Office of General Counsel

What We Do

The Office of General Counsel (OGC) is comprised of dedicated legal professionals charged with advancing Lindenwood University’s mission and values in collaboration with University administrators, faculty, and staff. The OGC represents Lindenwood in legal matters and is responsible for assessing and minimizing potential liabilities and risks facing the University. The OGC helps ensure institutional compliance with applicable federal, state, and local laws, regulations, and University policies. The OGC also provides legal and strategic advice to Lindenwood’s administration on a wide range of legal, regulatory, and other matters related to University operations.

The OGC upholds its obligations to the University through the efforts of its in-house counsel, and, when appropriate and necessary, outside counsel selected and supervised by the OGC.

The OGC does not represent individual employees or students and, as such, does not provide personal legal advice or services for Lindenwood employees or students. The information on this website is informational only and does not constitute legal advice. Please address inquiries and/or questions relating to potential legal matters concerning the University to OGC attorneys.

Examples of Legal Services

The following is a non-exhaustive list of examples of legal service areas in which OCG is typically involved:

Commercial Transactions
Contract Drafting and Review
Corporate Governance
Enterprise Risk Management
Injuries to Persons or Property
Insurance Matters
Intellectual Property
Internal Investigations
Labor & Employment Law
Legislative Review and Interpretation
Litigation
Policy Drafting and Review
Real Estate
Regulatory Compliance
Responding to Reports of Alleged Wrongdoing
Student & Academic Affairs Matters

Attorney-Client Privilege

The attorney-client privilege promotes open, complete, and honest communication between clients and their attorneys by designating communications between them regarding legal advice and services as privileged. In the broad sense, the attorney-client privilege protects the disclosure of information discussed and shared between a client and attorney. Generally speaking, for communications to be considered privileged, there must be (i) a communication, (ii) made between privileged persons – attorney and client, (iii) in confidence, and (iv) for the purpose of obtaining or providing legal assistance or advice, subject to certain limited exceptions. To avoid the inadvertent disclosure of privileged information, it is imperative to consult with legal counsel from OGC and follow all lawful directives before discussing or sharing confidential matters.

Policies

The OCG also works on, and with, many Lindenwood policies. Below please find links to all University policies and well as some in which the OGC is commonly involved.

Reporting

Reports of potential violations of University policies, laws, and/or regulations may be made directly to the University’s general counsel’s office. The same may also be made anonymously to Lighthouse Services, the University’s independent and confidential 3^rd party reporting service. Lighthouse will review each report and coordinate with appropriate personnel of the University. Lighthouse can be reached using the following methods:

Website
Toll-Free Telephone: 1-844-700-0014
E-mail: reports@lighthouse-services.com (must include company name with report)

Reports of employment related concerns or matters may be made to Human Resources, and reports of sexual misconduct related concerns or matters may be reported to the Title IX Coordinator consistent with the above policies.

Who We Are

The OGC include the University’s Vice President and General Counsel, and the Associate General Counsel.

Mark Falkowski, Esq.

Mark joined Lindenwood in the spring of 2020. Since joining, Mark has been responsible for managing the successful corporate restructuring into an education system, the acquisition of another institution of higher education, a tax-exempt bond transaction, and many other complex contracts and transactions. Mark’s work also includes advising on corporate board governance and oversight matters, in addition to the management and oversight of Lindenwood’s legal affairs. Prior to joining Lindenwood, he was a member of a higher education practice group for a large national law firm and general counsel for another private, nonprofit institution of higher education, as well as in-house counsel for a proprietary institution of higher education. He has successfully represented numerous colleges and universities in state and federal courts and in various administrative agency proceedings, including with the U.S. Department of Education.

Mark Falkowski, Esq.
Vice President and General Counsel
209 S Kingshighway
Saint Charles, MO 63301
(636) 949-4916
mfalkowski@lindenwood.edu

Shay Irby, Esq.

Shay joined Lindenwood in the fall of 2023 and brings valuable in-house counsel experience from both private and public institutions of higher education. Shay’s legal experience supports all areas of University operations and helps ensure compliance with state and federal laws and regulations applicable to University operations including the ACA, ADA/Section 504, the Clery Act, COBRA, ERISA, FERPA, FLSA, FMLA, HIPAA, Title IV, Title VI, Title VII, and Title IX. In addition to supporting and responding to day-to-day legal needs of Lindenwood, Shay also provides cross-functional proactive and preventative advice and guidance. Prior to joining Lindenwood Shay also served as a Missouri public defender.