FAQ: Lawsuits and Subpoenas

Q: Our department was served with a lawsuit. How do we handle it?

A: Contact General Counsel's office immediately. Lawsuits must be answered in a timely manner, so it is of great importance that General Counsel becomes aware of it as soon as possible.

Q: Our department has received a subpoena. What do we do with it?

A: Contact General Counsel's office and deliver the subpoena to the office. A subpoena is an order of the court, it must not be ignored. The subpoena may comman you to appear at a specified date, time and location to testify; or, a subpoena may command you to produce certain documents. It is important to let General Counsel review the subpoena to determine the University's rights and responsibilities for compliance.

FAQ: Law Regarding Student Records

Q: Are there any laws or University policies regarding student records?

A: Yes. The Federal Family Educational Rights and Privacy Act (FERPA") establishes rules and regulations regarding access to and disclosure of student records.

Q: What is a student record under FERPA?

A: FERPA defines "student record" to include all records maintained by the institution that directly related to a current or former student. FERPA's broad definition of student record includes almost any medium you can think of including written, electronic, video, audio, and photos.

There are a few exceptions which are not considered student records for FERPA purposes which include:

• An adminsitrators or faculty member's own notes that are used only by that individual and are not shared with anyone else;
• Records that relate to the student as an employee;
• Medical, psychiatric or psychological records not shared with the institution;
• Records containing only information about a student after graduation, such as development or alumni records;
• Records maintined by the institution's law enforcement unit that were created by that unit for te prupose of law enforcement.

Q: Under what circumstances may I disclose the contents of a student's records without the student's consent?

A: Generally, a college or university who receives federal funding cannot disclose student records to anyone other than the student, including the student's parents, without the student's written permission, such as a release that has been signed and notarized. However, FERPA does establish several exceptions that allow the institution to disclose student records without the student's prior written consent.

FAQ: Harassment

Q: Someone has confided in me that they ahve been harassed on campus. What should I do?

A: they need to contact the Affirmative Action Officer at 628-5824. There is also a Training Program online that you can take at www.fhsu.edu/affirm/harassment.

Please note that nothing contained within this site and the related links may be construed as "legal advice" from the Office of General Counsel. The materials presented are for informational purposes only.