Winthrop University: Contract Review
Contact Information
Office of General Counsel
Winthrop University
108 Tillman Hall
701 Oakland Ave.
Rock Hill, SC 29733, USA
803/323-4698
legal@winthrop.edu

Contract Review

All legal agreements between Winthrop and another individual or entity, should be reviewed by the Office of General Counsel. Some documents also require the review of other campus divisions, such as, but not limited to: procurement, human resources, or data compliance/privacy.

 

What is a contract or agreement which requires legal review:

Any agreement made on behalf of Winthrop with any person or entity which promises that something will done for some type of benefit must be reviewed.  This would be any document which commits the funds, personnel, facilities, equipment, property, protected data, or other resources of the University. It also includes any agreement which creates a revenue stream for the University.

Other terms sometimes used to refer to a contract include, but are not limited to: agreement, memorandum of understanding (MOU), memorandum of agreement (MOA), lease, deed, license, use permit, letter of agreement, letter of intent, bond, or loan.  Any offer which is extended by the University which, if accepted, would form a binding agreement must also be reviewed.

Clinical Affiliation Agreements and Memorandums of Understanding for Student Applied Learning Experiences should be reviewed by the Office of General Counsel prior to signature by the appropriate University official. If the document is a pre-approved template, review will be expedited.

Prospective university policies which need legal review can also be submitted under this document review process.

If you have any questions regarding agreements, please contact our office at legal@winthrop.edu.
 

Contract Authority

As of _______________, only the President or the Secretary to the Board of Trustees have the authority to sign the majority of the agreements which bind the University.  In some instances, the President and the Chair of the Board of Trustees are required to sign an agreement.  No other employee has the authority to bind the University in legal agreements.  
All documents will be routed to the Office of the President by the Office of General Counsel for signature at the completion of the review process. 

 

Contract Administrators

A contract administrator is the person who will be responsible for ensuring that both Winthrop and any third parties meets all of the obligations or deliverables in the agreement.  This person will be the Winthrop point of contact with outside parties.  Contract administrators must review terms prior to legal review to ensure the document describes all of the needed terms relative to the anticipated relationship. While there are several areas of campus that may review a document for compliance with policies, laws and regulations, the Contract Administrator is responsible for ensuring that terms are reasonable and acting in the role of a fiduciary, has reached a fair and good bargain on behalf of Winthrop University.

Contract administrators should contact the Office of General Counsel if there are concerns related to proposed terms.

Prior to submitting a document for legal review, the contract administrator should have the contract routing form completed by their campus division.  This form along with any documents must be uploaded to the Office of General Counsel through the Request for Document Review form.  

 

Campus Division Points of Contact

Some campus divisions may choose to designate a point of contact (POC) to manage and prioritize documents.  POCs will receive periodic training to assist with this role. Where a POC has not been selected, the Vice President of that division will serve in that role.

Division POCs will receive weekly updates regarding the status of their documents.

 

Legal Review

After a document set is submitted to the Office of General Counsel, it will be reviewed for compliance with relevant state and federal laws.  The Office also works with other review areas regarding compliance issues. 

 

Other Divisional Review

Depending on the type of document, other campus departments may also need to review the proposed agreement.  The Contract Administrator will select the needed reviews.  Once the files are uploaded to the Office of General Counsel, they will be forwarded to the other relevant reviewing areas.  Those areas may include the following:

  • Procurement-purchases

  • Privacy/Data Compliance-data sharing

  • Information Security-software, software as a service, hardware

  • Information Technology-hardware, software, change in processing needs which creates the need for additional hardware

  • Human Resources-planned hires or grants that propose to change employment types

  • Budget-proposed revenue streams and/or credit card processing

 

Review Routing Process

After appropriate review and signatures by the department, dean, and/or VP level, agreements should be forwarded to the Office of General Counsel for legal review. All agreements must be accompanied by the appropriate routing form.

All agreements should be uploaded to the Office of General Counsel by the Contract Administrator or Campus Division point of contact via the Request for Document Review Form.

 

Routing Procedures

Once the Request for Document Review Form  has been submitted, the submitter will receive an email confirmation. The agreement will be routed to any additional divisions for specific reviews.  

The campus division point of contact will receive weekly status updates regarding any document in the review process.

Once all needed approvals are received, the Office of General Counsel will forward the document to the appropriate party for execution.

Please allow an average of three weeks for contract routing and approval. If you have any questions about the routing process please contact us at legal@winthrop.edu.

For more information, please see the Contract Authority Policy.

Last Updated: 7/13/22