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Law Enforcement Campus Access Guidance

Guidance for Delaware State University Public Safety, Faculty, and Staff

Delaware State University (DSU or University) regularly receives requests for student and employee information from external (non-DSUPD) law enforcement officials in the normal course of business, such as background checks, security clearances, or verification requests. At times, outside agencies may also contact or visit the campus in person seeking access to records, campus facilities, employees, or students during investigations or enforcement actions.

Following these guidelines helps maintain the safety and security of our campus environment and ensures DSU responds appropriately, lawfully, and consistently to all requests.

Key Points:

  • The safety and security of our students, faculty, staff, and visitors are DSU’s top priorities.
  • DSU must comply with the law, including protecting student information as required by FERPA, and safeguarding employee information in accordance with University policy and applicable law.
  • DSU is committed to ensuring that law enforcement activity on campus proceeds in accordance with appropriate legal process (e.g., warrant, subpoena, or court order) when required.
  • If you receive any communication or an in-person visit from external law enforcement requesting access to records, campus facilities, employees, or students, you should:
    • Inform the official that DSU protocols require coordination with DSUPD and OGC to review the request and determine whether access may be granted.
    • Ask the official to wait for further guidance (when safe and lawful to do so), and promptly contact DSUPD and OGC using the information below.
    • DSUPD (Non-Emergency): 302.857.7911
    • General Counsel: 302.484.5369 | legalaffairs [at] desu.edu | Claibourne D. Smith Administration Building
    • Deputy General Counsel: 302.603.5898 | legalaffairs [at] desu.edu | Claibourne D. Smith Administration Building

Background:

FERPA safeguards the privacy of information contained in student education records. Information from these records can only be shared outside the University with written student consent or in limited instances that fall under FERPA’s consent requirements, such as during a health and safety emergency, or when legally required by a subpoena or court order, in consultation with OGC. 

You are not required and have no obligation to provide information on behalf of the University to a federal, state, or local official immediately during a phone call or in person. In almost all cases, the University has the right to a reasonable opportunity to review and respond to the request. 

In addition, except in emergencies or other exigent circumstances recognized by law, external law enforcement generally requires a properly issued warrant or the University’s consent to enter non-public spaces at the University (e.g., residence halls, controlled-access buildings, classrooms in session, private offices, secured areas, or spaces not open to the public). Decisions to grant access should only be made in consultation with OGC. 

University employees should not interpret legal documents (warrants, subpoenas, orders). OGC has responsibility for reviewing and coordinating the University’s response.

For Requests Received by Mail or Email:

If you receive a subpoena, court order, or letter from a court or a federal, state, or local agency requesting information about a student, faculty, or staff member:

  • Scan the document and email a copy to OGC at legalaffairs [at] desu.edu. Include the date the document was received and how it was delivered (regular mail or email).
  • OGC will review the document and collaborate with the appropriate office to respond.

For Calls or In-Person Visits:

If you receive a call or an in-person visit from an external official delivering a subpoena or requesting access to records, campus facilities, employees, or students, inform the official that University protocols require external officials to coordinate with DSUPD and OGC to review the request. You are not required to, and should not, provide information immediately upon request. 

  • If the official is attempting to deliver a subpoena:
    • Inform the official that OGC is the designated office to accept service of subpoenas and related legal process on behalf of DSU, and contact OGC at 302.484.5369.
  • If the official is requesting information orally (by phone or in person) about a student or employee:
    • Ask the official to submit the request in writing (email is acceptable) on official agency letterhead, and indicate that someone will follow up after DSU has had an opportunity to review.
    • If possible, write down the official’s identifying information, including: name, badge/ID number, title, agency, contact information, time of visit or call, and the information they are seeking. 
    • Contact OGC at 302.484.5369 and provide that information to an OGC staff member. OGC will review the request and coordinate any next steps.
  • If the official is on campus and requesting access to records, campus facilities, or individuals:
    • Inform the official that DSU protocols require coordination with DSUPD and OGC to review the request.
    • Ask the official to wait for further guidance (when safe and lawful to do so), and promptly contact:
      • DSUPD: 302.857.7911
      • OGC: 302.484.5369

Additional Guidance: Immigration and Customs Enforcement (ICE) / Department of Homeland Security (DHS)

If immigration or federal civil enforcement officials (e.g., DHS/ICE) seek access to campus or request information:

  • Contact the Office of General Counsel (OGC) immediately and notify DSUPD for coordination.
  • Do not grant access to non-public areas or disclose records without OGC review and authorization, unless required in a true emergency.
  • Request and preserve copies of any documentation presented (warrant/court order), and limit any assistance to what is legally required.

University personnel should not make representations regarding immigration status or provide legal interpretations to federal agents.

Media and External Communications

Trustees, employees, and DSUPD personnel must not provide statements or comments to the media or external parties regarding law enforcement activity on campus. All media or public inquiries should be directed to University Communications, in coordination with OGC.

Last Updated: 1.21.26