Lawsuits and Litigation

The University’s Policy on Service of Legal Process (Policy 50.3.2), proceed if there is an attempt to serve you with legal process in a University-related matter. Prompt action is required. Additionally, you can consult with the OGC if you have any questions. Likewise, if you are contacted by an outside attorney in connection with University business, please consult with the OGC prior to talking to such outside attorney.

The University Indemnification Policy (Policy 50.3.3), governs whether the University will provide legal counsel and cover costs associated with a lawsuit against a University officer or employee based on matters that arose out of and occurred in the course of the performance of the officer’s/employee’s duties at the University. Officers and employees are not automatically defended by the University in such lawsuits.

Determinations on whether the University will provide a defense to an officer or employee named as a defendant in a lawsuit are made by the Senior Vice President and General Counsel on a case-by-case basis pursuant to the Indemnification Policy and the law. This requires a written summary of the matter and request to OGC for indemnity. If the University provides coverage to an officer or employee, the University has the right to conduct the defense. Employees and officers may hire and pay for their own private lawyer even when the University provides coverage defense; however, these costs will not be reimbursed by the University under the Indemnification Policy.

Law enforcement agents serving search warrants on the University and its agents should first contact the appropriate campus public safety or security office listed below to assist in the execution of the search warrant. The University expects that its own law enforcement officials will supervise searches and seizures of Rutgers’ property and questioning of Rutgers personnel. Agents should be prepared to provide a business card(s) of the agent(s) executing the search warrant, a copy of the search warrant including attachments, and an inventory list of all property seized before leaving.

University Public Safety Offices

Camden Division
409 North 4th Street
Camden, NJ
Phone: 856-225-6111

New Brunswick Division
55 Commercial Avenue
New Brunswick, NJ
Phone: 732-932-7211

Newark Division
200 University Avenue
Newark, NJ
Phone: 973-353-5111

Biomedical & Health Sciences Division at Newark
5 Bruce Street
Newark, NJ
Phone: 973-972-4491

University faculty and staff who are served with a search warrant or informal search request by a law enforcement or investigative agent seeking Rutgers documents or property should respond as follows:

1. At all times, be polite, courteous, and cooperative with the agent.
2. Request identification and/or a business card from the agent(s) or write down the agent’s name, title, agency, and work address, phone number and email address.
3. Request to make a copy of the search warrant including all attachments, if there is one. Make a copy of the search warrant including all attachments.
4. Advise the agent that you will be pleased to assist them after contacting campus police and the OGC as required by Rutgers protocol. Ask the agent to wait while you contact the appropriate campus police or security office and the OGC.
5. Be prepared to send a fax or pdf of the search warrant via email to the OGC. It is the role of the OGC to assess the validity and scope of the search warrant and assist in determining the most appropriate method of response that is least disruptive to business operations. It is the role of campus police and security to assist in ensuring that the search warrant is properly executed (e.g., ensuring that the search does not exceed the scope of the warrant.)
6. If the search warrant authorizes the agent to seize computers or data storage equipment, advise the agent that you need to contact your local IT support team to obtain a backup copy of any data before the computers are removed. Do not attempt to delete or alter any data.
7. Request a written inventory listing everything that was seized during the search. The inventory should be signed by the agent with the time, date, and the agent’s full contact information.
8. Meet with an attorney in the OGC to continue to discuss the search and seizure process and appropriate next steps.​