UNIVERSITY OF PITTSBURGH POLICY 07-06-06
CATEGORY: PERSONNEL
SECTION: Employee Support
SUBJECT: Faculty and Staff Indemnification
EFFECTIVE DATE: May 1, 2002 Revised
PAGE(S): 2
I. SCOPE
This policy establishes the conditions under which the University
will provide
indemnification and legal defense to faculty and
staff.
II. POLICY
A. Except as prohibited by law, the University of Pittsburgh
shall furnish each current and
former employee of the University with legal defense and payment of judgments, fines,
penalties, settlements and any other expenses actually and reasonably incurred in
connection with an actual or threatened action, suit or proceeding, whether civil,
criminal, administrative or investigative (such action, suit or proceeding hereinafter
being referred to as "Action"), brought against such employee by reason of being or
having been an employee of the University, or by reason of serving or having served
the University as a member of or representative to a committee, board or other entity
outside the University. Any rights that accrue under this policy shall inure to the benefit
of the employee's estate in the
event of the employee's death.
B. Defense and/or indemnification under Paragraph A shall be
available only if all of the
following conditions are met:
- Such employee's actions or omissions were within the
scope of his or her
University duties and authority in
teaching, research and administrative activities
for which an employee is paid by the University.
- Such employee's actions or omissions were in good faith,
and in a manner
reasonably believed to be lawful and in
the best interests of the University.
- The acts or omissions did not constitute willful
misconduct, gross negligence or
recklessness.
C. Subject to all of the limitations contained in this policy
and associated procedure,
protection in this policy may, at
the University's sole discretion, also be extended to:
- Writing or publishing that has been or will be a basis
for appraisal of the employee's
job performance, that adds to the employee's professional knowledge and
experience and that contributes to the employee's
professional or academic field.
- Professional activities, including public service, that
are unambiguously related to
the employee's function as a representative of the University, that add to the
employee's professional knowledge and experience and that contribute to the
general society, even though not carried out at the University's direction or under
its control, provided such activities are not compensated by any other person or
entity (other than for reasonable expenses or by honoraria no higher than the level
paid by the federal government), e.g., service on accrediting commissions and on
governmental advisory boards, and attendance at professional conferences. The
University reserves the right to decide in each case, based on the facts and
circumstances, whether or to what extent to extend protection for the activities
described in this
paragraph C.
D. The protection in this policy shall not, among other things,
extend to consulting or other
outside professional or
business activities for which the employee or an entity with
which he or she is affiliated is entitled to receive
compensation exceeding reasonable
expenses.
E. The protection in this policy shall extend only to Actions
in which an employee is a
defendant or proposed defendant, and shall not extend to Actions that an employee
may
affirmatively initiate or propose initiating against any
other persons or entities.
F. The protection in this indemnification policy shall not
extend to defense and/or
indemnification of an employee in an internal University proceeding. Internal
proceedings are those that are conducted by the University under University rules
and guidelines. There shall be two exceptions to this
provision:
1. An employee shall be eligible for defense and/or
indemnification in an internal
proceeding that arises
from allegations made by an outside individual, agency,
organization or interest group, if the outside party is
already represented by legal
counsel in the proceeding. An employee is eligible for defense and/or
indemnification in such an internal proceeding once it reaches a formal stage
(e.g., the investigation stage of a research integrity proceeding) and in an amount
not to
exceed $30,000.
2. An employee who has been accused of research misconduct
under the
University's Research Integrity Policy and who has been fully exonerated of all
charges of research misconduct in a Research Integrity Proceeding mandated by
the federal government shall be eligible for indemnification in connection with his/
her reasonable legal costs incurred in responding to the charges under the
Research Integrity Policy. If, however, an employee has been exonerated from
charges of research misconduct but has been found to have committed research
impropriety under the University's Research Integrity Policy in a Research Integrity
Proceeding mandated by the federal government, the Committee on Indemnification
shall decide whether or not to award the indemnification. An employee is eligible
for indemnification in such internal Research Integrity Proceedings for the
reimbursement of reasonable legal costs necessary for the defense in an amount
not to
exceed $30,000.
G. The protection in this policy shall not extend to actions or
omissions while an employee
is on an unpaid leave of absence
from the University.
- Exceptions may be made at the University's sole
discretion where an employee on
leave is engaged in
activities that are an extension of his or her University
activities.
H. The protection in this policy shall not extend to medical or
other professional liability
with respect to which employees
are protected under the University Health Center of
Pittsburgh professional liability insurance program.
III. REFERENCE
Procedure 07-06-06, Faculty and Staff Indemnification