Summonses, Complaints, Subpoenas and other Legal Inquiries
On occasion, the College may receive legal documentation such as a summons, complaint, subpoena or other legal inquiry. Such documents (some of which is referred to as “process”) may require the College to produce information or records, or may place the College on notice that a lawsuit has been initiated. These documents may be received by hand delivery (process server), mail, facsimile or even email. The Office of the General Counsel must be notified immediately of any summonses, complaints, court papers of any kind, government agency notices and inquiries, and/or communications from law firms. Delays can result in penalties and fines. With regard to subpoenas or record requests, however, you do NOT need to notify the Office of the General Counsel in most cases - please see the Subpoena and Record Requests section below for instructions.
Process Servers Attempting to Serve Process
The following individuals are authorized to receive service of process:
- Campus Operating Officers
- An attorney within the Office of the General Counsel
- BES Executive Office staff (Woodland Park)
- Office of the Registrar (Student Record Requests/Subpoenas only)
If you are approached by a process server, but are not an authorized recipient, explain that you are not authorized to accept service and direct him or her to one of the individuals above.
Subpoenas and Record Requests
If you receive a subpoena or records request pertaining to STUDENT RECORDS, please send the document immediately to the College Registrar for processing. If you receive a subpoena or records request for ASSOCIATE RECORDS, please send the document immediately to Human Resources for processing. If you do not recognize the name of the person whose records are being sought, please reach out immediately to either or both (as needed) the Registrar and Human Resources to determine whether the request is seeking student records or associate records and then forward the subpoena accordingly.
If, on the rare occasion, you receive a subpoena or records request that does not appear to be seeking STUDENT or ASSOCIATE records, but rather, COLLEGE records or something else, please send it immediately to the Office of General Counsel.
For any subpoenas you receive, by any means, please forward them immediately to the appropriate office, as noted above. Delays can result in penalties or fines. Please ensure that you provide the date of receipt, time, and method of service (e.g. by certified mail). If the subpoena is mailed, be sure to keep the envelope and attach a note stating who received it and on what date. If the subpoena is faxed, be sure to keep the cover letter and attach a note stating who received it and on what date.
Communications from Law Firms
If you receive a demand letter, request for information or records, or any other communication from a law firm, immediately contact the Office of the General Counsel, UNLESS the letter from the law firm is merely a cover letter for a subpoena or records request. If the latter, please follow the instructions in the Subpoenas and Record Requests section above. If you are unsure as to the nature of a communication from a law firm, please CALL the Office of the General Counsel while the letter is still in your possession – do not just forward the letter to the Office of General Counsel.
Government Agency Notices and Inquiries
If you receive a notice, inquiry, or request for information by email, letter, or phone from a federal, state or local government agency, immediately contact the Office of the General Counsel and forward any documentation.
The material on this site is for informational purposes only and should not be relied upon as legal advice.
