Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement
The office of legal affairs is
responsible for coordinating responses to all subpoenas ordering the university
or its officers, administrators, employees, student employees, faculty or
residents due to his or her status as a university employee to respond.
The university will ensure timely and
appropriate responses to subpoenas by ensuring that the office of legal affairs
is served with any and all subpoenas directed to the university or its
officers, administrators, employees, faculty, or residents arising of
performance of their university duties.
(B)
Purpose of
policy
To protect the legal interests of the
university by ensuring timely and appropriate responses to subpoenas directed
to the university or any of its colleges, departments, or offices, and to
subpoenas directed to officers, administrators, employees, faculty, or
residents concerning their university duties.
(C)
Scope
This policy applies to any and all
officers, administrators, employees, student employees, faculty or residents
who receive a subpoena related to university business or who a subpoena server
attempts to serve with a subpoena related to university business.
(D)
Procedure
(1)
Personal service of subpoenas: subpoena servers attempting to personally serve
subpoenas on the university or one of its officers, administrators, employees,
faculty, or residents, are to be directed to the office of legal affairs as
explained below. If an attempt to personally serve a subpoena occurs on a
weekend or holiday, or outside of normal office hours, the server is to be
advised to return the next business day to the office of legal affairs.
(a)
On health science
campus, including the medical center, subpoena servers are to be directed to
the office of legal affairs, third floor, Mulford library building, health
science campus.
(b)
On main campus or the Scott park campus, subpoena
servers are to be directed to the office of legal affairs, third floor,
university hall, main campus.
(c)
For any other
university location, servers are to be directed to one of the two office of
legal affairs locations.
(d)
The office of legal affairs is the only office
authorized to accept personal service of a subpoena directed to the university
or one of its colleges, departments, or offices.
(2)
Mail services is
authorized to accept subpoenas served through the mail, so long as the subpoena
is promptly directed to the office of legal affairs as described above in
paragraph (D)(1) of this rule.
(3)
If an officer,
administrator, employee, student employee, faculty, or resident is specifically
named in a subpoena, he or she is authorized to accept service of the subpoena
on behalf of himself or herself only, subject to the following:
(a)
If the subpoena
relates in any way to the individual's position with the university, the
individual must immediately fax, email, or personally deliver a copy of the
entire subpoena to the office of legal affairs.
(b)
Officers,
administrators, employees, student employees, faculty, students, or residents
are not authorized to respond to or appear pursuant to a subpoena that relates
in any way to the individual's position with the university without direction
from the office of legal affairs.
(4)
University
officers, administrators, employees, student employees, faculty or residents
must promptly provide to the office of legal affairs the records requested and
must make themselves available as directed by the subpoena unless alternate
arrangements are made through the office of legal affairs.
