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