Legal Topics and FAQs

The Care and Intervention Team (CAIT) is a multidisciplinary team of administrators who meet regularly to discuss behavioral issues involving students and employees. It serves to provide coordinated early interventions, resources, and wrap-around care for all those affected. The CAIT also conducts comprehensive fact-based assessments of individuals who may present a threat of harm to self or others on the campus community. It recommends an appropriate response and action to units that need assistance in managing the situation, ensuring compliance with the law and University policies. CAIT will further monitor the situation and evaluate the effectiveness of the response and outcome.

Additional information about CAIT can be found at the Care and Intervention Team website. If you have concerns about the welfare of a student or employee, you are encouraged to make a referral to CAIT immediately. Referrals can be made online here or by contacting the Office of Student Support and Accountability at MSU.Care@msu.edu or (517) 432-7531. If the situation is an emergency, please call 911.

The University must comply with federal and state civil rights laws in all of its programs and activities, including those that seek to advance a diverse, equitable, and inclusive community. Generally, this means that individuals cannot be excluded from participation or subjected to negative treatment based on their protected identity or membership in a protected group, including gender, race, and national origin.

In addition, Article 1 § 26 of Michigan's Constitution prohibits public institutions, including MSU, from granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. This has been law since 2006, when the state Constitution was amended following a ballot proposal called Proposal 2 ("Prop 2"). Michigan is one of a small number of states with such a prohibition.

• What is "preferential treatment"?
  • Michigan's Attorney General has defined "preferential treatment" as "the act or fact of giving a favorable advantage to one person or group over others based on race, sex, color, ethnicity, or national origin" and stated that such action would violate the principle of equal treatment and non-discrimination reflected in Michigan's Constitution. 2018 Mich. OAG No. 7308 (Mich.A.G.)
• How does Article 1 § 26 (Prop 2) affect University admissions?
  • MSU programs, including admissions processes, may not grant preferential treatment to individuals or groups on the basis of race, sex, color, ethnicity, or national origin.
• How does the U.S. Supreme Court decision in Students for Fair Admissions vs. Harvard and Students for Fair Admissions vs. UNC impact MSU and other colleges and universities?
  • MSU is not directly impacted by the U.S. Supreme Court's decision, given the previously-existing state prohibition on granting preferential treatment.
  • In the 2023 decision, the majority of the Supreme Court held that Harvard and UNC's race-conscious admissions processes, which used an applicant's race as one factor in making admissions decisions for the purpose of achieving the educational benefits of diversity, are unconstitutional because they are in violation of the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution and Title VI of the Civil Rights Act of 1964. As a result, race-conscious admissions processes used by colleges and universities are likely to be considered unlawful.
  • The Court held that universities may consider an applicant's discussion of how race affected the applicant's life, but universities must consider applicants based on their experiences as an individual, not on the basis of race.
• How do I ensure my program, scholarship, or award complies with the law?
  • Every employee has the ongoing responsibility to ensure inclusivity and compliance with federal and state civil rights laws by ensuring that each program and activity is open to all. Whether creating new programs or working on materials for returning events, staff should review OGC's guidance on civil rights compliance and make sure that there is no restriction or preferential treatment based on protected identity in planning or marketing documents, or, importantly, in the way that the program operates. It should always be clear that your program or activity is open and welcoming regardless of race, sex, color, ethnicity, religion, or national origin.
    Quick Resources:
    • MSU's 4 C's to Civil Rights Compliance Infographic. Follow this link to open the document.
    • Review and follow OGC's guidance on MSU's "Open to All" Nondiscrimination Requirement. Follow this link to open the document
    • Review and follow the FAQ for Scholarship Administrators: Ensuring Non-Discrimination in Selection. Follow this link to open the document.
• Do I need to have my program or activity reviewed by OGC?
  • Programs with names, goals, or missions linked to an identity protected by the Michigan Constitution (race, sex, color, ethnicity, national origin) must be reviewed by OGC. Please reach out to OGC for consultation and review:
    • For new programs or activities - including groups, fellowships, awards, events, ceremonies, and scholarships - that are hosted by MSU or a third-party or will receive funding, promotion, sponsorship, or other tangible support from MSU.
    • If you are not sure if a program you are involved with has been reviewed.
    • If there are any major updates to or changes planned for previously-reviewed programs.
• Do I need to consult OGC if my program or activity is based on tribal affiliation?
  • Yes, please consult OGC for any program or activity that wishes to impose eligibility criteria based on tribal affiliation.
  • Tribal affiliation is a political status recognized by the U.S. Supreme Court and the Michigan Department of Civil Rights and may not implicate the protected categories of race, ethnicity, or national origin. However, it is important to structure and document programs properly to ensure that tribal affiliation is not viewed as a proxy for granting an opportunity or benefit based on race, ethnicity, or national origin. This will include providing the reason for the restriction (for example, improving the University's relationships with a tribe or tribes) and establishing a process to confirm tribal membership prior to participation.
    Criteria like "for Indigenous, American Indian, Native American, or Native Hawaiian students" or "those who identify as Indigenous, American Indian, Native American, or Native Hawaiian" are not permissible as they are not based on tribal affiliation status. Instead, programs like these should be open to all who are interested, regardless of their personal protected identity.

