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University Policy on Handling of Law Enforcement, Warrants, Subpoenas, and Service of Process

Policy Number: 05.0001

Introduction

This University Policy on Handling of Law Enforcement, Warrants, Subpoenas, and Service of Process aims to facilitate review of any documents presented by law enforcement and to ensure that access of law enforcement to university facilities and records are handled in compliance with the law and in a manner that protects the university’s interests. It outlines the responsibilities of university personnel when (i) law enforcement enters the campus or (ii) when legal documents such as warrants, subpoenas, or (iii) service of process are received.

Purpose

The purpose of this policy is to establish a clear and consistent framework for handling law enforcement officers entering campus, receipt of warrants, subpoenas, and service of process. This policy ensures The New School’s compliance with applicable laws while protecting the privacy and rights of students, faculty, staff, and other stakeholders, while maintaining the institution’s integrity, and safeguarding its operations.

Scope

This policy applies to all employees, departments, and units within The New School, including faculty, staff, students, and any other individual associated with the university.

Definitions

Campus: All university-owned, leased, or controlled real property, including academic buildings and student residences.

Law Enforcement: Any local, state, or federal officers, including the New York City Police Department (NYPD), the Federal Bureau of Investigation (FBI) agents, Immigration and Customs Enforcement (ICE) agents, or other government agents with law enforcement authority.

Service of Process: The formal procedure of delivering legal documents such as lawsuits, subpoenas, and summons to the university.

Subpoena: A legal document requiring the university to produce documents, records, or testify in court or other legal proceedings.

Warrant: A legal order issued by a court or authorized governmental authority that grants law enforcement officials the power to perform actions such as searching property, seizing records, or arresting individuals.

Immigration and Customs Enforcement (ICE): A federal agency responsible for enforcing immigration laws and investigating violations, including apprehending or detaining individuals suspected of violating immigration laws.

Responsibilities

Campus Safety (a division within Safety & Facilities): Act as the first point of contact for law enforcement and facilitate communication with relevant university officials and coordinating with the Office of the General Counsel.

Faculty and Staff: Follow procedures outlined in this policy if approached by law enforcement officers presenting a warrant or other individuals presenting a subpoena, summons, complaint or other service of process directed to the university. Responsible for promptly notifying the Office of the General Counsel if they are served with subpoenas, warrants, or other legal documents related to university business.

Students: Understand and comply with the procedures outlined in this policy.

Office of the General Counsel (OGC): Review and interpret legal documents and advise the university on how to respond to law enforcement or legal requests.

Policy

1. Law Enforcement Access

  • Other than exigent situations, The New School does not permit law enforcement officers and agents to enter campus except when compelled to do so by law or other regulatory requirement. Any warrant, court order, or subpoena presented by law enforcement seeking access to The New School facilities or records must be reviewed by the OGC before taking any action in response to law-enforcement officials.
  • Law enforcement must be escorted by Campus Safety or designated university personnel.
  • Law enforcement agencies seeking to conduct an investigation on campus must coordinate with university officials in advance. Requests for access to individuals for questioning or investigation should be routed through the university’s OGC.
  • The New School will comply with law enforcement requests for investigation while ensuring that the rights of students, faculty, and staff are upheld in accordance with applicable laws, including student privacy rights under the Family Educational Rights and Privacy Act (FERPA). No information may be provided about an individual student, family member, or university employee under any circumstances while the OGC is contacted.

2. Handling Law Enforcement Requests for Access to Campus with Warrants

  • Search and Arrest Warrants:
    • If law enforcement presents a warrant, Campus Safety must immediately notify OGC. OGC will review the warrant to confirm its authenticity, validity, legal standing, and scope.
    • Despite having a warrant, law enforcement officers or agents should not begin carrying out the warrant until Campus Safety and OGC have reviewed it.
    • If a search involves student residences or academic spaces, the respective student or faculty member must be notified immediately, if feasible and appropriate.
    • If an arrest warrant is presented, the individual to be arrested must be notified, if feasible and appropriate.

3. Subpoenas

  • Subpoenas requiring the university to produce documents or records must be reviewed by OGC.
  • University personnel who receive subpoenas concerning university business must promptly forward them to OGC.
  • The university will take appropriate steps to protect privileged or confidential information (such as student records) and may challenge subpoenas if they are overbroad, unreasonable, or violate privacy laws.

4. Service of Process Against the University

  • Faculty and staff who are served with lawsuits against the university, summons, or other legal documents addressed to the university must immediately notify the OGC. This policy does not apply to receipt of legal papers served on individuals named in their individual capacity on personal matters not concerning university business.
  • The OGC will coordinate the appropriate legal response, including providing documents or responding to lawsuits as necessary.

5. Handling Law Enforcement Requests Involving ICE

  • ICE Detainers: ICE agents seeking to detain or arrest an individual on campus must present a warrant for the individual’s arrest or a court order. Campus Safety should notify OGC immediately. OGC will review the warrant to confirm its authenticity, validity, legal standing, and scope.
  • Campus Community Member Protections: The university is committed to protecting the rights of all campus community members to the extent feasible. The university will not voluntarily share confidential student information (including immigration status) with ICE unless legally required. It is important to note that federal officials from the U.S. Department of Homeland Security (DHS) may be on campus for reasons unrelated to enforcement actions. Due to our international programs, The New School is required to report certain information about F-1 or J-1 visa status to the U.S. Citizenship and Immigration Services (USCIS), a component of DHS. This reporting is routine, and the university is required to comply with on-site visits to review these records when requested.

