Advice for Common Scenarios What Should I Do If…?

1. I am sued for something that occurred during my work at UMD? If this happens, who will defend me?

Contact the Office of General Counsel at 301-405-4945 for assistance at your earliest convenience.

The Maryland Office of the Attorney General will represent and defend the State of Maryland, its agencies, and employees in state and federal courts when they are sued, if the employees acted in good faith in the performance of their public duties and without malice or gross negligence. If you are sued in your capacity as a UMD employee, contact the Office of General Counsel.

2. I received a court order or subpoena or am contacted by an attorney or regulator seeking information about my work or a student?

Notify any outside attorney or regulator that they need to contact the Office of General Counsel. Please note that UMD personnel outside of the Office of General Counsel are not authorized to accept subpoenas and some subpoenas must be served on the Maryland Office of the Attorney General; please see OGC’s subpoena website for more information.

3. I suspect or become aware of a fiscal irregularity at UMD involving, for example, fraudulent, unethical, or illegal business activity?

Review the USM Policy on Reporting Fiscal Irregularities and the UMD Procedures for Reporting Fiscal Irregularities. You may report the activity through the University System of Maryland Office of Internal Audit Fraud Hotline.

4. Someone sent me a request (or wants to make a request) for written or electronic records in my possession including, for example, research data or records, student recommendations, or e-mails.

Immediately forward the request to the Office of General Counsel and direct the person to file the request through the UMD Maryland Public Information Act website. Please do not release records without first consulting with the Office of General Counsel.

5. I have a question related to my professional license, including my obligations as a licensed professional?

Please contact the applicable licensing board (e.g., Maryland Board of Physicians, Maryland Board of Pharmacy) with questions. The Office of General Counsel is not able to answer questions that are under the purview of a licensing board. If you have questions after receiving input from the licensing board, and your license is required to perform your UMD duties, please contact the Office of General Counsel.

6. A company has offered to pay for my travel, hotel, and lodging to attend a convention and requires UMD to sign an ethics letter?

If you are a scheduled speaker or panel member at a conference, symposium, or similar event and you are attending the conference in the course of your UMD duties, the company sponsor can pay reasonable expenses to cover the cost of conference registration, travel, lodging, and food; if the value of any of these expenses exceeds $20, you must report this on your annual financial disclosure. This is a specific exception to the State ethics law. Please contact the Office of General Counsel to obtain a signed ethics letter.

You can also accept unsolicited gifts of nominal value, such as coffee mugs, pens, notebooks, etc. so long as each item does not exceed $20 in value. This exception does not apply to any meals, alcoholic beverages, or tickets to sporting events.

If you are not a scheduled speaker or panel member, State ethics law prohibits you from accepting an offer to pay for travel costs (flights, hotels, food, etc.). You may still accept unsolicited gifts of nominal value that are offered to conference attendees.

7. I want to know more about the State’s public ethics laws, which apply to me as a UMD employee?

Please consult the State Ethics Commission’s website for State employees. You may also contact the Office of General Counsel with any questions.

8. I want to work with a law firm on matters related to my UMD duties?

Please contact the Office of General Counsel. Only the Office of the Attorney General is authorized to engage outside counsel, and all outside counsel must be managed by OGC.

9. I have other questions. How can I get answers?

Please perform a keyword search of this document to see if your questions are addressed in another section. Please also consult the UMD Policy website to determine if your question is answered in one or more policies or procedures. If you are not sure where to go or what to do, you are always welcome to contact the Office of General Counsel and we will assist you in finding the campus unit best suited to answer your question.