Please contact OGC with any specific questions or for assistance.

MSU is subject to multiple conflict of interest policies and regulations. The procedures regarding how we disclose and manage potential conflicts of interest pursuant to these various policies and regulations are dependent on multiple factors such as the agreement type, the nature of the individual relationships, sponsor type, etc. For more information about conflicts of interest, visit the Conflict Disclosures and Management Website and its FAQs.

• What is a contract? ​
  • Any document that creates an obligation for MSU. This may include obligating MSU to 1) pay for goods/services; 2) provide goods or services to another party; or 3) pursue a specific course of action.
• What is an example of a contract? ​
  • A contract may have many different names and includes, but is not limited to, academic collaboration agreement, affiliation agreement, procurement contract/purchase agreement, services contract, employment contract, appointment letter, independent contractor agreement, lease, license, rental agreement, terms and conditions, sponsored program or grant agreement, nondisclosure agreement, memorandum of understanding, memorandum of agreement, or letter of intent.
• What is signature authority? ​
  • The Board of Trustees of Michigan State University is the corporate entity that is responsible for the general supervision of MSU and responsible for all expenditures of the institution’s funds. All signature authority originates with the Board of Trustees. The Board of Trustees has delegated to the President of MSU full executive authority to sign contracts on behalf of the Board of Trustees and MSU, along with the authority to re-delegate such authority to officers and administrators designated by the President. The Delegation of Signature;
• Can I sign a contract on behalf of MSU? ​
  • Likely no. Only individuals who have been specifically delegated signature authority are permitted to execute contracts on behalf of MSU. Unless you have been delegated authority, you DO NOT have authority to sign contracts on behalf of MSU. Additionally, the scope of authority for most delegations is limited, which means that only specific types of contracts may be signed by the individual delegated such authority.
• Are electronic signatures (i.e. “e-signatures”) permissible? ​
  • In general, yes. Electronic signatures are legally binding, and most contracts can be executed with e-signatures when both parties agree to do so.
• Who should maintain a copy of an executed contract? ​
  • The University department initiating the contract is responsible for maintaining a copy and executing the terms of the agreement.

Michigan State University is committed to maintaining a safe environment that supports educational and career advancement on the basis of job and academic performance.

Information about applicable laws and university policy can be found on the Office for Civil Rights and Title IX Education and Compliance website, including MSU's:

• Notice of Non-Discrimination, Anti-Harassment, and Non-Retaliation
• Anti-Discrimination Policy
• Relationship Violence and Sexual Misconduct and Title IX Policy
• Mandatory Reporting for Relationship Violence, Sexual Misconduct, and Stalking
• Pregnant and Parent Student Information

MSU’s Office for Civil Rights is responsible for receiving and resolving reports of prohibited discrimination, harassment, relationship violence, sexual misconduct, stalking, and retaliation prohibited by such policies.

The Office of General Counsel advises the University with respect to civil rights compliance and responds to complaints filed in court or with federal or state agencies.

