Guidelines/Procedures


Subject: Legal Services:  Management of Subpoenas and Lawsuits
Guideline/Procedure for AR#:

3.03.010

Date Effective:   02/16/2005

 

A.      College Documents

 

1.      Any employee that receives a subpoena that requests College documents or employee records shall forward the subpoena to the Associate Vice President of Human Resources.

 

2.     The Associate Vice President of Human Resources will direct the subpoena to the appropriate office for response to the subpoena. 

 

3.       The Associate Vice President of Human Resources may consult with legal counsel, as needed.

 

4.     The Associate Vice President of Human Resources shall notify an employee if his or her personnel records or documents are subpoenaed.

 

B.     Student Records

 

1.       Any employee that receives a subpoena that requests student documents or records shall forward the subpoena to the Director of Admissions.

 

2.       The Director of Admissions shall ensure compliance with the subpoena.

 

3.       The Director of Admissions may consult with legal counsel, as needed.

 

4.       The Director of Admissions shall notify a student if his or her documents or records are subpoenaed.

 

C.     Police Records

 

1.       If the Police Department receives a subpoena that requests records from the department, the Chief of Police shall prepare the documents to be submitted in response to the subpoena.

 

2.       A copy of the subpoena and response documents shall be reviewed and approved by the Associate Vice President, Office of Human Resources.

 

3.        If there is any employee information released in response to the subpoena, the Office of Human Resources shall notify the employee of the subpoena and documents submitted.

 

4.        Legal Counsel may be consulted, as needed.

 

D.    Other Documents

 

1.        If any ACC Office or department receives a subpoena requesting ACC information, the person receiving the subpoena shall contact the Associate Vice President, Office of Human Resources, for assistance in the management of the subpoena in accordance with ACC policies and practices.

 

2.        If an ACC employee receives a subpoena with a court “gag order” attached, the employee shall comply with the order.

 

  E.   Lawsuits

 

1.      Any lawsuit in which the College or ACC Board of Trustees is a named party shall be forwarded to the President’s Office for management.  The President may consult with legal counsel, as needed.

          

2.      Any agent of ACC that is a named party of a lawsuit affecting ACC or for actions taken within the scope of his or her ACC employment may contact the Associate Vice President of Human Resources for guidance and assistance.

 

3.       Legal Counsel shall prepare responses to lawsuits and make a determination regarding legal representation of ACC employees or agents involved in a lawsuit.

 

 


President/Vice President:   Stephen B. Kinslow Date:  10/17/05