et seq., provides that the Board of Regents of the University,
subject to such conditions and limitations and to the
extent it may prescribe, is authorized to provide by
purchase of insurance, by self-insurance, or by any
combination of arrangements, indemnification of regents,
officers, employees, agents, and students from liability
on any action, claim, or proceeding instituted against
them arising out of performance or failure of performance
of duties for or employment with the University, or of
responsibilities imposed by approved programs of the
University and to hold such persons harmless from any
expenses connected with the defense, settlement, or payment
of monetary judgments from such action, claim or proceeding.
|2.||Pursuant to the above authority, and subject to the conditions
and limitations stated below and to the provisions of RCW 28B.20.253
the University will provide legal defense, indemnification
and protection from any expenses connected with the defense,
settlement or payment of monetary damages related to actions,
claims or proceedings instituted against persons in the
following categories, arising out of the activities specified:
|A.|| Regents, officers, employees and agents
while acting within the scope of their duties as such.
|B.||Volunteer workers and students while acting at the direction or specific
request of the University in the course of responsibilities imposed by approved programs
of the University.
| Provided, that Sections A and B
above will not apply to actions, claims, or proceedings arising out of acts taken in
bad faith. The following are examples of types of conduct which will normally be deemed
to have been taken in bad faith:
|C.|| An individual for whom the University provides legal defense shall
cooperate fully with the University and its counsel in handling or resisting the action,
claim, or proceedings, as a condition for the protection afforded under this policy.
|D.||Whenever the University provides legal defense on behalf of any
individual, the University reserves the sole right to control the defense of the action,
claim or proceeding, and to compromise, settle or defend the matter.
|E.||Whenever the University provides indemnification and protection from
expenses on behalf of an individual, the University reserves the sole right to provide the
legal defense of the matter.
|3.||If the facts as known
at the time of initiation of the action, claim, or proceeding
are insufficient to allow for a determination as to
whether the individual comes within the terms of Section 2
above, the University may elect initially to provide
legal defense only, reserving any decision as to whether
indemnification and protection from expenses will be
provided until such time as sufficient facts are available
to determine the person's status under Section 2
personnel may be called upon to perform voluntary functions
outside the normal scope of their responsibilities on
behalf of the University. In such cases, defense, indemnification
and protection from expenses by the University may be
reasonable and appropriate, if the activity is one which
is consistent with the University's teaching, research
or public service responsibilities. In order to be assured
of protection from personal liability in connection
with such activities, the following procedures must
be complied with:
|A.||The individual must make a written request to his or her supervisory dean
or vice president in advance of undertaking the activity, describing the nature, scope and
duration of the proposed activity. A copy of this request shall also be filed with the
Office of Risk Management.
|B.||If the supervisory dean or vice president approves the activity for liability
protection, written notice of approval (and the terms thereof) shall be provided to the
individual, and a copy of the approval shall be filed with the Office of Risk
|5.||If an individual is
uncertain as to whether a particular activity comes
within the terms of Section 2, above, and wishes
to obtain assurance of liability protection in advance,
he or she may do so by following the procedures set
forth in Section 4, above.
|6.||Procedures to be followed
by an individual against whom an action, claim, or
proceeding is initiated, other than the President or
members of the Board of Regents, are described in Executive
Order No. 19, Section 2.
|7.||If any action, claim
or proceeding is filed against the President of the
University or members of the Board of Regents, the request
for indemnification and defense shall be reviewed as
|A.|| The President of the Board of Regents will act on requests submitted by
the President of the University.
|B.||Where the request involves a minority of the members of the Board of
Regents, it will be acted on by the remaining members of the Board.
|C.|| Where the request involves a majority or all of the members of the Board
of Regents, it will be acted on by the Attorney General of the state of Washington.
Determinations will be made in accordance with the standards and conditions set forth
in Sections 2 and 3, above.
to the above authority, the President or the President's
designee may enter into an agreement with an employee
to indemnify the employee for some or all of the expenses
of legal counsel to represent the employee in his
or her personal capacity in connection with external
regulatory or criminal matters arising out of acts
or omissions within the scope of the employee's University
duties. Payment of personal legal fees in connection
with such external regulatory matters is to be extended
only in unusual circumstances. It is not intended
to be treated as an employee benefit or contractual
The decision to enter into such an agreement is to be based on considerations that include, but are not limited to:
|Such an agreement shall, among other things,
provide the University with the right to approve the employee's
selection of counsel, address potential conflicts of interest
and the handling of confidential information, obtain the
employee's release of relevant claims against the University,
and address the University's rights to limit and terminate
The President is not authorized to agree to pay any of the expenses of legal counsel associated with responding to internal UW investigations or other regulatory enforcement processes initiated by the University.
BR, June 1980; BR, March 1992; BR, October 20, 2005; RC, March 24, 2011.