| Policy Title | Law and Suits |
|---|---|
| Responsible Office | Campus Attorney |
| Policy Type | Legal and Compliance |
| Policy Number | 903 |
| Last Revision Date | 8/12/2024 |
Litigation brought against the State, the University, their employees and officials is handled by the University's legal counsel and the State Attorney General's office. The SUNY Procedures Manual #240, Small Claims Procedures, will be used for appropriate small claims ($0–5,000). All cases involving litigation will be handled in conformance with this procedure or based on proper legal advice.
- No statements concerning pending litigation should be provided by University employees or officials. Requests for information concerning pending litigation should be referred to the State Attorney General's office.
- Any non-approved contact from an attorney, including the seeking information about a pending or anticipated legal matter must be forwarded to the University’s Chief Campus Counsel. Discussions with the outside attorney may proceed upon approval of the University’s Chief Campus Counsel.
- Cooperation with the University’s Chief Campus Counsel’s office, is required for all matters where the University is a defendant in a litigated case. Upon receiving approval of the University’s Chief Campus Counsel, Employees must also cooperate with investigators, attorney and legal staff from the New York State Attorney General’s office
- Employees must obtain approval from the Chief Campus Counsel, together with verified acceptable identification from any person requesting information or consultation prior to providing such. If a person with pending litigation against the University requests access to their own files (Admissions, Financial Aid, EOP, Registrar, Student Accounts, Human Resources, or any other office with individual personnel files), the request must be in writing and you must contact the University’s Chief Campus Counsel prior to providing any access. Questions concerning what information can be viewed should be made to the University’s Chief Campus Counsel’s office.
- Claims against the University can be served personally or by mail only on certain University officers. For all such claims, the following persons are each authorized to accept service on behalf of the University: the Vice President for Operations, the Vice President for Student Affairs, the Vice President for External Affairs, the Vice President for Research, or the Provost. Any employee presented with documentation to be served against the institution should contact the University’s Chief Campus Counsel immediately.
- All claims received against the University or SUNY must be immediately forwarded to the University’s Chief Campus Counsel. It is extremely important that the University’s Chief Campus Counsel know the method of the service, i.e., personal delivery, mail (provide envelope), left on desk, served on another person in the office, etc. The date of service is important as that date and time set the time for proper responses to the materials served. It is important to keep track of all details concerning the service of papers.
- If a service is being made for a claim against an individual employee of the institution personally for an activity, which is part of his/her job responsibility, they must be served individually. It is extremely important that the University’s Chief Campus Counsel know the method of the service, i.e., personal delivery, mail (provide envelope), left on desk, served on another person in the office, etc. The date of the service is important as that date and time set the time for proper responses to the material served. It is important to keep track of all details concerning the service of papers.
- If an employee is personally served, they will be required to issue a written request for defense and indemnification. Details will be provided to said employee upon reporting knowledge of a lawsuit naming the employee as a party.
- Section 17 of the New York State Public Officers Law requires that University officials being sued individually notify the State Attorney General's office within five (5) days of service requesting defense by the Attorney General's office. The letter will be sent by the University Chief Campus counsel on behalf of the employee being sued.. If this document is not sent, the State Attorney General may not defend and/or indemnify an individual named on a lawsuit. Therefore, it is imperative to inform the University’s Chief Campus counsel upon learning of a lawsuit against you.
- The same issues concerning service of claims also apply to the service of subpoenas. The University’s Chief Campus Counsel and the Attorney General's office need to know the method of service, time, place, etc. In all instances where subpoenas are received.
Questions concerning legal issues may be directed to your appropriate vice president. Unless following the instructions above, do not contact the University’s Chief Campus Counsel without first obtaining approval from the appropriate vice president.
