Proposed Revision to 804.4 - Insurance; Personal Indemnification
1. Montana University System officers and employees are entitled to immunization, defense, and indemnification when sued civilly for their actions taken within the course and scope of their employment. This policy shall apply to the Commissioner of Higher Education, employees with the Commissioner's office, and Board members themselves, as well as presidents and other unit employees.
2(a) In addition to notifying the campus
president, an officer or employee
who has been sued civilly for actions taken within the course and scope of
employment shall notify the Commissioner of Higher Education of the
lawsuit. A unit may provide an internal
mechanism to achieve the notification of the Commissioner. In the case of non-campus based
persons covered by this policy, employee notification that the person is being
sued civilly shall be directly to the Commissioner
who shall in turn place the
matter before the Board.
(b) If the Board of Regents determine
s that the conduct upon which the
claim brought arises out of the course and scope of the officer's or
employee's employment, it may so
(c) No defense, indemnification nor immunity will be granted to an employee by the Board if (1) the conduct of the employee constitutes a criminal offense; (2) the employee compromises or settles the claim without the consent of the Board; or (3) the employee fails or refuses to cooperate reasonably in the defense of the case.
Board minutes, December 10, 1973; Item 44-003-R0784, Indemnification, Montana University System (Revised).