Q: What should faculty, staff, or student workers do if they are approached or contacted by federal immigration authorities?
A: Be polite and professional. Ask for appropriate identification if not easily recognizable. Immediately notify the UConn’s Office of the General Counsel (OGC) at 860-486-5796 or UConn Police at 860-486-4800. After hours contact OGC by email at Nicole.Gelston@uconn.edu. UConn OGC will ensure a valid search warrant, subpoena, or other enforceable legal document before releasing any documents, computers, records, or reports to government agents or law enforcement official unless otherwise required by law.
Q: What if authorities contact me seeking student information?
A: Remember that the federal student privacy law, known as FERPA, applies. In light of that, don’t share personal student information including class schedules until you receive confirmation from OGC or the police. OGC will coordinate with departments the provision of any records to government agents or law enforcement officials.
Q: Which campus locations are accessible to federal authorities?
A: Federal law enforcement authorities may access any area of campus if they have a judicial warrant, meaning a warrant signed by a judge, authorizing them to do so. Otherwise, they may access areas of campus that are considered public, and parts of campus that are not considered public if they are provided with consent to do so by an authorized campus official or, if a dwelling, the resident. An administrative warrant, which is distinct from a judicial warrant, would not give authorities the ability to access non-public areas of campus without consent.
Q: What spaces on UConn’s campuses are considered public and what are not considered public?
A: As a public university, most of our campus spaces are considered public. However, there are exceptions to this, including: residence halls, faculty and staff offices, clinical care spaces, and other spaces that are locked when not in use or can only be accessed using a key card. It is virtually impossible to definitively designate every space on UConn’s campuses as public vs. not public as it would depend on a number of factors. Fortunately, faculty, staff, and students do not have to make this determination themselves, or try to decipher what is a judicial warrant versus an administrative warrant, or decide on the spot whether or not to release information – this is why anyone who may encounter federal authorities, including faculty teaching in a classroom, should contact the General Counsel or UConn Police.
Q: What protections do I have if I am sued as a result of activities undertaken in the course of my employment?
A: Under state law, state employees sued due to actions taken within the scope of their employment are entitled to be provided a defense by the state through the Office of the Attorney General as long as such actions were not wanton, malicious or reckless or the Attorney General determines such representation would not be appropriate. Any such employee would also typically be indemnified by the state in the event there was any monetary judgment awarded against them. These rights are codified in state statute at sections 4-165 and 5-141d of the Connecticut General Statutes.
Q: What do I do if I am served with a lawsuit or receive a threat of litigation concerning my University role or employment?
A: Do not respond to any correspondence from the complainant or their attorney without first contacting the Office of the General Counsel and your direct supervisor.
Q: What do I do if I am served with a subpoena or other legal document?
A: As an employee at the University, you may encounter a situation in which a state marshal or other process server who is paid to deliver legal documents asks you to accept service of a legal document during the course of your workday. While less common, you may also receive these legal documents by mail or email. Typically, these legal documents consist of:
- Subpoena: A subpoena is a written order issued by a court, attorney, or administrative agency. A subpoena generally requires a person to provide testimony and/or documents in connection with a legal proceeding, such as a deposition, court hearing or a trial. A subpoena is not a lawsuit against the University or the employee.
- Summons and Complaint: A summons and complaint are the documents used to initiate a lawsuit.
If you are asked to accept service of a subpoena or summons and complaint/lawsuit on behalf of the University or another employee, you should decline and inform the process server to contact the Office of the General Counsel.
Exception: The only exception to the above is if the subpoena or summons specifically names you, as opposed to the University or another employee. In that situation, you can accept service of the subpoena or summons on your own behalf. If you are unsure, contact the Office of the General Counsel before accepting any documents.
Q: What do I do if I receive such documents by email or accidently accept service of such documents?
A: Contact the Office of the General Counsel as soon as possible because these documents are time sensitive and failure to alert our office can result in adverse legal consequences.
Please also feel free to contact the Office of the General Counsel at any time if you have any questions.
Office of the General Counsel
John J. Budds Building
343 Mansfield Road
(860) 486-5796
