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The College is responsible for the actions
of its employees, agents, officers and directors when they are acting within the
scope of their duties for the college.
When an employee is involved in a situation that creates
a claim against the College, the College will generally indemnify the employee except
under a very limited number of circumstances. This general rule is applied when as
the employee’s actions were related to and clearly within the expectations
of their duties as an employee, and the employee acted in good faith, without criminal
or other misconduct, and with the reasonable belief that his/her action was in the
best interests of the college.
Indemnification assures that the employee will be represented
by legal counsel and the reasonable expenses of the representation along with the
damages that may ultimately be paid will be borne by the College. If an employee
is individually named as a defendant in a lawsuit by the claimant, the Trustees must
affirmatively vote to indemnify the employee.
The Five College Risk Manager is the primary officer
of the College concerned with liability issues and insurance. The risk manager addresses
questions related to indemnification clauses and insurance provisions in contracts,
release and waiver forms for participation in events, insurance coverage questions
and risk assessment. The risk manager can be reached at 413-538-2731
If you are sued in your capacity as an employee or if you are involved in or aware
of a situation that you believe might give rise to a claim, it is important to speak
with the College’s general counsel, at 413-585-2135 as soon as possible. The
general counsel can help you anticipate what is likely to happen and will ensure
that your interests and those of the College are represented. It is important that
you NOT make statements, oral or written, regarding any situation that might give
rise to a claim or action without first discussing the matter with the College’s
general counsel.
Please also see Code
of Conduct - Compliance with Laws and Regulations for more information. |
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Table
of Contents
Mission
Statement
Chapter
I
General Policies
Chapter
II
Employment at Smith
Chapter
III Salary/Compensation
Chapter
IV Benefit Administration
Chapter
V
Benefited Leaves
Chapter
VI
General Information |
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