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INDEMNIFICATION OF FACULTY, EMPLOYEES AND CERTAIN VOLUNTEERS AND STUDENTS IN DAMAGE SUITS; EXPENSES OF LITIGATION On occasion, law suits or other legal claims are made against the University, its faculty and staff. In general, if the faculty or staff member named in the action has acted within the scope of his or her duties and the subject conduct was not wanton, reckless, or malicious, State statute requires the State to provide for the faculty or staff member's defense. The following statement is an abridged version of the applicable statute for your reference. Section 10-235 of the Conn. General Statutes in summary provides: The board of trustees of each state institution shall protect and save harmless any member of such boards, or any teacher or other employee thereof or any member of its supervisory or administrative staff employed by it, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to or death of any person, or in accidental damage to or destruction of property, within or without the school building, or any other acts, including but not limited to infringement of any person's civil rights, resulting in any injury, which acts are not wanton, reckless or malicious, provided such teacher, member or employee, at the time of the acts resulting in such injury, damage or destruction, was acting in the discharge of his or her duties or within the scope of employment or under the direction of such board of education, the Board of Governors of Higher Education, board of trustees, state agency, department or managing board; provided that the provisions of this section shall not limit or otherwise affect application of section 4-165 concerning immunity from personal liability. Legal fees and costs incurred as a result of the retention, by the board of trustees of any state institution or by a teacher or other employee or any member of the supervisory or administrative staff, of an attorney to represent his or her interests shall be borne by said State, board of trustees of such state institution employing such other employee or supervisory or administrative staff member, only in those cases wherein the attorney general, in writing, has stated that the interests of said board, board of trustees or state agency differ from the interests of such member, and has recommended that such member, teacher, other employee or staff member obtain the services of an attorney to represent his interests and such member, teacher or other employee is thereafter found not to have acted wantonly, recklessly, or maliciously.
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