Legal Services: Management of Subpoenas and Lawsuits

Administrative Rule
7.0301.03
Council: Administrative Services Council
Effective date: 09/08/15

Value Statement

The Austin Community College District (“ACC” or “the College”) recognizes the importance of complying with a subpoena. The College will respond in a timely manner to a subpoena issued by a government agency or official or issued in connection with any lawsuit after administrative and/or legal review.

Administrative Rule

Records shall be maintained in confidence in accordance with ACC’s policies and procedures and state and federal regulations and laws (e.g., medical information, ADA, FMLA, workers’ compensation).

When an employee or student record is subpoenaed, the appropriate record custodian shall receive and timely respond to the subpoena. The custodian shall immediately notify, in writing, the employee or student. The custodian may consult with the College’s legal counsel, as needed.

Notice of any lawsuit in which the College or the ACC Board of Trustees is a named party shall be forwarded to the Chancellor’s Office. The Chancellor’s Office may consult with the College’s legal counsel as needed.

Responsibilities

The Vice President, Office of Human Resources is responsible for receiving and responding to any subpoena that requests College documents or records regarding an employee.

The Director of Admissions is responsible for receiving and responding to any subpoena that requests College documents or records regarding a student.

If an employee receives a subpoena to appear on behalf of the college, the employee should contact the Vice President of Human Resources for consultation and assistance. If an employee acts within the scope of their employment and receives notice of a lawsuit in which they are a party and the lawsuit relates to the employee’s actions in the scope of employment, the employee should consult with the Vice President of Human Resources.

The Chief of Police is responsible for receiving and responding to any subpoena that is directed to the ACC Police Department. A copy of the subpoena and materials/documents to be submitted must be reviewed by the Vice President, Office of Human Resources, prior to being submitted in response to the subpoena. The College’s legal counsel may be consulted as needed.

The College’s legal counsel is responsible for providing guidance, direction and legal opinions to college administrators and making recommendations on managing subpoenas and lawsuits.

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