What is a policy?
Policies are meant to enhance the University’s mission, set behavioral expectations across the University, improve coordinated compliance with applicable laws and regulations, promote operational efficiency, and reduce institutional risk. These written directives provide the operational framework within which the institution functions.
What is procedure?
Policies are often accompanied by procedures and/or standards. Procedures contain the operational processes required to implement the policy. If policy is “what” the institution does operationally, then its procedures are “how” it intends to carry out those operating policy expressions, explaining “who does what,” “when they do it,” and “under what criteria.”
What types of policies are there? Who approves policies?
When are policies updated?
The Office of Human Resources and the Office of the General Counsel work together on establishing a schedule for the periodic review of all existing University Policies. Policy Owners can also contact the Policy Office if they believe the policies in their area need revision
What is a Contract/MOU/ Partnership Agreement? What is a contract review process?
Who typically conducts the contract review process?
Can a contract be rejected or modified during the review process?
I received a litigation hold and I need to know what it is.
A litigation hold is a notice letting you know that the University may be sued, or has been sued. It tells you what to do. Some of the steps you may have to take include securing documents until requested.
Who do I contact if I have any questions about a Litigation Hold?
If you have any questions pertaining to this matter, please contact the Office of the General Counsel or contact the Attorney who presented the information to you.
What is a subpoena?
A subpoena is a legal document that commands an individual to appear as a witness at a specified time and place to give testimony in a legal proceeding. Subpoenas are often used in the context of legal cases, such as court trials, hearings, or depositions.
They can also be issued for the production of documents, requiring the recipient to provide specific documents or evidence relevant to a legal matter.
What do I do if I receive a subpoena, or have any questions about one?
Immediately contact the Office of the General Counsel. Subpoenas often require compliance within a short amount of time. Contacting the Office of the General Counsel will allow the office to respond to the subpoena in a timely fashion, and to address any related questions.
How should I respond to a Summons and Complaint delivered to my Campus office?
If a process server attempts service of a Summons and Complaint on any University entity (Lincoln University or any campus department, academic or otherwise), s/he should be directed to Office of the General Counsel (OGC), 1570 Baltimore Pike, Lincoln University, PA 19352.
If an individual is named and being served, the law requires that the Summons and Complaint be delivered directly to that person. Colleagues or managers may not accept personal service of process on behalf of a fellow employee.
If any doubt about personal delivery of a Summons and Complaint, contact the OGC (484-365-5247) immediately.
What is service of process?
Service of process involves delivery of a special type of court order to an individual or company (“entity”). Service of process can involve either a “Summons or Complaint” initiating a lawsuit, or a “Subpoena” requesting that business records be turned over and/or that personal testimony be given, or a personal appearance be made.
What is required for service of process?
Formal personal delivery of documents for both types of service (Summons and Complaint, Subpoenas) is required and important because these documents impose legal obligations on the person or entity they are delivered to. Failure to comply with these court orders can result in penalties.
Where does subpoena need to be delivered on Lincoln’s campus?
Any subpoenas that have been served need to be delivered to the Office of the General Counsel. Located in the International Cultural Center Room 212.
Are there different types of Subpoenas?
Yes – there are three kinds of subpoenas.
i. A Witness Subpoena is a court order requiring a person to appear in court on a certain date and testify as a witness, usually in a trial.
ii. A Subpoena Duces Tecum (meaning ‘subpoena for production of evidence’) is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
iii. A Deposition Subpoena is a court order requiring a person who is not a party to a lawsuit to provide copies of business records and/or appear at a deposition to answer questions asked by one party in a lawsuit. These document may not be used in an actual court hearing.
Do I always need to consult with OGC when preparing a response?
No, but it depends on the intricacy and sensitivity of the documents, the testimony which one is asked to provide (if any), and the nature of the proceedings.
However, the Office of the General Counsel must be consulted if:
You are encouraged to contact the OGC if you have any questions or concerns about responding to a subpoena, whether in regards to manner of service, or records being requested.
If the Subpoena is directed to me, personally, can someone else accept service on my behalf?
A subpoena to a particular named person rather than the University can only be accepted by that person.
What are the deadlines for responding to a Subpoena?
An individual served with a subpoena duces tecum or deposition subpoena is normally given a reasonable time to respond.
A valid subpoena will provide, in accordance with the statute, a response date and location. Any question about validity, contact the OGC (484-365-5247).
What are the penalties if you ignore a subpoena, or don’t comply?
According to 231 Pa. Code § 234.5231 Pa. Code § 234.5 , “If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is wilful may adjudge the witness to be in contempt” (“231 Pa. Code § 234.5”)
