Frequently Asked Questions

1. Who does the Office of the General Counsel represent?

Our experienced attorneys and support team work closely together to provide responsive, timely and objective legal advice and counsel to the District Board of Trustees, the College President, Cabinet, department heads, faculty and other employees of the College acting in their official capacities as FSCJ employees. The OGC does not and cannot represent individual faculty, staff members, or administrators in personal legal matters outside the scope of FSCJ business.

2. What areas of practice do the attorneys provide?

Attorneys in the OGC combine many years of professional legal experience and provide legal advice regarding many topics of interest, including, but not limited to, the following specialized areas of practice: labor and employment, real estate, corporate governance, student and faculty issues, contracts, collective bargaining, intellectual property, and rulemaking and regulation development.

3. What types of legal services does the OGC provide?

The OGC provides legal advice and representation to the College in many areas. In addition to the specialized areas of legal practice, the OGC coordinates responses to court orders and assists clients in responding to subpoenas and requests for the production of public records. The OGC also:

• Provides interpretation and advice regarding statutory provisions and regulations.
• Coordinates responses to subpoenas, court orders, claims and petitions.
• Monitors and responds to ongoing litigation.
• Represents the College and its agents in administrative hearings.
• Formulates and issues formal legal opinions, as appropriate.
• Answers legal questions from FSCJ faculty and staff.
• Assists with the training and education of FSCJ faculty and staff regarding matters of legal interest.

To request any of these services of the OGC, please submit a Legal Services Request Form through Artemis:

• Contract Review
• Legal Opinion
• College Policy/Procedure Review
• Grant Review
• Legal Research
• Ethics Advice

4. Will the OGC represent me if I am sued?

The OGC may represent you directly or through outside counsel if you are sued in your official capacity as an FSCJ employee. The OGC cannot provide legal advice or representation to students, employees or others for personal matters.

If you need legal advice or representation of a personal nature, the following organizations may be able to help you:

• The Florida Bar
• Jacksonville Bar Association
• Florida Legal Services

5. Can I retain outside counsel for an FSCJ business matter?

No. College employees should not contact outside counsel for College matters without first consulting the OGC. Only the OGC can retain and approve funding for outside counsel on behalf of the College.

6. Who can I contact if an attorney contacts me regarding the activities of a faculty or staff member?

Refer the inquiry to the Office of the General Counsel at OGC@fscj.edu or (904) 632-3232.

7. What should I do if someone tries to serve me with legal documents relating to FSCJ business?

You cannot accept service of legal documents on behalf of FSCJ. If a process server attempts to serve you with documents, you should politely decline and direct the server to the OGC. If you are served documents that name you individually in your official capacity, notify the OGC immediately and forward the documents to this office. You may want to keep a copy for your records.

8. Does the OGC notarize documents?

The OGC provides notary services for FSCJ faculty and staff. These services are free of charge. You must bring in the unsigned document(s) and proper identification during regular business hours of 8 a.m. to 4:30 p.m. Please contact the OGC at (904) 632-3232 to check on availability of a notary.

1. What is Florida's Government-in-the-Sunshine Law?

The Sunshine Law has two primary areas:

• Public records law, Chapter 119, F.S., provides the public the right to access, inspect, and copy public records. 
• Public meetings and records law, Section 286.011, F.S., provides the public a right of access to government proceedings and records.

2. What are public records?

All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or ether material, regardless of the physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business. The Florida Supreme Court has interpreted this definition to encompass all materials made or received in connection with official business that are used to perpetuate, communicate, or formalize knowledge.

For more information, you can review the Florida's Public Records Law presentation under the OGC's Client Resources and Presentations webpage.

3. What constitutes a Sunshine Law meeting?

• Any discussions or deliberations, formal or casual, between two or more covered committee members about a matter in which it is foreseeable that the covered entity might take action.
• Meetings include any workshops, telephone conversations, e-mail communications, or other interactions where covered material is exchanged, including social gatherings.

