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Title Administration / Policy B-19
Effective Date 10-1-06
Rescinds 7-15-05
Subject Liability Protection Program
Purpose To outline the agency’s liability protection program
Scope This directive applies to all personnel.
Reference Civil Practice and Remedies Code, Chapter 101 and Chapter 104
CALEA 22.2.7
The policy of the University Police Department is to ensure that liability incurred in the name of the department be adequately reviewed and addressed in a manner deemed appropriate by the UT System Office of General Counsel.
  1. Insurance Coverage
    1. The University of Texas System and its subordinate institutions are self-insured. The defense and indemnification of all employees is outlined in the Texas Civil Practice and Remedies Code at chapters 101 and 104, those statutory provisions supersede this directive in any instance of conflict or contradiction.
  2. Liability
    1. The employees of the university in the performance of their duties may on occasion be civilly sued. The University of Texas Office of General Counsel and institutional Office of Legal Affairs, in concert with the Office of the Attorney General of Texas, will assess each case on its individual merits and determine if the employee’s conduct was within the scope of their duties. In cases where counsel determines conduct was within the scope of the employee’s duty, or when counsel opts to defend, the employee will be afforded counsel by the university.
  3. In order to be afforded counsel:
    1. Employees must notify the Chief of Police and University Office of Legal Affairs through the chain of command, as soon as practicable.
    2. Employees must notify the Office of the Attorney General and provide all process served no later than the tenth day after the date of service. This is accomplished by:
      1. Immediately deliver all original process served and other related legal papers received to the University Office of Legal Affairs, together with the envelope, any packaging, and a statement identifying the time, date, and manner of delivery. The Office of Legal Affairs will, in turn, notify the Office of the Attorney General.
      2. The employee should call the Office of the Attorney General and advise them of the pending action and inform them that all process was delivered to The Office of Legal Affairs, as the ultimate responsibility of notification rests with the employee.
  4. Possible Claims
    1. If an employee is involved in an incident that is likely to cause a claim under the Texas Tort Claims Act, they should immediately notify the Chief of Police through the chain of command. A Preliminary Summary Report must be completed and sent to the Office of Vice President and Chief Financial Officer, together with any written statements and other relevant documents.
    2. If such a claim is likely to arise because a university vehicle was involved, in addition to the Preliminary Summary Report, an Automobile Loss Notice (ACORD) form must be completed and sent to the Office of the Controller, together with the police report, written statements, and other relevant documents.