6. Confidentiality and Privacy

  • The university will make reasonable efforts to protect the privacy of individuals during interactions with law enforcement, ensuring that personal or confidential information is shared only when required by law.

Procedure

These Standard Operating Procedures (SOPs) are designed to support the University Policy on Handling of Law Enforcement, Warrants, Subpoenas, and Service of Process by detailing the specific actions to be taken when law enforcement officers seek access to The New School campus or when legal documents are presented. These SOPs ensure that law enforcement interactions on campus are handled appropriately, with respect for legal rights, institutional policies, and the safety of all individuals involved.

1. General Procedures for Law Enforcement Access

  1. Initial Contact:
    1. If law enforcement arrives on campus, Campus Safety must be notified immediately. Security will then meet the officers at the point of entry (e.g., campus entrance, building lobby).
    2. Campus Safety’s Role: Greet the officers and ask for identification and the purpose of the visit. Document the officer's name, date, time, agency, and reason for visit.
  2. Verification of Authority: Campus Safety must request verification of the officer’s authority to be on campus. This includes:
    1. Asking for a warrant if law enforcement intends to search or arrest an individual on campus.
    2. Requesting any identification and official documentation that supports the officer’s presence on campus.
  3. Notification of University Officials: Campus Safety should advise the law-enforcement officer(s) that prior to responding to their request, OGC must be notified, and the officer must wait at the security desk or outside the school building during that process. Campus Safety officer on duty should notify the law enforcement officer that they are not authorized to grant consent to enter the premises. Campus Safety will not take action until instructions have been obtained from OGC, or if after hours, from the Campus Safety supervisor.
  4. OGC Review: Consistent with the rule of law, The New School must honor valid judicial warrants, court orders, and subpoenas. It is vitally important any warrant, court order, and subpoena presented by law enforcement seeking access to facilities or records be reviewed by OGC before taking any action in response to law enforcement officials or agents. Response to law enforcement will be consistent with The New School’s obligations under the law.

2. Procedures for Handling Search Warrants

  1. Receiving the Search Warrant: If law enforcement presents a search warrant, Campus Safety must:
    1. Review the warrant to ensure it is signed by a judge or magistrate and includes specific details about what is being searched or seized.
    2. Immediately contact OGC to verify the authenticity and scope of the warrant.
  2. Notification:
    1. Notify the individual(s) affected by the search, including students, faculty, or staff, if feasible and appropriate.
    2. If the search involves student housing or faculty offices, the respective individual(s) should be contacted, if feasible and appropriate.
  3. Search Execution:
    1. Campus Safety will accompany law enforcement throughout the search.

3. Procedures for Handling Arrest Warrants

  1. Receiving an Arrest Warrant: If law enforcement presents an arrest warrant, Campus Safety will:
    1. Review the warrant to ensure it is signed by a judge or magistrate and includes specific details about the individual, date, and location. Immediately verify the validity of the warrant with OGC.
    2. Confirm the identity of the individual to be arrested, if feasible.
  2. Notification of the Individual:
    1. Notify the individual being arrested about the warrant (if feasible and appropriate).
  3. Execution of the Arrest:
    1. Campus Safety will accompany law enforcement officers during the arrest.
    2. Ensure that any arrest-related actions do not disrupt university activities unnecessarily.

4. Procedures for Handling ICE (Immigration and Customs Enforcement) Actions

  1. Initial Contact with ICE Agents: When ICE agents approach campus, Campus Safety should be notified. ICE officers must have proper identification and documentation.
  2. Verification of Legal Authority: Campus Safety must verify the legitimacy of the ICE request:
    1. If ICE agents seek to detain or arrest someone, they must provide a valid federal warrant or court order. OGC will review the warrant to confirm its authenticity, validity, legal standing and scope.
    2. If ICE requests access to student records or personal information, the Campus Safety must notify OGC and the Registrar to ensure that the request is lawful and authorized under federal privacy laws (e.g., FERPA) before complying.
  3. Notification to University Leadership:
    1. Notify the Senior Vice President and General Counsel, the Executive Vice President for Business and Operations, and any other relevant department heads about ICE actions.
    2. Work with OGC to ensure compliance with federal, state, and institutional policies.

5. General Documentation and Reporting Procedures

  1. Recordkeeping: For all law enforcement actions (search warrants, arrest warrants, or ICE detainers), detailed written records must be maintained by Campus Safety. The records should include:
    1. Date and time of law enforcement contact and warrant presentation.
    2. Names and badges/IDs of officers present.
    3. Description of the request or action taken.
    4. Any documentation presented (warrants, court orders, etc.).
    5. The names of any university individuals involved or affected by the action.
    6. A description of the action taken by the university (e.g., notice to affected individuals, cooperation with law enforcement).
    7. A list of items seized, if applicable.
  2. Internal Reporting:
    1. Campus Safety must submit a written report to the OGC and Senior Administrators after each law enforcement interaction.
    2. The report should be submitted within 48 hours of the event, or as soon as practical.

Policy Administration

Responsible University Official: Senior Vice President and General Counsel

Responsible Office: Campus Safety

Contact Information: 212.229.5101 or campussafety@newschool.edu

Policy History

Effective Date: March 31, 2025

Last Reviewed Date: March 31, 2025

Next Review Date: March 31, 2030

Revision History: N/A

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