Resources

Content:

BOARD OF TRUSTEES
UNIVERSITY POLICIES
LITIGATION HOLDS
SUBPOENAS
REQUESTS FOR EDUCATIONAL RECORDS
LAWSUITS
AFFILIATION AGREEMENTS

BOARD OF TRUSTEES

UNIVERSITY POLICIES

The Pennsylvania State University’s policies can be found here https://policies.psu.edu/

University Policy AD49 outlines the functions and duties of the Office of General Counsel.

LITIGATION HOLDS

Pursuant to Section 6 (Legal Hold) of University Policy AD35, the destruction of records, documents, drafts, and copies will be suspended immediately upon notice that an investigation or litigation is pending, imminent, or reasonably foreseeable. The suspension will be tailored to cover only those records, documents, drafts, and copies relevant to the investigation or litigation.

Retention procedures will be suspended when, in the judgment of the University’s Office of General Counsel, a record or group of records should be placed on a legal hold. A legal hold requires preservation of appropriate records under special circumstances, such as litigation or government investigations. The Office of General Counsel determines and identifies what records and documents are required to be placed under a legal hold.

Members of the University community will be notified if a legal hold is placed on records for which they are responsible. Members of the University community are then required to locate, index, segregate, and protect the necessary hard copy records and records in electronic form, in conjunction with the Office of Information Security and local Information Technology staff, where appropriate. Any record that is relevant to a legal hold must be retained and preserved. If a member of the University community is unsure whether a record is relevant to a legal hold, that member of the University community should protect that record until consultation with the Office of General Counsel.

A legal hold remains effective until it is released in writing by the Office of General Counsel. After the University community receives written notice of the lifting of a legal hold, all records relevant to the legal hold shall return to their normal handling procedures and retention schedules.

SUBPOENAS

Third-Party Seeking to Issue a Subpoena for Records to The Pennsylvania State University

If you are a third-party seeking to properly serve a validly issued subpoena to The Pennsylvania State University for documents, please direct the subpoena to the following:

The Pennsylvania State University
Attn: Records Custodian
c/o Office of General Counsel
227 West Beaver Avenue, Suite 507
State College, PA 16801

Penn State Employees Who Receive Subpoena Issued to the University

If you are an employee of The Pennsylvania State University who receives a subpoena issued to the University, please complete the Subpoena Intake FORM and immediately forward the subpoena via email to subpoenas@psu.edu.

Please also send the original copy of the subpoena to the University’s Office of General Counsel, 227 West Beaver Avenue, Suite 507, State College, PA 16801.

REQUESTS FOR EDUCATIONAL RECORDS

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records by prohibiting their disclosure without the student’s written consent, except under limited circumstances. Students may choose to allow the release of their education records to specified third parties by completing the Student Consent for Release of Information to Third Parties. Please note that all fields listed in the form must be completed and that the student must sign and date the form. Please further note that while the form may authorize the University to release the student’s records, it does not obligate the University to do so. The Student Consent for Release of Information is a one-time authorization specific to the request at issue only. The University reserves the right to review and respond to requests for the release of education records on a case-by-case basis.

LAWSUITS

If you are a Penn State employee who is served with a Writ or Complaint naming the University, please immediately contact the Office of General Counsel at (814) 867-4088.

AFFILIATION AGREEMENTS

For Penn State units or departments seeking assistance with affiliation agreements should follow the instructions on how to proceed. Students seeking affiliation agreements to secure internships should contact their department.

THIS WEBSITE IS FOR INFORMATIONAL PURPOSES FOR THE PENNSYLVANIA STATE UNIVERSITY ONLY. THIS SITE AND ITS RELATED LINKS DO NOT CONSTITUTE LEGAL ADVICE FROM THE OFFICE OF GENERAL COUNSEL. PLEASE CONTACT THE OFFICE OF GENERAL COUNSEL DIRECTLY FOR LEGAL ISSUES RELATING TO THE UNIVERSITY.