Chapter 11

11.01-11.05 | 11.06-11.10 | 11.11-11.15 | 11.16-11.17

11.16-11.17

Finance and Document Execution Authority

Effective Date: 09/01/2010

11.16 Indemnification

The University shall indemnify, to the extent it may do so in conformity with Section 7 of Act No. 70 of the Acts of 1885, any indemnifiable person whenever a civil judgment for damages is awarded against such person for personal injuries or property damages caused by that person while in the course of employment and while acting within the scope of his or her authority, by paying, compromising, or settling the judgment.

In the case of civil claims or actions for injuries to persons or property caused by the negligence of an indemnifiable person in the course of employment and while acting within the scope of his or her authority, the University shall, to the extent it may do so in conformity with Section 7 of Act No. 70 of the Acts of 1885, pay for, engage, or furnish the services of an attorney for the indemnifiable person. The University may compromise, settle, and pay such a negligence claim before or after the commencement of a civil action.

When a criminal action is commenced against an indemnifiable person based upon conduct of the indemnifiable person in the course of employment, the University shall pay for, engage, or furnish the services of an attorney for the indemnifiable person to advise the indemnified person if that indemnifiable person had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct.

As provided in this policy, "indemnifiable person" means a current or former:

  1. Member of the Board of Trustees of Michigan Technological University.
  2. President and other officer of the University.
  3. Administrative staff member or manager who exercises discretion or authority with respect to the operation of the University.
  4. Member of the faculty.

The indemnification provided under this policy will inure to the benefit of the heirs and personal representatives of indemnifiable persons.

The University shall have the right to employ counsel of its choice in any action, suit, or proceeding, for which indemnification is provided under this policy.

No amount shall be paid in settlement under this policy unless: (1) the University is notified of any settlement or compromise prior to the time at which it is agreed upon, and (2) the University approves in advance the amount of the settlement or compromise. The approval or rejection of any proposed settlement or compromise shall be within the sole discretion of the University.

The University shall not be liable under this policy unless it receives notification within ten (10) days of the service and presenting or filing of any claim(s) for which indemnification is sought.

The University shall not be liable under this policy unless it is kept apprised of the status of any litigation or claim involving a matter which may be the subject of indemnification including deposition, trial, hearing, and mediation dates, the proposed entry and entry of all orders or judgments, the receipt of any settlement demand, and any other information requested by the University.

At its sole discretion, the University may assume control of the defense of any claims or litigation which involves potential indemnification liability on the part of the University.

This policy shall not be enforceable by any person other than an indemnifiable person and shall not create any rights in any third party, nor is it intended to benefit any third party or parties.

History
  12/03/76  
  01/28/82  
  09/19/86 complete revision
  07/15/2010 Was previously Policy 13.9. Renumbered only.

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Effective Date: 09/01/2010

11.17 Financial Emergencies

The Board of Trustees, upon recommendation of the President, has the authority to declare the existence of a financial emergency. The President, in accordance with established University procedures, shall implement the necessary actions for determining and managing a financial emergency.

History
  03/15/2002  
  07/15/2010 Was previously Policy 13.24. Renumbered only.

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