Policies and Procedures
Policies and Procedures
Subpoenas and Summons
What should I do if I am served with a Subpoena or a Summons at work?
No one outside of the Office of Legal Affairs should accept service of process on behalf of the University or its affiliates, but sometimes this is unavoidable, especially if service is by mail. Upon receipt of a subpoena or summons, immediately notify the Office of Legal Affairs by phone at (434) 592-7200 and note the date and time of service on the face of the document served. The original copy of the subpoena or summons and all attached documents must then be hand-delivered, on the day of receipt, to the Office of Legal Affairs, Green Hall Suite 2730. Always keep the documents and content of the documents confidential. What follows is the detailed procedures for handling subpoenas and summonses.
Service of Process Policy:
1. Service of Summons and Complaint upon Liberty University as a Defendant:
Refer the process server to the Office of Legal Affairs immediately, do not accept service. The General Counsel, as Registered Agent, is the only person authorized to accept service and will accept service on behalf of Liberty University (and its affiliates).
2. Service of Summons or Subpoena upon an Employee or Student as an Individual Defendant:
If the process server wants to deliver the summons and complaint to the employee or student, the process server should be advised to coordinate the service of the documents with Liberty University Police Department, who will escort the deputy or process server to the employee or student.
If a process server requests to leave the summons and complaint at an employee’s office, office staff should accept the documents and note the time and date of service on the face of the document. The summons and complaint should then be delivered to the employee immediately. Office staff should not sign any document offered by the process server, but should provide their name and title.
An employee served with a summons and complaint who has been sued based on conduct occurring during the course of employment with Liberty University or one of its affiliates should immediately contact the Office of General Counsel. An employee served a summons and complaint who has been sued based on conduct unrelated to employment with the Liberty University may wish to consult a private attorney.
3. Subpoenas For Appearance, Production Of Documents Or Deposition
All employees must immediately contact the Office of Legal Affairs by telephone and receive instructions before taking any action regarding any subpoena from any court or government authority, which document may require a personal appearance in a matter involving the University or one of its affiliates, the production of University documents, an inspection by an outside attorney, party or government official of University controlled property or items, or require an employee to give a deposition in a matter involving the University or one of its affiliates. If the matter does not involve the University or its affiliates, the employee must give notice, in writing, to his or her supervisor within one working day, along with a copy of the subpoena. The Office of Legal Affairs can offer advice and counsel in responding to subpoenas and warrants when they concern University matters or an employee’s actions while on the job. Otherwise, employees and students must look elsewhere for legal advice.
Investigations and Warrants
Liberty University Search Warrant Policy:
Purpose
The purpose of this policy is to provide instruction and guidance for employees who are served with search warrants, including search warrants for regulatory inspections, on the campus of Liberty University.
A search warrant is a document issued by a court or government agency that authorizes a law enforcement officer or somebody else named in the document to go into a building or open a container, to search and seize anything that might serve as evidence of a legal violation or could be used to violate the law (e.g., computers, file cabinets, electronic records, paper documents, etc.).
Policy
Any Liberty University employee who is approached by law enforcement officers or other government agents who are attempting to conduct a search of an employee on the job or search of property owned or controlled by Liberty University should contact the General Counsel, David Corry, in the Office of Legal Affairs by phone (434) 592-7200 immediately. The General Counsel of the University has the right to review the warrant and keep a copy of the warrant and any supporting or attached documentation.
Liberty University employees cannot allow any law enforcement officer or other government agents to conduct a search on University property without a valid search warrant signed by a Judge, or similarly binding order.
Anyone identifying themselves as a law enforcement officer or government agent with a search or arrest warrant should be asked to show official identification and provide a copy of the warrant and the affidavit supporting it to the individual to whom it is presented. If the affidavit in support of the warrant is not attached, the employee being served should ask for a copy of the affidavit. Additionally, the employee may provide assistance to the official in locating items to be searched or sized, if requested and permitted by the General Counsel and/or employee’s direct supervisor. If any items are seized and the official intends to take any items from Liberty University premises, be sure to obtain a list of those items and, if possible, copies or samples of those items, called an “inventory.” Forward the inventory to the General Counsel in the Office of Legal Affairs immediately.
