. This includes forwarding an electronic version of the advice. To do so risks “waiving” the privilege, which means that other parties or the government would be entitled to explore in discovery or at a trial any and all communications related to that topic.

If you are an employee of Clark University and in communication with the OGC regarding a matter that has the potential to result in legal consequences for the university, you are obligated to keep all such communications strictly confidential. Failing to do so risks waiving the attorney/client privilege. When in doubt regarding whether or not to share a communication, please ask the General Counsel before you share.