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Indemnification—Legal Liability

Section 113

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.

For more information, see Code of Conduct (Compliance with Laws and Regulations).