Procedures
The warrant must identify the place to be searched and may have a set time limit (for example a warrant specifying that it is valid for daytime searches only). All warrants have an expiration date. Employees should read the warrant and make sure the warrant gives the law enforcement officers or government agents the authority to search the premises of Liberty University.
When the employee contacts the General Counsel, the employee should relate certain information from the warrant, scan a copy of the warrant to dcorry@liberty.edu or fax a copy of the warrant to the Office of Legal Affairs (434) 582-3871. The employee should relate the following information: the facts of the warrant, the law enforcement or regulatory agencies involved, the areas to be searched under the provisions of the warrant, and the types of evidence to be seized under the warrant.
The employee should also contact Liberty University Police Department (LUPD) and the employee’s supervisor to let them know that a law enforcement or government agency is on campus executing a warrant. The direct supervisor should conduct a quick preliminary inspection to ensure the property is ready to be searched or inspected. An opening conference should be held with the law enforcement officer or government agent to discuss the purpose and scope of the warrant. The law enforcement officer or government agent must understand that he or she is expected to follow all safety rules at all times. An escort will be designated to accompany the law enforcement officer or government agent at all times.
While the law enforcement officers or government agents are executing the warrant, it is a crime to obstruct an agent in the lawful exercise of his or her duties; however, asking questions and requesting a copy of the warrant are not obstruction. Remain calm, polite, and observant while the law enforcement officers or government agents are executing the warrant. Observe the course of the search, but do not interfere with it. Take notes of what is observable, including the lead officer or agent’s name and agency. Officers and agents may use photocopy machines instead of seizing records with clearance from the department supervisor or Human Resources. If requested and permitted by the General Counsel and/or employee’s direct supervisor, the escort may provide assistance for locating items listed. If the warrant names a specific area or property within a facility to be searched, rather than the entire facility, an escort should ensure that the law enforcement officer or government agent goes only to the specific area or property named in the warrant. A predesignated route can be determined at the opening conference for this purpose.
When executing a search warrant and seizing items from that search, all Federal and State agents are required to leave an inventory of items taken during the search. The employee is to be sure to obtain a copy of this inventory, including any copies and/or samples of the items in inventory, and forward them to the Office of Legal Affairs immediately.
The employee should be conscious of the fact that any conversations with an officer or other government agent will eventually be documented and probably used at a later date. Other than to assist agents in locating items specified in the warrant, Liberty University employees do not have to submit to questioning.
Destruction of Evidence
No employee is to destroy Liberty University records or documents in response to a warrant, subpoena, or production request. Employees should behave in accordance with the policies established by Liberty University for the retention and destruction of records.
Checklist Recap:
Employees receiving the warrant need to:
- Check for proper identification.
- Request a copy of the warrant and supporting affidavit(s), if any.
- Read the warrant and the affidavit.
- Write down the name and agency of the lead agent.
- Call the General Counsel immediately.
- Notify LUPD and direct supervisor immediately.
- Direct supervisor conducts a quick preliminary inspection to ensure the property is ready to be searched or inspected.
- An opening conference should be held with the law enforcement to discuss the purpose and scope of the warrant.
- Designate an escort to accompany the law enforcement at all times.
- If requested and permitted by the General Counsel and/or employee’s direct supervisor, escort may provide assistance for locating items listed.
- Obtain a copy of the inventory, including copies and/or samples of items in inventory.
- Forward inventory, including copies and/or samples, and notes to General Counsel.
Contract Review
Most contract review is initially undertaken by the Procurement Department, who involves the Office of Legal Affairs as necessary.
Procurement Department
Contract Review Form