10.01 Liability Protection
Purpose:
To notify the University community of liability protection provided
by the State of Iowa. Policy Statements:
- The University of Northern Iowa, an institution of higher education
under the Board of Regents, State of Iowa, is subject to the Iowa Tort
Claims Act (Iowa Code chapter 669). In general, under the Act, claims
for monetary damages may be filed against the State or a State employee
because of property damage or loss, or personal injury or death, caused
by the negligent or wrongful act or omission of a State employee acting
within the scope of employment. Certain claims are specifically excluded,
as provided by Iowa Code section 669.14.
- Under the Act, the State of Iowa must defend any employee of the
State, and, except in cases of willful and wanton acts, omissions, or
malfeasance in office, hold harmless and indemnify the employee against
any tort claim on account of damages allegedly caused by an act or omission
of the employee acting within the scope of the employee’s office
oremployment. For purposes of the Act, State employees include faculty,
staff, or other individuals acting on behalf of the University in a
permanent, temporary, or full- or part-time position, whether compensated
or uncompensated. The Act does not provide liability protection for
a contractor doing business with the University.
- The University of Northern Iowa, as a general practice, does not
purchase commercial liability insurance. The University generally relies
on statutory protection for claims against the University, its employees,
and its agents. The University may purchase liability insurance or participate
in self-insured liability pooling or other arrangements for motor vehicle
liability or other liability if required by statute, contract, or special
circumstance.
Procedures:
Tort liability claims are handled as provided in Chapter 669, Iowa Tort
Claims Act, by the State Attorney General’s Office, Special Litigation
Division. Under the provisions of a 28E Agreement with other state agencies,
the University has authority to investigate and resolve certain small
tort liability claims for settlements less than $4,000. A small tort liability
claim must be filed through the State before resolution at the University
level. The University department responsible for such a claim being filed
typically will be charged for any related settlement payment.
Claims should be referred to the Vice President for Administration and
Finance (VPAF) office. Similarly, in the event of a motor vehicle accident
while conducting University business, the accident must be reported to
the VPAF office (see UNI Motor Vehicle Usage policy).
Additional information or assistance:
Requests for certificates regarding liability insurance and self-insurance
programs, tort claim forms, insurance or other related liability or tort
claim information: Office of the Vice President for Administration and
Finance, or Operations Auditor.
Office of Operations Auditor approved, 12/99
President’s Cabinet approved, 3/00 |
