Setting Litigation Guidelines
The Office of Legal Affairs is exploring novel and creative methods to efficiently resolve issues. As such, OLA issues this statement on the settling of potential and pending litigation, mediations, grievances, and allegations.
Winston-Salem State University (WSSU) has no independent capacity or authority to settle potential or pending litigation in its own name; this lies with the University of North Carolina Board of Governors (BOG). However, the BOG has given authority to WSSU to settle potential or pending litigation for nominal amounts.
- Decisions regarding whether settlement is appropriate is based on a variety of independent factors that vary from case to case. Settlements are not entitlements.
- Settlements for more than the University’s authority have to be approved through the procedures and timelines of the BOG. WSSU has no control over the timelines or decisions of the BOG.
Settlement matters that are non-financial will be approached with the following guidelines:
- OLA will not obstruct management’s right and ability to manage. As such, OLA will not agree, including but not limited to, the following:
- Restrictions on future disciplinary actions
- Termination of others
- Hiring of others
- Granting of positions without a search
- Reorganization of a department
- Any agreement that restricts the day-to-day operations of the institution
- OLA will not agree to terms that are outside of the control of the institution. This includes items that require the approval of the Office of State Human Resources, General Administration of the University of North Carolina, or the Office of the Attorney General.