1-26: Litigation

Policy Overview


This policy sets the parameters for responding to any legal claim brought against the College.

Scope and Applicability


The Board, the President and all administrators are bound by this policy.

Policy Statement


Santa Fe Community College Board of Trustees sets a structured process through which the College responds to any legal action or possible legal action involving the College.

Policy Process


  1. The Board authorizes the President of the College to coordinate lawsuits naming the College as a defendant unless the President or members of the Board are individually names as parties.
  2. The Board will coordinate the defense of a matter directly with the College Counsel if the matter involves the President or any board member.
  3. Lawsuits brought against the College must be served upon the Chair of the Governing Board and the State Attorney General. (Section 38-1-17 NMSA 1978)
  4. College Counsel may be authorized by the Board to accept service on behalf of the Chair of the Governing Board.

Statement of Accountability and Responsibility


The Board of Trustees, the President and all staff are responsible for the implementation and adherence to the Policy. The President must be notified of any circumstance where litigation might be anticipated. The President keeps the Board apprised of circumstances and progress of any anticipated or active lawsuit.

Authority

STATUTE: Section 38-1-17 NMSA 1978 Tort Claims Act, ss.41-4-1 NMSA 1978, et. seq Page 2 of 2 Policy 1-26
POLICY APPROVAL: Original approval date: 4/19/07 Revised and SFCC Governing Board approved: 9/16/14