1-26: Litigation

Policy Overview

This policy sets the parameters for responding to any legal claim brought against Santa Fe Community College (SFCC or College).

Scope and Applicability

This policy covers the process for addressing any legal claim against the College. The Governing Board (Board), the President and all employees are bound by this policy.

Policy Statement

The SFCC Governing Board sets a structured process through which the College responds to any legal action or possible legal action involving the College.

Definitions

1. Adminstrator for the purpose of College policies, refers to those employees whom the President has assigned specific management duties and responsibilities.
2. Employee is any member of the college workforce: all staff (regular full-time, regular part-time, term, temporary, probationary, sensitive position); all student employees; all faculty (full-time, part-time, adjunct, probationary); all administrators, including interim; all contract employees.

Policy Process

1. The President must be notified of any circumstance where litigation might be anticipated.
2. Lawsuits brought against the College must be served upon the Chair of the Board and the State Attorney General (Section 38-1-17 NMSA 1978).
3. The Board authorizes the President to coordinate lawsuits naming the College as a defendant unless the President or members of the Board are individually named as parties.
4. College counsel may be authorized by the Board to accept service on behalf of the Chair of the Board.
5. The President shall keep the Board apprised of circumstances and progress of any anticipated or active lawsuit.
6. The Board will coordinate the defense of a matter directly with College counsel if the matter involves the President or a Board member.

Statement of Accountability and Responsibility

The Board, the President and all employees are responsible for the implementation of and adherence to this policy.

Authority

Section 38-1-17 NMSA 1978 Tort Claims Act, ss.41-4-1 NMSA 1978, et. seq

Approval

SFCC Governing Board approved: 4/19/07
Revised and SFCC Governing Board approved: 9/16/14
Revised and SFCC Governing Board approved: 10/24/18