Office of Legal Counsel
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What Do I Do If

Subpoena: I have been subpoenaed to be a witness. What should I do?

Subpoena For Documents: I have received a subpoena to turn over documents (subpoena duces tecum) relating to University business.  What should I do?

Service of a Lawsuit: Someone is asking me to accept service of a lawsuit?  What should I do?

Subpoena regarding a Criminal Action:  What do I do with a subpoena regarding a criminal action?

Legal Issues Regarding The University Of Memphis: If a lawyer calls me about a case or issue involving the University, what should I do?

Discrimination: What should I do if I think I’ve been discriminated against?

Sexual Harassment: What should I do if I supervise an employee who claims she/he is being harassed, but I don’t know if it is sexual harassment?

Automobile Accident:  I was involved in a car accident on campus.  What should I do?

Filing a Claim for Injury and/or Property Damage:  I suffered an injury and/or property damage on the campus.  How do I file a claim against the University?

Safety Concerns:   I’m concerned for my personal safety on campus.  What do I do?

Reporting Crime:  I witnessed a crime on campus and I want to report the crime but remain anonymous.   What should I do?

Theft: Something has been stolen from me while I was on campus. What should I do?


Subpoena: I have been subpoenaed to be a witness. What should I do?

If you have been subpoenaed in connection with activities at the University, please contact the Office of Legal Counsel.  If you have been subpoenaed in connection with personal activities, consult your personal attorney.

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Subpoena For Documents: I have received a subpoena to turn over documents (subpoena duces tecum) relating to University business.  What should I do?

Except as to subpoenas handled regularly by Human Resource, Payroll and the Registrar’s Office (which should be referred directly to those offices or entities), you should not turn over documents relating to the University without first consulting with the Office of Legal Counsel.  You should, however, insure that any documents described in the subpoena are maintained for possible production.

 If  you or your office has University documents responsive to the subpoena, you should immediately contact the Office of Legal Counsel and forward them a copy of the subpoena and documents.

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Service of a Lawsuit: Someone is asking me to accept service of a lawsuit?  What should I do?

Only the State Attorney General’s Office is authorized to accept service of a lawsuit on behalf of the University.  The State Attorney General is located at:

State of Tennessee
Office of Attorney General
425 Fifth Avenue, 2nd Floor
Nashville, Tennessee 37243
(615) 741-3491

No one else should accept service of a lawsuit on behalf of the University.

If you are being named individually (not in your official capacity) in a lawsuit as a defendant or respondent, you can accept service on your own behalf.  If the lawsuit involves the University in any way (even if it was not named as a defendant or respondent or if you were not served on its behalf), please transmit a copy of the complaint and summons to the Office of Legal Counsel immediately.

If the lawsuit does not have anything to do with the University, you may want to consult a personal attorney.

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Subpoena regarding a Criminal Action:  What do I do with a subpoena regarding a criminal action?

Such subpoenas often require the attendance of an individual to testify in court, before a Grand Jury, or other legally empowered body.

 If a subpoena is received and you are the named individual, you must accept.  Notify the Office of Legal Counsel if the subject matter of the testimony will be related to your position with the University of if TBR or the University is involved. Advise your supervisor.  If you have any questions, refer the questions to the Office of Legal Counsel.

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Legal Issues Regarding The University Of Memphis: If a lawyer calls me about a case or issue involving the University, what should I do?

Refer them to the Office of Legal Counsel and notify the Office of Legal Counsel of the contact.

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Discrimination: What should I do if I think I’ve been discriminated against?

 If you are an employee, consider talking with your supervisor.  If you are dissatisfied or are uncomfortable, students and employees may contact the Affirmative Action Office (AAO) at (901) 678-2713 or visit the office at 156 Administration Building.  The AAO staff can discuss your concerns, help you clarify your allegations and work through various alternatives to resolve the matter.  If you want to file a formal complaint with the University, the AAO staff will investigate and make a recommendation as to whether discrimination occurred, along with potential corrective action.

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Sexual Harassment: What should I do if I supervise an employee who claims she/he is being harassed, but I don’t know if it is sexual harassment?

Staff from the Office of Legal Counsel, the Affirmative Action Office or Human Resource Department can work with supervisors and administrators to review actions in light of claims of harassment and to respond to those complaints.  It is important to take such allegations seriously and insure that they are addressed.

Harassment is reprehensible and will not be tolerated by the University.  The University of Memphis strives to provide a place of work and study free of sexual harassment, intimidation, or exploitation.  It is expected that students, faculty and staff will treat each other with respect.

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Automobile Accident:  I was involved in a car accident on campus.  What should I do?

 You should report the accident to Police Services at 678-4357. 

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Filing a Claim for Injury and/or Property Damage:  I suffered an injury and/or property damage on the campus.  How do I file a claim against the University?

Anyone wishing to file a claim for injury or property damages against The University of Memphis where the University was negligent must do so through the Tennessee Claims Commission, which was established for the purpose of processing personal injury and property damage against agencies of the state of Tennessee including The University of Memphis.  Any and all claims for negligence will be handled by claims examiners working through the Division of Claims Administration in Nashville.

Claim packets, which contain a claim form as well as copies of the applicable state law describing the Claims Commission and the procedure for filing claims, are available at notice of claim or in the Office of Legal Counsel, 201 Administration Building.

 For most claims based in negligence, there is a statute of limitations for submitting a claim to the Tennessee Claims Commission of one (1) year from the date of the accident. 

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Safety Concerns:   I’m concerned for my personal safety on campus.  What do I do?

If there is an immediate threat to your safety or the safety of others, you should immediately call Police Services at 678-4357 or 911.  For non-emergencies, please call Police Services at 678-3848.

 If you need a personal escort on campus in the evening, contact the Tiger Patrol at 678-4663.

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Reporting Crime:  I witnessed a crime on campus and I want to report the crime but remain anonymous.   What should I do?

 You are encouraged to report any crime to Police Services at 678-4357.  If you want to maintain anonymity, you may report the crime by going to http://www.memphis.edu/police/, click on forms, and then click on silent witness report.

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Theft: Something has been stolen from me while I was on campus. What should I do?

 Please report the loss to Police Services at 678-3848.

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Office of Legal Counsel
201 Administration Building
The University of Memphis
Memphis, TN 38152-3370
Tel: (901) 678-2155
Fax: (901) 678-3489
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Last Updated: 1/10/13