Functions and Responsibilities
|A.|| According to the statutes of the state of Washington, "The attorney
general of the state shall be the legal advisor to the presidents and the boards of
regents and trustees of the state's colleges and universities and he shall institute
and prosecute or defend all suits in behalf of the same." [RCW 28B.10.510] Also,
according to the statutes, "The attorney general may appoint necessary assistants,
who shall hold office at his pleasure, and who shall have the power to perform any
act which the attorney general is authorized by law to perform."
|B.|| Pursuant to these provisions, the Attorney General has established
a division at the University of Washington headed by a senior assistant attorney
general with such assistant attorneys general as may be needed. Where special
circumstances warrant it, the Attorney General occasionally appoints a special
assistant attorney general to perform special legal assignments on behalf of the
University under the supervision of the head of the division. The assistant attorneys
general assigned to the University are directly responsible through the head of the
division to the Attorney General and his or her chief deputy.
|C.|| All legal matters pertaining to the University must be handled by
the Attorney General's University Division and should be directed to that office
through the President or vice presidents of the University. Consultations and
communications with that office should be in accordance with procedures authorized
by the President or the Board of Regents.
Legal Procedures Involving the University and Its Personnel
|A.||Subpoenas, Depositions, and Legal Process
In any instance where a person is served a subpoena, notice of deposition, or other legal process which relates to University business, that person shall immediately inform the Attorney General's Division of that fact. This policy does not apply to cases where the relation of the person to the legal proceedings is purely personal.
|B.||Lawsuits, Claims, Actions, Summons, and Complaints against
the University and Its Personnel
|1)||Whenever any claim, suit, or proceeding is brought against an employee,
student, or agent of the University which is believed to arise out of the performance or
failure of performance for, or employment with, the University and the individual wants
to be defended by the University, a written request that the University appear, defend
the suit, and to hold the individual harmless from any expenses connected with the
defense, settlement, or payment of monetary judgments from such action, claim, or
proceeding, should be submitted to the Office of Risk Management. A copy of the request
shall also be submitted to the individual's immediate supervisor and the Attorney
General's Division of the University. Such request should include a copy of the claim,
complaint, or other document asserting claim against the employee and a brief statement
of the circumstances giving rise to the claim. To assure that defense of the matter is
not compromised by a failure to respond within required time lines, such request should
be made as soon as possible after receipt by the employee of any written notice that a
claim is being served against him or her.
|2)|| The immediate supervisor shall confirm to the Office of Risk Management that the
employee, agent, or student was within the course and scope of his or her University
employment, agency, or student activities when the actions giving rise to the claim,
suit, or proceeding occurred. A copy of such confirmation shall be provided to the
employee, agent, or student who made the request for legal representation and
indemnification by the University.
|3)|| The Office of Risk Management shall review the request and may utilize such means
or actions deemed necessary in order to make a recommendation to the Vice President
for Financial Management regarding the action to be taken on the request. Before
recommending against a finding that the suit or claim is University related, the Office
of Risk Management shall allow the employee, agent, or student to present, in person
or by legal counsel, the reasons he or she believes that the claim arises out of his
or her University duties.
|4)|| The Vice President for Financial Management shall review the request and
the recommendations of the Office of Risk Management, and grant or deny the
request based on the terms and conditions set forth in the Board of Regents
Governance, Standing Orders, Chapter 5,
"Indemnification of University Personnel."
|5)|| The Attorney General's Division shall take all necessary steps in the interim to
protect the interest of the parties.
Personal Legal Consultation Not AvailableThe assistant attorneys general are not available for personal legal consultation.
|June 1, 1972; February 21, 1978; June 13, 1980; June 1, 1990; April 20, 1994; February 19, 2004.|