University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

107.000 Faculty Indemnification

The content of this page applies to UEA employees on the University of Minnesota, Duluth campus.


107.100 Protection Described; Persons Covered.

Subject to paragraphs 107.200 and 107.300 below, the Regents of the University of Minnesota shall defend, save harmless and indemnify any Member against any threatened, pending or completed action, suit or proceeding, direct or indirect, whether civil, criminal, administrative, derivative or investigative, whether groundless or otherwise, wherever brought, arising out of an alleged act or omission occurring during h/her period of employment if the Member was acting within the scope of h/her employment or official capacity, against expenses, attorneys' fees, judgments, fines, penalties, punitive damages and amounts paid in settlement, actually and reasonably incurred.

107.200 Eligibility Criteria; Certain Conduct not Protected.

To be eligible under this policy, a Member must have acted within the scope of h/her employment or official capacity, and, with respect to any criminal action or proceeding, the Member must have had no reasonable cause to believe h/her conduct was unlawful. There shall be no obligation either to defend or to indemnify in the event of malfeasance in office or willful or wanton neglect of duty or other actions. There shall also be no duty to defend or indemnify a Member with respect to an action brought by the Regents or their authorized representatives. Furthermore, this policy shall apply only in those cases where the Member seeking a defense and indemnification has given prompt written notice of the action, suit or proceeding to the Regents of the University of Minnesota, requested defense by the University and has provided complete disclosure and cooperation in the defense of the claim or demand.

107.300 Eligibility Determination.

The determination of the eligibility of a Member to the protection described above shall be made by the President of the University after appropriate investigation. A determination of eligibility may include limitations or exceptions. The President shall make this determination in writing and provide a copy to the Member. The Member may grieve the President's determination of eligibility, and may initiate the grievance at Step Three.

107.400 Application of Law.

The provisions of this section are in addition to and not in derogation of any other obligation, limitation, condition, notice provision, or restriction provided by law including, but not limited to, Minnesota Statute 3.372-736.