The Family Educational Rights and Privacy Act ("FERPA") is a federal law that protects the privacy of student education records. FERPA gives students certain rights with respect to their education records. Specifically, students have: (1) the right to inspect and review their education records; (2) the right to request an amendment of their education records that they believe are inaccurate, misleading, or otherwise in violation of their privacy rights; (3) the right to provide written consent before personally identifiable information from their education records is disclosed, except when FERPA authorizes disclosure without consent; and (4) the right to file a complaint with the U.S. Department of Education concerning any alleged violation of their right under FERPA.

Information regarding the University's policy and practices under FERPA can be found on the FERPA website from the Office of Accreditation, Assessment, Curriculum, and Compliance (AACC).  If you have questions about complying with FERPA, please contact the AACC at ferpa@msu.edu.

• What does the First Amendment say and what does it protect?
  • The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
  • The First Amendment protects against government interference from several individual liberties—freedom of religion, speech, the press, assembly, and petition—though these freedoms are not unlimited.
• Does the First Amendment apply to MSU?
  • Yes, MSU is a public institution.
• How does the First Amendment apply to speech at MSU?
  • For information related to freedom of speech and protest activity, visit the Freedom of Speech FAQ page.
  • Information for faculty related to academic freedom and civil discourse can be found in the Civil Discourse FAQs for Faculty.
• Who should I contact if I have questions?
  • If you have a question regarding the First Amendment, including but not limited to freedom of speech, please call the OGC at (517) 353-3530.
  • You can also visit the MSU First Amendment website.

• What is the Freedom of Information Act (FOIA)? ​
  • The Michigan FOIA is a statute designed to provide access to public records of public bodies and describes the requirements for disclosure of public records. As a public body, Michigan State University (MSU) is subject to the Michigan FOIA.
• What records are subject to disclosure under the FOIA? ​
  • In general, all public records of a public body are covered by the FOIA and, therefore, must be disclosed upon request unless an exemption applies. A public record is “a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it was created.” A writing is any “handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content.”
• Who processes and responds to FOIA requests? ​
  • The MSU FOIA Office processes and responds to all FOIA requests received by MSU. Please visit http://foia.msu.edu for more information regarding MSU's FOIA procedures and guidelines.
• What should I do if I receive a FOIA request? ​
  • You should immediately forward the request to the MSU FOIA Office at foia@msu.edu. MSU has only five (5) business days to respond to a request, so it is important to notify the FOIA Office of the request immediately. You should not begin searching for or gathering records before you contact the FOIA Office.
• A representative from a federal agency contacted me because the agency received a federal FOIA request related to my grant or other records I provided to the agency. The federal agency is asking me to review the records and provide feedback or note objections to release of the information. How should I respond? ​
  • You may redact information from the documents that you object to being released. If you believe information should be redacted, you should provide a written explanation of your proposed redactions/objections. Explanations should cite the specific federal FOIA exemptions and provide rationale for the applicability of the exemption. Ultimately, the federal agency will determine whether information is exempt and can be redacted under the federal FOIA. If you need advice regarding how to respond to an inquiry from a federal agency, please contact the Office of the General Counsel.
• Who should I contact if I have questions about FOIA? ​
  • You can contact the MSU FOIA Office at (517) 353-3929 or foia@msu.edu or the Office of the General Counsel at (517) 353-3530.

The Health Information Portability and Accountability Act of 1996, as amended (“HIPAA”), establishes federal protections for the use or disclosure of protected health information (PHI). HIPAA is complex and not particularly intuitive. For example, most medical information provided in the course of employment, including workers' compensation information, is excluded from the protection of HIPAA.

