Frequently Asked Questions - Subpoenas and Litigation | North Carolina A&T State University

What is a subpoena?

A subpoena is a written legal order that requires an individual to take some action such as producing information or appearing before a court within a specified period of time.

How do I serve a subpoena or court orders on NC A&T State University?

Subpoenas and court orders should be served on the Vice Chancellor for Legal Affairs, Risk, and Compliance & General Counsel. As the authorized registered agent for service of process, the Vice Chancellor for Legal Affairs, Risk, and Compliance & General Counsel is the only person authorized to accept service of subpoenas or court orders for matters involving the university.

What should I do if I receive a subpoena, court order, or search warrant relating to a student, employee, or other University business?

You should immediately contact the Office of Legal Affairs and provide a copy of the subpoena, court order, or search warrant. These official documents often require compliance or response within a short period. The Office of Legal Affairs can assist you by responding to the subpoena, court order, or search warrant and addressing related questions. Do not attempt to respond to, contact or discuss the matter with the issuing/serving party without informing and seeking guidance from the Office of Legal Affairs.

Can the Office of Legal Affairs assist with subpoenas, court orders or search warrants unrelated to my work for NC A&T?

No. The Office of Legal Affairs can only advise individuals with subpoenas, court orders, and search warrants received concerning matters within an individual’s scope of employment as an employee of NC A&T or agent acting on behalf of the University. For any subpoenas, court orders or search warrants seeking information outside the scope of employment, individuals should consult a private attorney. The North Carolina State Bar and the North Carolina Bar Association offer many resources, including a Lawyer Referral Service. Eligible individuals may also qualify for free legal services with Legal Aid of North Carolina.

Can a subpoena be blocked or canceled so that I need not respond?

Maybe. University attorneys can seek to “quash” a subpoena. This would generally happen when the requesting party asks for privileged or confidential information that they are not authorized to have, or when the subpoena does not allow enough time to respond.

Will the University defend me if I am sued for something that I allegedly did or did not do in the scope of my work?

Generally, yes. Under the Defense of State Employees, Medical Contractors, and Local Sanitarians Act, N.C. Gen. Stat. § 143-300.3 et seq., the University will provides for the defense, representation and indemnification of state employees who were acting within the course and scope of their assigned duties and are sued in their official or individual capacities, whether criminally or civilly. The North Carolina Attorney General has the sole discretion in deciding whether to represent and defend a State employee. Grounds for refusing a defense include the existence of fraud, corruption, actual malice; or the person was acting outside the course or scope of employment (e.g. sexual harassment); or if the Attorney General determines that it would not be in the best interests of the State.

Does NC A&T have liability insurance?

As a constituent institution of the University of North Carolina and a state agency, NC A&T is self-insured as required by and set forth in state law (N.C. Gen. Stat. § 143-291, et seq.). The University is not allowed to acquire additional or other insurance except by authorization of the North Carolina Department of Insurance.

Who does the university’s self-insurance cover?

Coverage under the State’s self-insurance program applies to:

all individuals currently employed by or working for the State and covered by the Defense of State Employees Act;

authorized volunteers;

agents of the State;

individuals previously employed by the State and covered under the Defense of State Employees Act and the policy during their period of employment with the university; and

individuals employed by NC A&T or the UNC System.

Independent contractors are not employees of the State or the University.

May I discard documents or other evidence when a request is made for the information, or when you think a request is about to be made?

No. While you do have the right to dispose of documents in the ordinary course of business consistent with State law and University policies, you do not have the right to dispose of documents after a request is made (even if it would otherwise be consistent with disposition policies) as it would be in violation of the North Carolina Public Records Act and University Policy 1107, Legal Holds. If you destroy evidence, you may be subject to disciplinary action and/or legal liability.

What is a legal or litigation hold notice?

A legal hold notice, sometimes called a litigation hold, is a process that the university uses to preserve potentially relevant information when the university believes that it may be sued, has been sued, or may be subject to an investigation. The legal hold notice is generally sent to employees and individuals who may be in possession of potentially relevant information. A legal hold notice informs employees of the nature of the threatened or actual action and instructs them to preserve specified documents. The notice contains specific information and gives direction on what steps an individual must take, including securing or providing records when requested.

What should I do if I receive a legal hold notice and have questions?

Legal or litigation hold notices issued by the Office of Legal Affairs include the name and contact information of the issuing attorney or other employee who can answer questions about the notice. You should direct your questions to the contacts listed in the notice.

University Policy 1107, Legal Holds, requires employees to inform the Office of Legal Affairs if they are notified of potential or actual University-related litigation, threat of litigation, claim, administrative action, other legal action, or an investigation by any administrative, civil or criminal authority. If an employee attends a meeting where a university administrator comments that the university acted in a way that could lead to a potential lawsuit, would all members at the meeting be required to notify the Office of Legal Affairs? What if the administrator said the Office of Legal Affairs was already notified?

No. The requirement to notify the Office of Legal Affairs of potential litigation, threat of litigation, claim, administrative action, other legal action, or an investigation requires a common-sense approach. If an administrator informs employees of a claim (by whatever name), and says that the Office of Legal Affairs was informed, there is no need for each individual employee who was present at the meeting to notify the Office of Legal Affairs of the claim or potential claim.

A member of the University community has a workplace issue and confides in a colleague, vocalizing different potential options. Does University Policy 1107, Legal Holds require the colleague to report this conversation to the Office of Legal Affairs?

It depends, and requires some independent judgment. The employee vocalizing the issue may determine that the employee may be “letting off steam” or voicing frustrations. However, the colleague’s position with the university may place the colleague in a position that requires the colleague to act in the university’s best interest if the colleague reasonably believes that a claim is or could be forthcoming. All individuals with potentially relevant information may become witnesses in an investigation or lawsuit.

Can I hire a private attorney to handle a university matter?

Not generally on behalf of the university. The university can only be represented by the attorneys in the Office of Legal Affairs, outside counsel approved by the UNC System Office, or the North Carolina Attorney General’s Office. You can hire a private attorney to represent you if you are sued as a university employee and choose to do so.

When would the University retain outside counsel?

The Office Legal Affairs provides legal services and counseling to all university departments and employees for matters related to NC A&T’s operation. Sometimes, either special expertise is necessary or timing dictates that outside legal counsel be engaged. In those cases, the use of outside counsel must be approved by the UNC System Office, regardless of the source of funds. The process of obtaining and working with outside counsel is managed by the Vice Chancellor for Legal Affairs, Risk and Compliance & General Counsel.