Legal Defense and Indemnification
Adelphi University provides legal defense and indemnification to eligible individuals with respect to claims that arise from activity within the scope of University employment and/or in the performance of authorized duties. To qualify, an individual must also request such defense and/or indemnification and cooperate in the defense of any action or proceeding as provided herein.
Policy Statement
Adelphi University provides legal defense and indemnification to eligible individuals with respect to claims that arise from activity within the scope of University employment and/or in the performance of authorized duties. To qualify, an individual must also request such defense and/or indemnification and cooperate in the defense of any action or proceeding as provided herein.
Reason for Policy
This policy defines the circumstances under which the University protects individuals with respect to legal actions brought against them.
Who Is Governed by this Policy
Faculty, Staff, Trustees
Policy
Employees acting within the scope of University employment, and in the performance of their authorized duties, are protected by the University’s indemnification policy. Additional classes of individuals who are protected by this policy when acting on behalf of the University within the scope of their authorized duties include the following:
- Members of an advisory council of a school or college
- Directors or employees of a subsidiary corporation of the University
- Volunteers, while acting at the specific prior request of an authorized University official to perform unsalaried services on behalf of the University
- Emeritus professors
- Emeritus trustees
Acts of intentional wrongdoing, gross negligence, and recklessness fall outside of the scope of authorized duties. The University will not defend or indemnify individuals for such acts. The University also will not defend or indemnify individuals in any action or proceeding brought against them by the University itself.
Note: This policy does not refer to members of the Board of Trustees, including any employee concurrently serving as a trustee, with respect to acts or omissions arising out of the performance of trustee responsibilities. The indemnification of these persons is governed by the New York Not-For-Profit Corporation Law, and University Bylaw Article XV, and shall be subject to such procedures as the Board of Trustees may adopt from time to time.
Definitions
Indemnification: Payment of any judgement for monetary damages assessed against you in a legal proceeding.
Legal Defense: Provision of an attorney to represent you and give you legal advice (such as preparing you for a trial), and payment of your court and case-related costs.
Forms
This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.
Related Information
Document History
- Last Reviewed Date: February 15, 2018
- Last Revised Date: December 2017
- Policy Origination Date: Unknown
Who Approved This Policy
Assistant Vice President of Student Affairs and Dean of Students