4. What meetings at FSCJ are subject to the Sunshine Law?

• Any meeting where the District Board of Trustees has delegated its authority such that decision making or policy making is performed (or it is foreseeable that it will be performed).
• Employment Search and Selection Committees are the most common example of this type of "delegated authority" meeting for FSCJ employees. 
• Collective bargaining negotiations are also examples of covered public meetings.

5. What if I have more questions about Florida's Sunshine Law?

Please contact the OGC at (904) 632-3232 or OGC@fscj.edu. You may also visit myflsunshine.com for more information.

1. What records are subject to disclosure under Florida's Public Records Law?

Virtually, any document, created, received or maintained by FSCJ, its employees, or by its representatives acting in their official capacities is considered a public record and is subject to inspection by the public.

2. What documents are exempt from disclosure?

The most common confidential records that are exempt from public disclosure include:

• Social security numbers
• Medical information
• Personnel information prior to July 1, 1995
• Faculty academic evaluation of job performance
• Disciplinary records while discipline is in progress
• Student records under FERPA
• FSCJ Foundation records regarding cultivation and solicitation of gifts, donor records, and information regarding donors.

3. How much of "my" work is public record?

Most of it! The limited exemptions for "personal" work include:

• Personal notes which are neither distributed to others nor filed as a permanent record.
• Personal notes which are kept solely for the purpose of refreshing your memory.
• Drafts you prepare but do not circulate.
• Documents you prepare containing confidential exempt information.

4. Is there an exception for "working drafts?"

No. While portions of your "personal" work may be exempt, some are not.

• Once personal work is circulated for review or comment by others, it is a public record.
• Once circulated, preliminary or working drafts are considered to "perpetuate, communicate, or formalize knowledge about College business" and are subject to disclosure.

5. What should I do if I receive a public records request?

Refer to the Public Records Request page for more information about how you should address the request.

6. How long do I have to retain public records?

• Records must be maintained in accordance with destruction schedules promulgated by the state librarian.
• The Secretary of State publishes the General Records Schedules for Universities and Community Colleges.
• Most records must be maintained for three years, except those that are transitory.

For more information, you can review the Florida's Public Records Law presentation on the OGC's Client Resources and Presentations webpage.

1. Does the College have a Code of Ethics?

Yes. The FSCJ Code of Business Ethics and Conduct is available online. You can also refer to Board Rule 6Hx7-3.61 and APM 02-0211.

2. How do I report suspected unethical, fraudulent or illegal behavior or activity?

In an effort to create and keep open channels of communication, FSCJ has selected EthicsPoint, an independent third-party provider of ethics and equity hotline services, to provide you with a simple and confidential way to report concerns that may involve possible ethics violations, fraud, abuse, or other suspected misconduct. You can also report any suspected noncompliance with government regulations, external agency regulations, and related FSCJ policies.

For more information you can also visit the College's Equal Access/Equal Opportunity webpage here.

To learn more about Ethics and Conflicts of Interest, visit the OGC's Client Resources and Presentations webpage which contains presentations on several legal training topics.

1. Are student records protected?  What do I need to know about student information and student records?

The Family Educational Rights and Privacy Act (commonly known as “FERPA”) governs access to and privacy of student information. First, it guarantees the right of students to access, review, and in some cases, amend their educational records. This means that when a student wants access to his/her educational records, the College must grant access. Second, FERPA creates a right of privacy regarding student information and records. This means that unless something is designated as “directory information” (name, major, dates of attendance, etc.), then the College cannot disclose information or records about a student without that student’s consent. This even means that if the student is over the age of 18, College employees cannot discuss or provide information to the student’s parents.

2. What does FERPA mean to me as a College employee?

As a College employee, you have an obligation and responsibility to protect our students and the privacy of their information. Even if you have a "legitimate educational interest" to access a student's records, you are not authorized to share that information with a third party without the student's written permission. Individuals with legitimate interest are school officials that have a need to review the educational record to fulfill his/her job duties.

