Office of The General Counsel

Providing Guidance for the Campus Community

A trusted partner in the day-to-day business of the University, providing legal counsel and educational resources.

The Office of the General Counsel advises and educates the University community on best practices across legal and regulatory topics. For questions, email gc@unca.edu.

What We Do

  • Advises on legal implications of proposed policies and actions
  • Drafts, reviews, and negotiates university contracts
  • Advises on due process, campus security, NCAA rules, and equal employment
  • Holds sole authority to solicit outside counsel
  • Coordinates with the NC Attorney General’s Office on litigation

Who We Represent

Our client is the University, acting through its duly authorized agents: the Board of Trustees, the Chancellor, senior administration, and University faculty and staff.

The Office of the General Counsel cannot provide legal assistance to students or advise staff and faculty about personal legal matters, but may provide referrals to:

Contract Delegation – Signature Authority

Chancellor Kimberly van Noort has delegated signature authority as outlined below. Expand a department to see who holds signing authority and the limits that apply.

Provost and Vice Chancellor for Academic Affairs

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Academic Affairs. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

The Provost and Vice Chancellor for Academic Affairs has given delegation of signature authority to:

Chairs and Program Directors

  • Signature authority to sign for expenses incurred by department/program members (travel and purchases) up to $1,300.

Deans

  • Signature authority for all expenses incurred by Chairs and Program Directors and co-sign for any purchases exceeding $1,300, up to $5,000.
  • Anything exceeding $5,000 requires the signature of the Provost or designate (or superior).

University Librarian

  • Signature authority for the purpose of library subscription licensing agreements.

Executive Director of the Osher Lifelong Learning Institute (OLLI)

  • Signature authority for all documents that fall within the purview of OLLI at UNC Asheville that do not exceed $50,000.
  • Signature authority for OLLI travel authorization up to $1,500.

Chief Research Officer

  • Signature authority for all University sponsored research agreements.

Director of the Asheville Graduate Center

  • Signature authority for instructor contract letters for AGC-housed classes and programs that are not for credit.
  • Signature authority for space-use agreements and contracts when AGC uses space off-campus.

Vice Chancellor for Budget and Finance

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Budget and Finance. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

The Vice Chancellor for Budget and Finance has given delegation of signature authority, in times when he is not available, to:

Associate Vice Chancellor for Finance/Controller

  • Signature authority for all documents that fall within the purview of Finance that do not exceed $100,000.
  • Signature authority for student refunds.
  • Signature authority for vendor credit applications.

Associate Vice Chancellor for Campus Operations

  • Signature authority for all University utility bill payments.
  • Signature authority for all contracts for repair, renovation, or construction of facilities or infrastructure if the amount does not exceed $500,000.
  • Signature authority for the approval of design proposals, payment applications, invoices, requisitions, change orders, and field orders for the same, if the contract amount does not exceed $500,000.

Grounds Superintendent and Grounds Supervisors

  • Contracts for the rental of tents, tables and chairs up to $10,000.
  • Contracts for the rental of large equipment, lifts, small power tools and equipment up to $5,000.
  • Contracts for the rental of small power tools and equipment up to $1,000.

Grounds Team Leads, Trades Supervisor and Trades Team Leads

  • Contracts for the rental of small power tools and equipment up to $1,000.

Senior Administrator for University Enterprises and Athletics Director

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Athletics and University Enterprises. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Executive Director of Governmental & Community Relations

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Community Engagement. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Chief Human Resources Officer

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Human Resources. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Associate Director of Human Resources

  • Signature authority for all documents that fall within the purview of Human Resources that do not exceed $10,000.
  • Signature authority for advertising contracts.
  • Personnel Action Request Forms.

Chief of Staff

  • Signature authority for travel authorization up to $2,000 for Admissions, Financial Aid, Gear Up, and Vamos.
  • Signature authority for all documents that fall within the purview of the Office of the Chancellor that do not exceed $50,000.

