Legal Documents and Processes
Legal documents received by all campus offices should be sent immediately to the Campus Legal Counsel for appropriate handling.
Various legal documents, such as Subpoenas, Summons, IRS Notices of Levy, Notices of Filing of Petitions in Bankruptcy, Wage Assignments, etc., are received from time to time in different offices throughout the University of Illinois at Urbana-Champaign. All such documents should be sent, immediately upon their receipt, to the Office of the Campus Legal Counsel, 258 Henry Administration Building, for appropriate handling. The Legal Counsel will assume the responsibility for handling those matters which should be handled directly and for notifying any other involved offices or persons of the actions which should be taken by them.
Prompt notification of the Legal Counsel is essential in the case of all legal documents attempted to be served or received in the mail. In some cases a delay in responding thereto can result in the loss of valuable rights. Therefore, the person receiving such documents should normally telephone the Legal Counsel's Office, 3-0560, immediately upon such receipt.
Should a process server attempt to make service of Summons upon the University by serving an officer, staff member, or employee, that individual should advise the process server that he or she has no authority to accept such Summons on behalf of the University and that the Secretary of the Board of Trustees, 354 Henry Administration Building, Urbana, is the appropriate person for service. If the process server persists in serving the document, the individual staff member should accept the delivery, attempt to learn the identity and capacity of the process server and should make a written memorandum covering the attempted service, including the date, time, and place of attempted service, name and office of the process server, and all conversation between the process server and the individual upon whom the service is attempted. Such memorandum and the Summons should immediately be hand delivered to the Office of the Legal Counsel. If the process server did not leave the Summons, the staff member should attempt to learn the name and number of the case and the identity of the Court in which the case is pending and include that in the memorandum.
Summons addressed to a particular individual, either in his or her official capacity or as an individual, must, of course, be accepted by that individual. If such Summons related to the University work of such person, or if the University appears to be named as a party in the litigation, a similar procedure should be followed in reporting the service of said Summons to the Office of the Legal Counsel as is provided above for service of Summons attempted to be made against the University.
Subpoenas calling for the production of different kinds of University records may be received. Often such a Subpoena will require production of records from several offices. Primary responsibility for compliance with a Subpoena, under the direction and guidance of the Legal Counsel, is assigned as follows:
- For student records, the Office of Admissions and Records
- For nonacademic personnel records, the Staff Human Resources Office
- For academic and administrative staff records, the Office of the Vice Chancellor for Academic Affairs
- For any other records, the office or individual designated by the Legal Counsel.
The Legal Counsel, in sending the Subpoena to the appropriate office as specified above, will provide the necessary copy and advice to any other office which may be involved, requesting that office to temporarily transfer its records to the office listed above having primary responsibility for the purpose of complying with the Subpoena. (Except in most unusual cases, as directed by the Legal Counsel, original records will be required to be submitted. Copies will not suffice, ordinarily.) The offices receiving such advice and direction from the Legal Counsel will thereupon transmit their records to the office having primary responsibility.
The office that in fact complies with a subpoena or other lawful commandment to produce a student's record must notify the student of the service of the Subpoena and the University's intention to comply with its requirements. Under the provisions of the Family Educational Rights and Privacy Act of 1974, as Amended, such notification must be made prior to the actual release of information. The Vice Chancellor for Student Affairs is to be provided with a copy of all subpoenas requiring production of student records.
The Staff Human Resources Office will attempt to notify nonacademic personnel, and the Office of the Vice Chancellor for Academic Affairs will attempt to notify academic and administrative personnel of Subpoenas received requiring production of their records.
With respect to other legal documents received, the appropriate officers will take whatever action is necessary as directed by the Legal Counsel.