Regents Policy 4202: Policy on Defense and Indemnification of Employees and Former Employees

Approved January 17, 1986
Amended March 25, 2010

For all matters except those specified below, the defense and indemnification of employees and former employees shall be governed by the provisions of the California Tort Claims Act and administered in accordance with the delegations to the President and the General Counsel pursuant to the Bylaws, Standing Orders and Regents Policy.

In the event of an award of punitive damages against an employee or former employee of the University related to an act or omission of the employee or former employee, the Regents shall make an independent determination whether the employee or former employee’s act or omission was: (1) within the course and scope of University employment; (2) in good faith, without actual malice and in the apparent best interests of the University; and (3) whether payment of the award would be in the best interests of the University. If the Regents determine that the employee or former employee’s act or omission was within the course and scope of University employment, in good faith, without actual malice and in the apparent best interests of the University, and that payment of the award is in the best interests of the University, the Regents shall indemnify the employee or former employee as to such punitive damages. The amount to be indemnified shall be determined by the Regents and in their sole discretion.