16.40 Legal Services

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Scope: NMSU System

Source: RPM Title 16 | Safety and Risk Management

Policy Administrator:

Last Updated: 11/11/1111



Revision History:

Recompiled 2017, formerly Policy 2.40.

A. Service of Process on NMSU

The Office of the Chancellor shall be the only office authorized to be served with all suits, summonses, garnishments, and other legal documents for the university.


B. Authority of the Chancellor to Initiate or Defend Legal Proceedings

The Chancellor is authorized to initiate or defend any legal proceeding involving or affecting the university, the Board of Regents, any administrator, a member of the staff, a member of the faculty, or a member of the student body. The Chancellor will seek confirmation of any action taken at the board’s next regularly scheduled meeting.


C. Representation of NMSU Employees within Course and Scope of Employment

The board authorizes the general counsel to represent all university employees who are defendants in a lawsuit which results from the performance of their duties as employees of the university. It is the intent of the board that the university represents such defendants in both their individual and professional capacities as long as the general counsel determines that the defendants were acting within their duties and responsibilities as employees of the university. The general counsel will inform the board on a regular basis concerning the actions taken under this policy.


D. Contract Approval

Official contracts or agreements must have the approval of the general counsel as to form. Contracts and other matters which do not require special consultation with the general counsel prior to approval will be processed by attaching a Contract Approval Form which will be routed to the general counsel.


E. Access to University General Counsel

Any university employee who wishes to discuss official university business with the general counsel may, with the concurrence of appropriate department head/director and dean/vice president, make an appointment by calling the Office of the General Counsel. The members of the Administrative Council may call the Office of the General Counsel directly to make appointments.