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University Governance, Ethics, Integrity, and Legal Compliance

Subpoenas, Receipt of

Scope

Faculty and staff

Policy Statement

Only designated University personnel are authorized to receive service of a subpoena on behalf of the University as follows:

  • The Chancellor, Vice Chancellor and Provost, University Counsel, or the Comptroller may receive any subpoena on behalf of the University;

  • The Registrar may receive subpoenas for student records other than disciplinary;

  • The Senior Vice President and Dean of Student Affairs may receive subpoenas for student disciplinary records.

All subpoenas are to be sent to the Director of Risk Management, who will coordinate with appropriate units that may have responsive information. If the subpoena requires the production of employment-related information, Risk Management will ensure the Chief Human Resources Officer receives a copy.

In the event that a non-authorized University employee receives service of a subpoena, it should immediately be referred to one of the designated authorities listed above, noting who received the subpoena, when it was received, the manner in which it was served, and whether any fees were tendered with it. Under no circumstances is any person, including a designated authority, to agree to accept a subpoena by mail.

The designated authorities listed above are responsible for compliance with the subpoena, and will coordinate with University Counsel and all departments within the University that may have responsive information, and those departments are required to share such information with the designated authorities.

The designated authorities responsible for responding to subpoenas for student records will ensure compliance with FERPA (the Buckley Amendment) in releasing such information, including determining that the subpoena has been validly issued and served, and giving prior notice to the student(s) involved of the University's intent to produce records, before complying with the subpoena.

Policy Administration

Links to Procedures and Related Information

Date: September 2005
Amended: March 13, 2008


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