Purpose:
The purpose of this policy is to describe the procedures expected to be followed in response to receiving a subpoena or search warrant regarding Dyersburg State Community College (DSCC).
Scope:
This policy applies to those employees who receive a subpoena or search warrant in regard to the College. This does not include those subpoenas received for the disclosure of student records.
Policy:
If a law enforcement officer presents a subpoena or search warrant:
- Refer the officer to the most senior administrator available on campus or at the off-campus location.
- President
- Vice President for the College
- Vice President for Finance and Administrative Services
- Vice President for Technology
- Vice President for Institutional Advancement
- Off-campus administrator
- Immediately contact the senior administrator to alert them
- The senior administrator will verify that the law enforcement officer is a legitimate official of a recognized law enforcement unit.
- The senior administrator will notify the law enforcement officer that the College will need to contact the Tennessee Board of Regents (TBR) Office of the General Counsel for counsel.
- The TBR Office of the General Counsel will provide advice and assistance concerning the subpoena or search warrant.
All DSCC staff involved in the process of responding to a subpoena or search warrant for institutional records presented by a law enforcement officer have the duty to maintain the confidentiality of the request such that the matter may only be discussed with individuals who have a legitimate business need to know. DSCC will maintain accurate, comprehensive, and confidential written documentation of each request.
A subpoena or search warrant could be presented at non-standard times such as weekends and late nights (not likely to occur). The senior administrator will call the TBR Office of the General Counsel and leave a detailed voicemail message explaining the urgency of the situation. The TBR Office of the General Counsel will promptly respond to the call the next business day.
Compliance:
All faculty and staff are expected to adhere to this policy.
Definitions:
Subpoena – legal document requiring a specific person to appear at a particular time and place to testify as a witness and/or produce documents in the control of the witness (‘subpoena duces tecum”). A subpoena is used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at trial.
Search Warrant – judicial document authorizing law enforcement officers to conduct searches of people, locations or vehicles in order to obtain evidence for presentation in criminal prosecutions.
Revision History:
Policy written in 2001. Policy revised April, 2013; approved by Administrative Council on 06/26/2013.