UNIVERSITY OF PITTSBURGH PROCEDURE 07-06-07
CATEGORY: PERSONNEL
SECTION: Employee Support
SUBJECT: Defense and Indemnification of Volunteers
EFFECTIVE DATE: November 25, 1991
I. PURPOSE
To provide instructions for volunteers seeking defense and/or
indemnification from the University in the event of actual or
threatened legal proceedings.
II. SCOPE
This procedure is applicable to all current and former
volunteers for the University, in connection with legal
Actions arising out of their University functions and duties.
III. DEFINITIONS
Volunteer A person performing services for the University at
the University's request without compensation other than
reimbursement for actual expenses incurred. The term
includes a person not employed by the University who at the
University's request, provides a reference on a current or
prospective University faculty member.
Indemnification Payment of judgments, settlements, and any
other expenses actually and reasonably incurred in connection
with a legal Action as defined below.
Action Actual or threatened legal action.
IV. ADMINISTRATIVE RESPONSIBILITIES
The Committee on Indemnification, composed of the Provost, the
Senior Vice President for Health Sciences, and the Senior
Vice President for Business and Finance, is responsible for
making the final determination, after disposition of the
Action, whether the volunteer will be indemnified under
Policy 07-06-07, Defense and Indemnification of Volunteers.
General Counsel is responsible for determining whether to
defend or indemnify the volunteer pending final disposition
of the Action providing in-house counsel or selecting outside
counsel, and supervising the legal defense provided or
indemnified.
V. PROCEDURE
Responsibility Action
Volunteer 1. Notify General Counsel in writing
immediately upon becoming aware of a
substantial possibility of an Action.
2. Apply to General Counsel for defense
and/or indemnification prior to
incurring expenses to be reimbursed
or otherwise acting in connection
with an Action.
- Application made after incurring
expenses to be reimbursed or
otherwise acting in connection
with the Action may be grounds for
denial of the application if such
has prejudiced the volunteer's
case or increased the costs of
defense in any way.
a. Provide to General Counsel all
pertinent information, including
detailed information about the act
or failure to act that is the
subject of the Action.
NOTE: The University may, in its sole discretion, decide to
defend or indemnify a volunteer, in whole or in part, in
advance of the final disposition of the Action, upon receipt
of an agreement by or on behalf of the volunteer to repay any
indemnification if it is ultimately determined that the
volunteer should not have received indemnification under law,
agreement, or University policy.
General Counsel 3. Decide whether to make the advance
defense or payments described above.
- The decision may be appealed, in
the academic area, to the Provost
or Senior Vice President for
Health Sciences, or, in the case
of non-academic volunteers, to the
Senior Vice President for Business
and Finance, whose decisions on
advance defense and payments shall
be final.
Committee on
Indemnification 4. Make the final determination, after
disposition of the Action, whether
the volunteer shall be indemnified.
General Counsel 5. If the University tentatively
determines, before the final
disposition of the Action, to defend
or indemnify the volunteer, select
competent in-house or outside
counsel, and supervise the cost,
quality, and strategy of any legal
defense provided or indemnified,
except to the extent that doing so
would constitute a conflict of
interest, in which case other
appropriate arrangements shall be
made.
Volunteer 6. Cooperate fully in the defense of the
Action.
- Any unreasonable failure to provide
full information or to cooperate
with the General Counsel will be
cause for denial of defense and/or
indemnification.
7. Promptly notify General Counsel of any
personal or other insurance coverage
which provides for defense and/or
indemnification.
- The University may require that any
available benefits under such
insurance be exhausted before
providing benefits under the
Defense and Indemnification of
Volunteers policy.
8. Promptly notify General Counsel in the
event an entity apart from the
University with which the volunteer
was connected in the course of the
actions or omissions that gave rise
to the Action may be obligated or
able to provide defense and/or
indemnification.
- The University may require that any
available benefits from such
entity (or its insurers) be
exhausted before providing
benefits under the Defense and
Indemnification of Volunteers
policy.
9. If requested by the University,
produce proof of any such alternative
sources of protection described in
steps 6 and 7 above, or lack thereof.
VI. REFERENCE
- Policy 07-06-07, Defense and Indemnification of
Volunteers.