Legal Matters

Lawsuits, Legal Claims & Subpoenas

There are times when the University is named as a defendant in a lawsuit or as a respondent in an administrative proceeding or other external complaint process. When a complaint is filed in court or with an administrative tribunal, the plaintiff or complaining party must provide the University with notice of the lawsuit by serving a copy of the complaint upon the University. Sometimes this is accomplished electronically, by mail, or by hand-delivery of a summons and complaint to the University by a process server. The Office of the General Counsel provides legal services for University-related matters and advice in responding to subpoenas, summonses and court orders requiring either the personal appearance of a University employee for testimony relating to employment at the University or the production of University documents or records.

All process servers must be directed to the General Counsel's Office where the General Counsel or a member of the legal staff will sign for the summons and complaint or other legal documents and ensure that the matter is appropriately assigned and handled. University faculty and staff are not authorized to accept service of process on behalf of the University.

If by any circumstance process is not served on the GCO, the following procedures should be followed:

Subpoenas
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In matters where the University or its Board of Trustees is a party, subpoenas should be immediately forwarded to the Office of the General Counsel, with the date received by the individual or department indicated on the document. Please hand deliver the subpoena to the Office of the General Counsel.

In matters where the University or its Board of Trustees is not a party, but an employee is yet in receipt of a subpoena, the Office of the General Counsel is available to provide advice regarding the subpoena.

Please note that the University is bound to follow privacy and confidentiality safeguards imposed by federal and state laws in certain instances prior to the release or disclosure of any records.
Court Orders/Summonses
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University employees receiving a court order, summons, or notification that a lawsuit has been filed against them (for actions taken in the course and scope of their job) or the University must immediately forward the original court order, summons or notification to the Office of the General Counsel with the date received by the individual or department indicated on the document. Please hand deliver to the Office of the General Counsel.
Written Communications
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The recipient of letters, correspondence or other communications regarding legal matters from lawyers, court officials, or the general public should acknowledge receipt and indicate that the letter will be forwarded to the Office of the General Counsel for response. Any and all written communications requesting employment information or records relating to a current or former employee may be directed to the Human Resources Department, or may be requested via a public records request.

Legal Processes & Definitions

For additional information, you may also review our resources section.

CONTRACT REVIEW ATTORNEY-CLIENT PRIVILEGE

Governance

Florida Gulf Coast University Board of Trustees is a public body corporate established by Florida Law with all of the powers of a corporation, including the power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or equity, and to give and receive donations. The formal legal name of the University is "The Florida Gulf Coast University Board of Trustees, a public body corporate of the State of Florida." This name should be used on all legal documents.
As a public instrumentality of the State of Florida performing an essential public function, the University enjoys sovereign immunity except to the extent expressly waived in law by the Florida Legislature. Generally speaking, the University's colleges, schools, centers, institutes, departments, offices, committees and the like are not separate entities from the University and should not be described as such on any legal document.

Board of Trustees
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The Florida Gulf Coast University Board of Trustees is the governing body of the University and consists of thirteen members appointed as follows: six members appointed by the Governor subject to confirmation by the Senate; five members appointed by the Board of Governors also subject to confirmation by the Senate; the president of the FGCU Faculty Senate; and the president of the FGCU Student Government. The president is the chief executive officer and corporate secretary of the Board.

Information regarding meetings of the FGCU Board of Trustees, as well as copies of governance documents applicable to its members, may be found in the resources tab at https://fgcu.edu/trustees/.
Florida Board of Governors
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There are seventeen BOG members, fourteen of whom are appointed by the Florida Governor and confirmed by the Florida Senate. The remaining members include the Chair of the Advisory Council of Faculty Senates, the Commissioner of Education, and the Chair of the Florida Student Association. The Florida Board of Governors (BOG) governs the state university system. The BOG is established by Article IX, Section 7 of the Florida Constitution.

Additional information about the BOG may be found on their website at www.flbog.edu
Direct Support Organizations
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The Florida Gulf Coast University Foundation, Inc., and the Florida Gulf Coast University Financing Corporation are direct support organizations (DSOs) of the University. The DSOs are formed as not for profit corporations under the Florida Not for Profit Corporation Act, Chapter 617, Florida Statutes. The Internal Revenue Service has recognized the DSOs as tax-exempt charitable organizations under Section 501(c)(3) of the Internal Revenue Code. Gifts made through the Foundation or the Financing Corporation are generally exempt from federal income, gift and estate tax purposes.

While a DSO is a legal entity separate from a state university, Florida Law authorizes a state university board of trustees to certify such an organization to operate for the benefit of a university. This certification empowers a DSO to receive, hold, invest, and administer property and to make expenditures to or for the benefit of its university or for the benefit of a research and development park or research and development authority affiliated with the university. Florida Law requires that a DSO operate in a manner consistent with the goals of its university and in the best interests of the State of Florida, as determined by the university president and board of trustees.
Faculty Senate
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The purpose of faculty governance at Florida Gulf Coast University is to safeguard academic quality, promote effective and open communication, insist upon academic integrity, emphasize rights and shared responsibilities of students, staff, community, faculty, and administration, and sustain a dynamic learning environment.

For more information regarding Faculty Senate, please visit the Faculty Senate's website.
Student Government
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The mission of the Student Government is to provide an intellectual, social, and cultural environment that maximizes student potential and enhances student success. The purpose of Student Government is to provide equal representation for all students at Florida Gulf Coast University.

For more information regarding Student Government, please contact the Dean of Students Office or visit the Student Government's website.