Administrative Unit
Office of Legal Counsel of the Rector
OUR Activities
The Office of Legal Counsel of the Rector is responsible for the University’s judicial and extrajudicial proceedings, as well as legal matters related to its administration. In the performance of its functions, the legal advisory service issues concepts, drafts administrative acts, represents the University in judicial matters, and, in general, provides all forms of legal support required by the Rector’s Office, the Vice Rector’s Offices, and the Academic-Administrative Units.
OBJECTIVE AND Scope
To provide legal advice and representation to the University in a timely manner and in accordance with current regulations, as well as to provide information and respond to requests from internal and external entities.
This applies to all activities that require legal advice, monitoring, and representation in judicial and extrajudicial proceedings, responses to requests of a legal nature, the provision of information, and the handling of requests from internal and external entities.
OUR Services
REQUEST FOR SUPPORT, GUIDANCE, OR Legal Opinion
It is an analysis of legal content, expressed in terms of conclusions, whose purpose is to serve as a source of information or guidance regarding the issues raised by the requester.
Who may request support, guidance, or a legal opinion from the Legal Office?
In the exercise of its advisory role, the Legal Office provides legal advisory services to the Rector’s Office, Vice Rector’s Offices, and other Academic-Administrative Units of the University, in support of the institution’s core functions (Teaching, Research, and Outreach).
How can support, guidance, or a legal opinion be requested from the Legal Office?
Any unit, in the exercise of its functions, that requires support, guidance, or a legal opinion must submit a request in writing, either in physical form or via email to juridica@uis.edu.co, addressed to the Legal Advisor, including, among others, the following:
- Background information
- A clear statement of the purpose of the request
- Supporting documents, as applicable
Once the Legal Office has analyzed the applicable regulations for the case in question, it will issue a legal opinion in accordance with Article 28 of Law 1437 of 2011.
JUDICIAL Representation
By statutory provision, the legal representation of the University is vested in the Rector, and judicial representation is assigned to the Legal Advisor of the Rector’s Office, in accordance with current internal regulations. In this regard, all procedures before the different judicial and administrative authorities in which the University acts as a party or is required to participate—such as judicial proceedings, administrative actions, conciliations, among others—must be carried out through this Legal Advisory service.
TOPICS OF Interest
Right of Petition
It is a fundamental right established in Article 23 of the Political Constitution, through which all persons may submit respectful requests to public authorities and private organizations.
Any respectful request, whether written or oral, submitted to any public official must be addressed clearly, fully, substantively, and within the legally established timeframe.
Depending on the purpose of the petition, it may be classified in different ways, each with a specific term for response, as follows:
Documents
Petitions through which copies of documents that are not subject to legal confidentiality are requested (the cost of copies is borne by the requester). The response to this type of petition must be provided within ten (10) business days, counted from the day following the receipt of the petition by the University.
Information
Petitions requesting access to information regarding the actions of authorities. The response to this type of petition must be provided within ten (10) business days, counted from the day following the receipt of the petition by the University.
Inquiries
Requests submitted either verbally or in writing to authorities regarding matters within their competence (legal opinions). These must be resolved within thirty (30) business days, counted from the day following the receipt of the inquiry by the University.
Other (General Rule)
The response to this type of petition must be provided within fifteen (15) business days, counted from the day following the receipt of the petition by the University.
Who has the authority to resolve petitions?
Each Academic-Administrative Unit must respond to petitions submitted in relation to matters within its competence, as it has direct knowledge of the issues and the necessary information to do so. However, when petitions involve matters of significant legal relevance, the Units may request support from the Office of Legal Counsel.
What happens if an Academic-Administrative Unit is not competent to resolve a petition?
If the Academic-Administrative Unit to which the petition is addressed does not have the competence to resolve it, it shall immediately inform the requester verbally, or within five (5) days following receipt if the request was submitted in writing. Within this period, the petition shall be forwarded to the competent authority, and a copy of the forwarding communication shall be sent to the petitioner; if no competent authority exists, this shall be communicated accordingly.
The time limits for deciding or responding shall be counted from the day following the receipt of the petition by the competent authority.
Expert Opinion
It is a document prepared by a person commonly referred to as an expert witness, who, based on their scientific, artistic, or technical knowledge, is appointed by a judge or magistrate in order to provide relevant information in a judicial proceeding and issue a reasoned opinion.
The expert report must be clear, precise, and detailed; that is, it should not be ambiguous so that it can be properly understood by the judge. It must address only the subject matter requested, and its content must set out the grounds that support the conclusions reached.
Who may serve as expert witnesses?
Individuals who hold a legally recognized qualification in the relevant science, technique, or art may serve as expert witnesses, as well as those who, even without such a qualification, are recognized as having sufficient expertise in the respective field, trade, or profession.
When the expert witness is a public servant, the appointment is mandatory and must be accepted and carried out. The appointment may only be declined due to illness, impossibility of performance, lack of adequate means to carry out the assignment, or any applicable grounds of conflict of interest.
Cooperation Agreements
It is an agreement of wills entered into between the University and other public entities or private legal entities, whether national or international, aimed at the joint execution of academic, research, or outreach projects through the pooling of efforts by the parties. Such contributions may take the form of money or in-kind resources, including human talent, infrastructure, or knowledge, among others, all of which are subject to economic valuation.
Cooperation agreements are governed by the applicable institutional regulations in force, except for those whose specific purpose is science, technology, and innovation, to which the legal provisions governing these matters shall apply.
For further information regarding the content, procedures, and requirements for the management and execution of cooperation agreements, please refer to:
- Resolution No. 177 of 2020, which updates the Manual of Procedures for the Execution and Monitoring of Agreements, in accordance with the provisions of Higher Council Agreement No. 079 of December 12, 2019, and establishes additional provisions.
- Higher Council Agreement No. 079 of 2019, Statute and Regulations for the Procurement of Goods and Services of the Universidad Industrial de Santander.
Tutela Actions
It is a preferential and summary constitutional procedure aimed at the protection of fundamental constitutional rights when they are threatened or violated by the action or omission of any public authority or private individual, in the cases established by law.
What is the procedure to follow once a tutela action against the University has been notified?
Immediately and by the most expeditious means, the Academic-Administrative Unit must forward the tutela filing to the Office of Legal Counsel, along with the documents related to the background of the case, in order to proceed in accordance with the applicable terms established for each case.
PROCESS Regulations
INTERNAL REGULATIONS
The regulations associated with the position of Legal Advisor apply, in compliance with the functions described in the “Manual of Functions for Managerial, Advisory, Executive, and Professional Positions of the Universidad Industrial de Santander,” as well as other provisions established by the Institution.
EXTERNAL REGULATIONS
LEGAL PROCESS Documentation
Within the framework of the Quality Management System, documented information is available for the Legal Process, facilitating knowledge management and the execution of activities.
Conciliation and Judicial Defense Committee
JUDICIAL Notifications
In accordance with the provisions of Article 197 of Law 1437 of 2011 (“Electronic address for notification purposes”), the Universidad Industrial de Santander has designated an exclusive email account to receive judicial notifications issued by the different jurisdictions, which must be sent to the following address:
notjudiciales@uis.edu.co
Would you like more information? Contact Us
Office of Legal Counsel of the Rector
Telephone: +57 (607) 634 4000
Extension: 2223
Email: juridica@uis.edu.co
Campus Central UIS
Bucaramanga, Santander
Carrera 27 calle 9
Edificio Administración 1, segundo piso
Office Hours
Monday to Friday
7:00 a.m.- noon
2:00 p.m. – 5:00 p.m.