System Management - General

C.E.S.P. 3-33: Employee Liability Protection

Date Revised: 4-23-2001
Supersedes: 12-1-1993

Summary: Describes employee liability protection in connection with official actions.

According to Attorney General Opinion No. 84-7, University of Arkansas employees are employees of the State of Arkansas and are covered under Act 543 of 1977, which provides that the State of Arkansas shall pay actual, not punitive damages adjudged by a state or federal court, or entered by such court as a result of a compromise settlement approved and recommended by the Attorney General, against officers or employees of the State of Arkansas . . . based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his employment and in the performance of his official duties.

Act 292 of 1993 clarifies that officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability insurance, for damages for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of their employment.

The University General Counsel's Office provides legal representation for the institution, Such legal representation also includes employees of the institution if they are sued solely or in conjunction with a suit against the institution, so long as the litigation relates to their performance in the scope of their employment for the University and arises out of the course of that employment, as distinguished from their personal acts.

Where an employee is named as a defendant in litigation and the case relates to the University, the employee may be represented if he or she satisfies the President of the University that the litigation did arise out of the scope and course of the employee performing the work of the University.

Each occurrence will be considered on its own merits. If the employee acts on his or her own and not in the scope of their duties, coverage would not be provided.