Procedure: 4310P

Section: 4000 - Community Relations

Title: Contacts with School Personnel - Handling Employee Summons

Status: Active

Adopted: January 27, 1997

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Procedure - Contacts with School Personnel - Handling Employee Summons

Administrators/designees shall accept delivery of summons and complaint on behalf of employees assigned to the building/department. When a lawsuit is delivered, the administrator/designee should document receipt using Attachment A, “LOG OF LAWSUITS DELIVERED.” This log should record what documents were received, when they were received, and the manner by which the documents were forwarded on to the employee, including the date and time. This log shall remain in a confidential area determined by the administrator/designee.

Papers should be delivered to the district employee named in the lawsuit within two school days. Hand-delivering the papers to the employee is required by the district. Recognizing the privacy of the individual is of utmost importance when delivering the papers.

If an employee named in the summons and complaint is on a leave of absence, the administrator/designee will so notify the process server and decline to receive the papers.

Former employees of the district are not covered by this procedure. Therefore, the district will not accept any papers delivered to the district as a place of employment. If papers are incorrectly left with the district, the adminstrator/designee will return the papers to the party who is suing the former employee, by certified mail, receipt requested, along with a cover letter advising the suing party that the employee no longer works for the district. A copy of this letter shall remain in the file containing the log of lawsuits delivered.

Adopted: 01.27.1997