Vice Chancellor for Administration & Finance

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Strategy and Analytics. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Director of ITS and CIO

  • Signature authority up to $50,000 on ITS.
  • Signature authority for Apple, Dell and CSI invoices for equipment which UNC Asheville has leased and received, provided the documents’ details are consistent with the related lease paperwork previously reviewed and signed by General Counsel and the Vice Chancellor for Administration and Finance.
  • Signature authority for ITS travel authorization up to $1,000.

Vice Chancellor for Student Affairs

  • Signature authority for all documents, including consulting agreements, that fall within the purview of Student Affairs. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Dean of Students

  • Signature authority for all documents that fall within the purview of Student Affairs that do not exceed $50,000.

Associate Vice Chancellor of Student Affairs Administration

  • Signature authority for Camps and Conferences and for all documents that fall within the purview of Student Affairs that do not exceed $50,000.

Associate Vice Chancellor of Student Affairs

  • Signature authority for all documents that fall within the purview of Student Affairs that do not exceed $50,000.

Assistant Vice Chancellor for Public Safety

  • Signature authority for contracts for transportation services that do not exceed $50,000.

Director of Health and Counseling

  • Signature authority for contracts for health and counseling services that do not exceed $50,000. The Vice Chancellor for Student Affairs will sign the annual contract with MAHEC to provide medical services to campus.

Director of Campus Recreation

  • Signature authority for Campus Recreation events, programs and services that do not exceed $50,000, with supervisor approval.

Director of Highsmith Union

  • Signature authority for University events and Highsmith Student Services not to exceed $50,000, with supervisor approval.

Director of Conferences and Camps

  • Signature authority for Conferences and Camps not to exceed $50,000, with supervisor approval.

Vice Chancellor for University Advancement

  • Signature authority for all documents, including consulting agreements, that fall within the purview of University Advancement. Authority to sign consulting agreements must be exercised in consultation with the Chancellor, and may not be further delegated.

Director of Advancement Operations

  • Signature authority for all advancement-related contracts up to $50,000.

For additional information, see the University Contract Policy.

Political Candidacy and Officeholding

Employees of UNC Asheville are governed by the following UNC Board of Governors policies:

Public Records Request

As an agency of the State of North Carolina, UNC Asheville is required to respond to requests for public records made under the NC Public Records Act, N.C.G.S. Chapter 132, as it may be amended from time to time, and in accordance with the University’s Public Records Request Policy.

UNC Asheville believes in public transparency and providing access to open records and public documents to members of the public and news media. We respond as promptly as possible to public records requests while maintaining the privacy rights of our students and employees, as well as other information that is confidential under federal and state laws. To minimize processing time, requesters are advised to be as detailed and specific as possible in identifying the information being sought and for what period of time. If fulfilling a request requires extensive use of information technology resources, or significant clerical or supervisory assistance, or if producing the records incurs excessive use of technology services, the University may charge a special service fee in addition to the standard copying fee, if applicable.

For questions about public records requests, please contact gc@unca.edu.

 

Submit a Public Records Request

Common Types of Records Requests

UNC Asheville provides access to records for many common Athletics related requests in a regularly updated shared folder available at: UNC Asheville Athletics Shared Drive.

If you do not see the record you are looking for feel free to request it though the form linked above, but know that we appreciate you checking here first.

Educational Resources

Foundation for Individual Rights and Expression’s Free Speech Programming

Frequently Asked Questions

Freedom of speech is the right of a person to express themself without interference or retaliation from the government. The term “expression” includes far more than just words and speech, but also what a person wears, reads, performs, displays, etc.

The First Amendment to the U.S. Constitution, as well as many state and federal laws, limits the government’s authority, including the authority of public institutions like UNC Asheville, to restrict protected expression. Protected expression under the First Amendment includes speech that may be considered deeply offensive or hateful.

Students, faculty, staff, invited guests, and uninvited visitors from the general public all have free expression rights on UNC Asheville’s campus. Members of the university community have greater access to certain campus programs, activities and facilities to engage in protected expressive activities than campus visitors.

