VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U021

3.2. Subpoenas for College Records A subpoena may require an individual to do any of the following:

• Produce papers, records, books, or other physical items (including electronic records) for inspection and/or copying; • Appear and testify in person at a trial, hearing, or other court proceeding; and/or • Appear in person for a deposition before trial and/or produce documents at the deposition. A subpoena duces tecum is a legal document compelling the production of certain designated materials that may be relevant to a pending judicial proceeding. The person or department responding to such a subpoena typically must have control, custody, or possession of the requested materials. The following process will be followed upon receipt of a subpoena: 1. If you are served with a subpoena related to your employment at VCOM you must contact Vice President for Institutional Policy and Administrative Law immediately. The recipient of the subpoena must coordinate with Vice President for Institutional Policy and Administrative Law before disclosing any documents requested. 2. Should the College be served with a subpoena, the Vice President for Institutional Policy and Administrative Law will notify affected College personnel of the subpoena and will inform them of their obligation to identify, preserve, and collect all evidence that may be relevant to the subpoena. 3. Once notice of a subpoena has been issued, Vice President for Institutional Policy and Administrative Law will continue to monitor compliance with this policy and the subpoena and will be responsible for collecting the required documents and submitting to the required parties. 4. Any College employee subject to a subpoena must consult with senior IT leadership for assistance in securing and preserving their electronic records. • Employee Terminations: In the event an employee leaves the college, IT must validate and verify the document backup is complete and preserved. This is done prior to formatting and reassigning the corporate asset. • New Computer: In the event an employee’s computer is identified for lifecycle replacement, IT validates and verifies the document backup is complete and preserved. This is done prior to formatting and reassigning the corporate asset. • Email accounts for college employees identified in the subpoena will be preserved in Microsoft purview as soon as practical after the date of notification of the legal/litigation hold. 5. College employees subject to the subpoena will submit all records involved to the Vice President for Institutional Policy and Administrative Law. 6. Vice President for Institutional Policy and Administrative Law will determine and communicate to affected College employees when evidence no longer needs preserved. Before disclosing student records, the College must usually notify the student of the subpoena. This notice is required by law and provides the student time and opportunity to challenge the subpoena, if the student cares to do so. RECORDS RETENTION SCHEDULE The Records Retention Schedule is a categorical listing of the current official repositories/creators of college records, the proper retention periods for records, and the method of destruction/retention. The 4.

VCOM Records Retention Policy

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