BPM-801 Defense & Protection of Employees & Students
Revised October 24, 1989
DEFENSE AND PROTECTION OF UNIVERSITY EMPLOYEES
An officer, faculty member, employee or student of the University of Missouri will be provided defense and protection against loss, damage, or expense in connection with any claim or suit allegedly related to or arising out of the performance of duties for or employment with or by the Curators of the University of Missouri, subject to the following conditions:
- Such an officer, faculty member employee, or students who, individually or with others, is named as a defendant in legal actions or proceedings submits a request for such defense and protection to the President.
- The student is duly enrolled at the University of Missouri and the claim or suit is allegedly arising out of performance of duties as a member of a University of Missouri committee to which the student had been appointed by a duly authorized University of Missouri administrative officer.
- Such a request shall include:
- A brief description of the circumstances surrounding the incident giving rise to the legal action;
- Documentation to verify that the named individual was acting within the scope of his or her official duties at the time of the incident, and
- A copy of the summons or petition served on the named individual.
- The President determines that the named individual was acting in good faith and within the scope of his/her employment of authority.
- Such defense or protection is legally permissible.
- No protection will be provided if a court determines that the action arose out of malfeasance in office or willful or wanton action or neglect of duty.
PROVISION OF DEFENSE AND PROTECTION
While such defense and protection normally will be provided by insurance maintained by the University, this policy applies without regard to the availability of insurance coverage. If the initial determination is made by the President that the named individual is entitled to defense, it shall be provided either by insurance or by the General Counsel or by an outside counsel appointed by the General Counsel on behalf of the individual.