TENNESSEE TECHNOLOGICAL UNIVERSITY
MISCELLANEOUS POLICIES AND PROCEDURES
11. USA Patriot Act
11.1 Information
Request from a Law Enforcement Officer Procedure/Policy
The U.S.A. Patriot Act was designed to broaden the surveillance capabilities of law enforcement agencies to enhance the detection and suppression of terrorism. This Act is Federal Law and TTU must comply with it. The procedures below outline TTU’s response to receipt of a court order (i.e., a search warrant or subpoena) from a law enforcement agency for release of information, records, documents or data. Such information may include, but not be limited to, records of borrowed print materials (library records), records of internet access, e-mail communication records, and telephone usage records.
11.2 Upon receipt of a request for information
by a law enforcement officer presenting a court order issued pursuant to the
USA Patriot Act, the following should occur:
11.2.1 The person receiving the request –
A. Should take the officer to the
administrative head of the unit or the person in charge when the administrative
head is absent.
B. In the absence of both the administrative
head and the person in-charge in the administrative head’s absence, follow the
procedures below in 11.2.B. Administrative Head.
11.2.2 Administrative Head
A. Contact the
Chief of University Police – 372-3234.
B. If the Chief is not on-campus, tell the
dispatcher the situation and request that the Chief be contacted immediately.
C. Follow the directions of the Chief. The Chief will normally ask that the requesting officer be brought to Police Headquarters – University Services Building, Room 110.
11.2.3 Chief of University Police
A. Contact TBR legal
counsel, 615/366-4438, and fax the court order to legal counsel, 615/366-3910.
B. Validate requesting officer’s
identification and, in consultation with TBR legal counsel, determine the
legality of papers presented.
C.
In consultation with TBR legal
counsel, instruct the University office that has responsibility for the
relevant information the action the office is to take to meet, but not exceed,
the parameters of the court order. Gag orders may be imposed by the court order.
D. File detailed incident report with TTU
President including the contents of the request and the complete nature of the
response.
11.2.4
Administrative head of affected office
A. Provide information as directed by Chief of
University Police.
B. Inform Chief when actions pursuant to the
papers presented are complete.
11.3 Policy Actions
11.3.1 TTU will retain records according to TBR
policy. Records not governed by TBR
policy will be retained in the same manner, as
they were when the guidelines governing them were put in place.
11.3.2 TTU will provide copies of this policy to
all TTU faculty, staff, and students who might
receive a court order. TTU will also
publish the policy.
11.3.3 TTU will provide notice to its faculty, staff and
students that “The Patriot Act authorizes law enforcement agencies, acting
pursuant to a valid court order, to compel University personnel to disclose
previously confidential information about person’s use of library materials and
the Internet.” TTU
will also publish this notice.
Last Updated: 23-AUG-04
