UC Santa Barbara                                      Policy 7035
   Policies                                              
   Issuing Unit:  Administrative Services                Date: May 1, 1981
   
   
   
   
      ACCEPTANCE OF SUBPOENA DUCES TECUM FOR PERSONAL RECORDS
   
   I.   REFERENCES:
   
        A.   Code of Civil Procedure (1985, et seq. and 2019).
        
        B.   UCSB Policies Manual, Policy 4005, Use and Release of Student
             Data.
                                 
        C.   UCSB Policies Manual, Policy 7000, Privacy and Access to
             Information.
        
        D.   University of California Staff Personnel Manual, Section 605,
             Employee Records.
        
   II.  POLICY:
   
        No employee of the University shall produce as evidence records or
        documents of the University in any non-University sponsored
        judicial, legislative, or administrative proceedings unless he/she
        has been properly subpoenaed or unless authorized by an appropriate
        University official to produce such information.
   
        A.   Acceptance:
        
             Officers authorized to accept subpoenas for UCSB student or
             employee records and responsible for the release of these
             records in accordance with such subpoenas:
        
             1.   Vice Chancellor, Student and Community Affairs - student
                  record. (Exempted are subpoenas received directly by the
                  Custodian of Medical Records, Student Health Service. For
                  these records, the Custodian will forward an information
                  copy of the subpoena to the Vice Chancellor, Student and
                  Community Affairs, and proceed to comply with the subpoena
                  in accordance with Policy 7040.)
             
             2.   The Vice Chancellor or Associate Vice Chancellor, Academic
                  Affairs - academic Personnel records.
             
             3.   Assistant Vice Chancellor, Staff Personnel - staff
                  personnel records.
             
             4.   The Vice Chancellor or the Assistant Chancellor,
                  University Relations, may accept subpoenas in the absence
                  of the above listed officials.
        
        B.   Offices of Record:
        
             The official offices of record, for the purposes of releasing
             records are:
        
             1.   Undergraduate student records
             
                  Registrar - for academic records (including Summer
                  Sessions)
                  
                  Student Health Service - for medical records
                  
                  Counseling Center - for counseling and other psychological
                  records
                  
                  Placement Center - for records regarding qualifications
                  for employment on and off campus
                  
                  Student Financial Services - for financial aid award
                  records
                  
                  Student Services - for all other records, including
                  disciplinary action
             
             2.   Graduate student records - Registrar and/or Graduate
                  Division
             
             3.   University Extension students - Director, University 
                  Extension
             
             4.   Academic personnel - Office of The Vice Chancellor, 
                  Academic Affairs
             
             5.   Staff personnel - Staff Personnel Office.
             
        C.   Compliance:
        
             Such subpoena must comply with the provisions of Code of 
          Civil Procedures 1985, requiring that subpoena duces 
          tecum be served with a copy of an affidavit showing good 
          cause for the production of matters and things described 
          in the subpoena, specifying the exact documents to be 
          produced, setting forth in full detail the materiality of 
          such documents to the issues involved in the case, and 
          stating that the witness has the desired documents in
          his/her possession or under his/her control.
        



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Last Modified By: EBH, 7/09/98