3. Can students review the documents contained in their educational records?

Yes. Students may review all of their educational recods except:

• Portions of their records mentioning other students.
• Financial records of their parents.
• Letters of recommendation (where they waive access).

4. How can I learn more about FERPA?

To learn more about FERPA, visit the OGC's Client Resources and Presentations webpage which contains presentations on several legal training topics.

You may also visit the FERPA section of the College Catalog here or visit the U.S. Department of Education's FERPA webpage here.

1. What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, books, movies, songs, and software. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

2. I want to make copies of third-party materials and distribute them in my class or post a copy on Blackboard and let my students download those materials. Are there rules regarding what I can copy and distribute?

Yes. Copyright law generally prohibits you from making copies of or distributing third-party materials unless you have permission or unless there is a legal exception. The most common exception is called “Fair Use.” Fair Use allows for limited copying and distribution of third-party materials for non-commercial, educational purposes. However, Fair Use has its limits. Fair Use would not allow for full scale copying and distribution of completed works. A good general rule of thumb is:  if it’s something for sale that the student otherwise can and should be buying, then you shouldn’t make copies or distribute those materials for free. For any specific questions regarding Fair Use, please contact the Office of the General Counsel.

"Know Your Copy Rights" is a brochure published by the Association of Research Libraries. It provides an excellent overview of various copyright issues that faculty may encounter. You can share and use the brochure pursuant to the terms and conditions of the Creative Commons license included on the last page of the brochure.

To learn more about copyrights, visit the OGC's Client Resources and Presentations webpage which contains presentations on several legal training topics.

For more information on copyrights, you may visit the United States Copyright Office.

1. What is a contract?

A contract is a legally enforceable agreement between two or more parties who agree to perform or refrain from performing some act now or in the future. A "college contract" is one to which the College is a party.

2. What are other types of agreements used at the College?

The College also can be a party to memoranda of understanding, memoranda of agreement, letters of intent, and license agreements.

3. Who can sign a contract on behalf of the College?

The College President and the Board Chair are the only persons authorized by statute to sign contracts on behalf of the College. In accordance with APM 02-0303, the president is also authorized to delegate signing authority.

4. How should the College's name be stated in contracts and other agreements?

The College is properly referenced to as:

• "The District Board of Trustees of Florida State College at Jacksonville, a public body corporate of the State of Florida"       OR
• "The Florida State College at Jacksonville District Board of Trustees, a public body corporate of the State of Florida, for its _________."

5. What is the process for contract review and approval?

The OGC provides standard contract forms on its website. These standard contracts have been preapproved by the OGC. They are written to protect the College's interests, written in clear language, expedite the contract review and approval process, and are intended to be fair to all parties.

Any substantive change to a standard contract will result in a non-standard contract which must be submitted to the OGC for review and approval using the Legal Services Request Form.

6. How long should I expect the contract review and approval process to take?

The amount of time required for contract review varies depending on the nature of the contract, the overall contract workload of the Office of the General Counsel, and other factors. Contracts should be submitted at least two weeks before the desired feedback date. If you have an urgent need, please submit the Legal Services Request Form and call the OGC at (904) 632-3232.

7. Should I send signed contracts to the OGC for safekeeping?

No. In accordance with Board Rule 6Hx7-2.25 and APM 02-0701, each campus, center, office, or department that is empowered to execute legal contracts, grants, or agreements must maintain an up-to-date searchable database or spreadsheet and maintain a corresponding electronic and printed copy of each contract, grant, and agreement listed, including a saved copy of the final, signed, and executed document. The critical information that must be included in the database or spreadsheet is defined in Section B of APM 02-0701.

8. Who can I contact if I have additional questions about a contract?

Contact Rodine Marquinez at rmarquin@fscj.edu or (904) 632-3374.

To learn more about contracts and other agreements, visit the OGC's Client Resources and Presentations webpage which contains presentations on several legal training topics.