Indemnification of Employees

Policy ID

032-0026

Effective Date

Sunday, December 31, 2006

Last Revised

Thursday, March 31, 2022

Division

Finance & Administration

Office of Primary Responsibility

Office of Human Resources (HR)

Summary of Policy

Lays out the criteria in which Dartmouth will indemnify an employee against liability and associated costs. 

Affected Parties

All Groups

Policy Statement

Applies to: All employees 

Dartmouth will indemnify an employee against liability and associated costs if the conduct that is the subject of the claim or action occurred within the scope of the employee's duties and the employee was acting in good faith, without criminal or other misconduct, and with the reasonable belief that their action was in the best interests of Dartmouth. Ordinarily, indemnification will not be available if the claim against the employee involves work paid for by someone other than Dartmouth. 

Indemnification is conditioned on the employee's compliance with the conditions set forth in Item 5 ("Procedure") below. 

Covered expenses include defense costs and the payment of judgments, fines, penalties, settlements, and other expenses an employee would reasonably incur in connection with the defense of the claim or action.  

Procedure: 

The decision whether to provide indemnification will be made by the Office of General Counsel or the Board of Trustees upon recommendation of the Office of General Counsel. 

As a condition of receiving indemnification, an employee must: 

  1. Give prompt (preferably on the same day), written notification of a claim or action to the Office of the General Counsel, following the guidance noted on the "Summonses, Subpoenas, Legal Notices, and Contacts from Attorneys" section of the Office of the General Counsel's website
  2. Permit the College to select legal counsel to defend the claim or action. 
  3. Cooperate with the College and its designated legal counsel in the defense of the claim or action. 
  4. Refrain from making any public statements, oral or written, regarding the claim or action without the prior written permission of the Office of the General Counsel; and 
  5. Refrain from entering into any settlement or compromise of the claim or action without the prior written approval of the Office of the General Counsel. 

Documentation: 

Employees should promptly (preferably the same day), notify the Office of the General Counsel, in writing, of any claim or action.  The Office of the General Counsel will advise the employee, in writing, of its decision regarding the request for indemnification.