40.14.0 Subpoena Policy
The Vice President of Administration has been duly designated to receive legal service of process on behalf of SUNY Canton. Immediate supervisors must be notified whenever an employee receives a subpoena.
Requests for personally identifiable information and/or subpoenas received by the campus should be directed by interoffice mail or fax to the Vice President for Administration within 24 hours of receipt. Do not release any information to the subpoena server.
The Vice President for Administration’s office will contact SUNY Office of General Counsel for approval and further direction. Whenever possible, the person named on the subpoena will be notified of the subpoena and the date the campus intends to comply with the subpoena unless the subpoena, on its face, properly directs that the individual not be notified.
The Vice President for Administration (VPA) will validate the subpoena with SUNY’s Office of General Counsel, and if information can be released, the VPA will coordinate notification to the named individual(s). The person named in the subpoena as well as the custodian of record will be copied in the response letter, where legally permitted.
For additional information regarding this policy or related procedures, please contact the Vice President for Administration’s Office.
40.14.1 Receipt of Subpoena
- If Employees are asked to accept service of a Subpoena on behalf of SUNY Canton or another employee, they should decline as they are not authorized to accept legal service of process and inform the process server to bring the documents to the Office of the Vice President for Administration.
- If the process server leaves the Subpoena anyhow or such subpoena is received by regular mail or electronic mail, employees must immediately forward a copy to both their immediate supervisor and the Vice President for Administration.
- Supervisors receiving a Subpoena from an employee must immediately forward a copy to the Vice President for Administration.
- University Police receiving a Subpoena will verify the validity of the subpoena with the issuing entity and then forward a copy to Vice President for Administration.
40.14.2 Validation and Legal Counsulation
Unless otherwise described herein, the Vice President for Administration will coordinate subpoena’s validity, including proper service, and obtain the requisite approval with SUNY’s Office of General Counsel.
40.14.3 Notification
- If approval is received from SUNY’s Office of General Counsel, the Vice President for Administration will coordinate the notification to students/employees named in the Subpoena informing them that the College has been subpoenaed to release designated records.
- Individuals named in Subpoena(s) whose information is being requested shall be notified of the Subpoena unless the Subpoena duly states and/or orders “DO NOT DISCLOSE THE EXISTENCE OF THE SUBPOENA TO THE SUBJECT PARTY” (or equivalent).
- If it is during the semester, the Vice President for Administration (or Designee) will send letters to local addresses or emails to their official SUNY Canton email, and individuals will be given three (3) days (where possible) to respond with an objection to the release of this information. If it is between semesters or the individual is no longer enrolled, the Vice President for Administration (or Designee) will send letters to permanent/last known addresses or emails to their official SUNY Canton email (if still active), and individuals will be given seven (7) days (where possible) to respond with an objection to the release of this information.
- The College will use reasonable efforts when trying to contact the students/employees named in the Subpoena.
- If the student/employee named in the Subpoena objects to the Subpoena, they must contact the court or other entity from which the Subpoena was issued.