HIPAA allows the University, as an entity with a primary purpose other than providing health care or facilitating health care claims, to designate which portions of the University must comply with HIPAA. These components form the University’s Hybrid Entity. As of October 25, 2023, the components of the University’s Hybrid Entity are:

• MSU Health Plans
• Student Health Services
• The Early Learning Institute (all locations) for their Behavioral Health Activities
• MSU Extension – The health education function providing diabetes and behavioral health education, currently limited to counties engaged in receiving third-party payments and those counties receiving individually identifiable health information from Great Lakes Health Connect or other health information exchanges
• Clinical and Translational Sciences Institute, including its Biomedical Research Informatics Core – Performing services such as de-identifying protected health information, performing research feasibility studies, and cohort identification and patient contact regarding the patients’ possible interest in participation in IRB-approved research studies
• Information Technology Services – The functions within ITS that comprise the Health Information Technology Services and those servicing other components of the hybrid entity having access to protected health information
• Institute for Health Policy – The functions within IHP analyzing protected health information
• MSU Human Resources – Benefits- The function providing assistance to Health Plan enrollees and managing the Health Plans
• Office of Audit, Risk and Compliance – Auditing within MSU which requires access to protected health information
• Office of the General Counsel – Advising on legal matters which involve protected health information
• Office of Institutional Equity- The investigatory function which may need access to protected health information

While these components must comply with HIPAA because they generate or work with protected health information, other units in the university may provide services as a business associate, as defined in the regulations, to external entities and, therefore, additionally need to comply with certain aspects of HIPAA because of those relationships.  Any business associate agreements should be reviewed by the Office of the General Counsel.

It is recommended that all individuals take the HIPAA training available through MSU’s Ability Training Compliance website at https://orrs.msu.edu/train. If the training has not been assigned to you, you can find the training by searching the catalog in the “Extra Courses” tab.

Please contact the Office of the General Counsel, if you have questions.

MSU is comprised of a highly diverse community of people that come from all over the world to work, study, lecture, or conduct research.  These individuals may need MSU to sponsor them for a visa to ensure they can lawfully enter and remain in the United States. Examples of visa categories for which MSU will serve as the petitioner include the F-1, J-1, H-1B, O-1, TN, or permanent residency.

All immigration petitions filed by MSU are prepared by the Office for International Students and Scholars (OISS) or a law firm approved by the Office of the General Counsel (OGC) to provide immigration services. Only the OGC has authority to retain legal counsel to represent MSU in immigration matters. The hiring unit is responsible for paying the legal fees, administrative costs, filing fees, and any applicable recruitment costs associated with filing an immigrant petition. Federal law prohibits passing these expenses on to the foreign national.

Additional information about supporting international students, faculty, and staff can be found in the OISS website. If you have questions about hiring or sponsoring a foreign national to come to MSU, please contact OISS at oiss@msu.edu or (517) 355-4657.

If you receive a demand letter, notice of intent to sue, notice of claim, complaint, or any other similar document, you should immediately call the OGC at (517) 353-3530.

You will be asked to provide the date, time, and method (first class mail, certified mail, hand delivery, etc.) that the document was delivered to you. MSU must respond to lawsuits within a specific amount of time after service, so it is imperative that OGC is notified as soon as possible.

For information and FAQs regarding political activities, including participation in campaign activities and ballot measures, please visit the Government Relations website.

Subpoenas are served on the University by courts, administrative agencies, and attorneys. They are used to compel the University and its departments, units, and employees to produce records and provide testimony in lawsuits or government investigations. OGC handles the University's compliance with subpoenas.

If you receive a subpoena, you should immediately call the OGC at (517) 353-3530. Due to the time-sensitivity of subpoenas, it is imperative that our office is notified without delay.

The University has established reporting protocols for its employees and volunteers to promote the safety and security of children.

Information about reporting child abuse, child neglect, or other harm to children is provided in the University Reporting Protocols and related FAQs.

Employees and volunteers are also encouraged to review the online Resources for Reporting Suspected Crimes located on the MSU Youth Programs: Registration, Safety Assurance, and Education website.

If you have additional questions about treatment of children or minors on campus, please contact the Office of General Counsel.

OGC assists with development and revision of University policy to ensure compliance with applicable laws and regulations. Anyone who is looking for a particular policy or is interested in developing or suggesting revisions to a University policy should first review the University Policies website.

If you need assistance in interpreting University policy, please contact the office responsible for the policy or policy topic or the OGC attorney who advises on the policy topic. If you are unsure who to contact, please contact the OGC Main line at 517-353-3530.