The right to speak on campus is not a right to speak at any time, place, or in any manner. Public institutions like UNC Asheville have discretion in regulating the “time, place, and manner” of speech on campus. These restrictions are not based on what is being said (content) or the opinion of the speaker (viewpoint) — they regulate when, where, and how expression occurs, in furtherance of the University’s mission, operations, and public safety.

Examples of acceptable restrictions include notice periods, limiting the duration or volume of speech, and restricting speech during particular limited periods.

The term “hate speech” does not have a legal definition, but often refers to speech that insults or demeans a person or group of people on the basis of identity characteristics. While the university might not endorse or agree with speech of this kind, there is no “hate speech” exception to the First Amendment, and the university cannot lawfully restrict such speech solely on the basis of its offensiveness.

  • True threats: speech a person would reasonably perceive as an immediate threat to their physical safety.
  • Incitement of violence or lawless action: speech that creates a substantial likelihood of imminent illegal activity and is directed to causing it.
  • Defamation: an intentional, false statement about an individual, publicly communicated, that causes injury.
  • Obscenity: speech that appeals to the prurient interest, is patently offensive by community standards, and lacks literary, scientific, or artistic value.
  • Unlawful harassment and discrimination: severe or pervasive, objectively offensive conduct directed at a person or group based on protected characteristics that denies equal access to University resources.
  • Invasion of privacy: unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

Otherwise protected speech that violates the University’s reasonable time, place, and manner policies, or that materially and substantially disrupts University operations or others’ free expression rights, is not permitted and may result in discipline, per UNC System Policy 1300.8.

Discriminatory Harassment/Intimidation — unwelcome conduct directed toward a person or identifiable group based on actual or perceived race, color, religion, age, national origin, ethnicity, disability, or veteran status, that is so severe or pervasive and objectively offensive that it unreasonably interferes with employment, academic performance, or participation in University programs (creating a hostile environment).

Whether speech constitutes harassment depends on factors such as how often the conduct occurs and the extent to which it is directed at a particular individual.

UNC Asheville’s General Counsel is the University’s designated “Responsible Officer,” charged with ensuring compliance with the University’s free speech and expression policies under UNC System Policy 1300.8. Contact the UNCA Office of General Counsel with any questions or concerns.

In general, UNC Asheville cannot prevent an event because it is likely to provoke a hostile response — a “heckler’s veto.” That said, the University’s primary concern is safety. UNC Asheville makes security assessments with federal, state, and local law enforcement whenever speech activities may pose a threat to public safety, and if a serious threat remains with no reasonable alternative, an event may be canceled.

As a public institution, UNC Asheville must support both peaceful protest and the rights of individuals or groups to say or do things it might find objectionable, or even hurtful. The University cannot make decisions based on the viewpoint or content of speech, though supporting free speech activities does not constitute an endorsement of any specific speech, and the University can and does articulate when speech or action runs counter to its values.

Yes — the right to protest is protected by the First Amendment. However, you may not infringe on the rights of others, and therefore may not create a material and substantial disruption or interference with another’s protected speech activity.

It is permitted and appropriate to protest speech with counter speech, but that protest should not silence or disrupt the original speaker. A “heckler’s veto” is the silencing or disruption of another’s speech by one’s own speech or conduct, and is not protected — those who engage in disruptive or interfering behavior may face disciplinary action or, in some instances, criminal charges.

Chalking is permitted on horizontal, non-covered cement surfaces only, such as sidewalks and walkways openly exposed to weather. No buildings, structures, walls, or brick surfaces may be chalked, including the Ramsey Library steps. Spaces cannot be reserved for chalking, so those wishing to chalk an area should be respectful of any chalking already present, and no chalking should be removed by one group to be replaced by another unless it is for a dated event that has already occurred.

The University is a publicly-owned institution, and its space and resources are open to persons and groups involved in the political process, without political preference.