Officer and Employee Indemnification Policy

The University shall provide its officers and employees a legal defense, and pay costs, judgments or settlement expenses incurred in connection with the defense or resolution of external civil actions filed against such persons in connection with their performance of University duties, provided that all eligibility criteria established by the University are otherwise met. Please read on to find information on conditions for eligibility, restrictions, third party rights, and university action as well as procedural information.

Policy Statement

The University shall provide its officers and employees a legal defense and pay judgments or settlement expenses actually and reasonably incurred in connection with the defense or resolution of civil actions filed against such persons in external forums, such as judicial or agency proceedings.


Definitions

Officers and employees as defined in this Policy are all compensated officers and employees of the University and shall be referred to as "employees." Good faith means in a manner reasonably believed to be lawful and without gross negligence.

Procedures

Conditions of Eligibility

Defense and/or payment under this policy shall be available only if all of the following conditions are met to the satisfaction of the University, and in its sole discretion:

Additional Restrictions

Rights under this Policy shall not extend to:

Third Party Rights. The rights conferred under this policy shall not enlarge the rights or remedies otherwise available to any third party plaintiff or claimant, nor shall any person or entity be entitled to make claims as third party beneficiary hereunder. This Policy shall not serve as a waiver of sovereign immunity insofar as applicable.

University Action Upon Requests. The Directions of Risk Management or his/her designee shall provide a written response to any employee request to indemnification under this Policy within ten (10) business days of receipt of the information described in paragraphs 2 and 3 of the "conditions of eligibility" section above. In the event that eligibility cannot reasonably be determined within that time frame, or the University determines to provide indemnification subject to a reservation of rights, said Director or designee shall provide the employee with a written status report and/or reservation of rights statement. An employee may appeal from any total or partial denial of indemnification under this Policy by filing written appeal with the University Vice President for Administration within five (5) business days of receipt of a final decisions from the Department of Risk Management. The decision of the Vice President for Administration will constitute University final action on the indemnification request.

Modifications

The University reserves the right to modify or withdraw this Policy in its sole discretion, except as to acts or omissions which occur before the effective date of such modification or withdrawal.



Forms

Written request on the part of the employee. Please see "Procedures" for details.



Contacts

Questions regarding this policy, and requests for a copy of the eligibility criteria for indemnification under this Policy, should be directed to the University Director of Risk Management.