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In the fall of 1976, the Board of Regents revised its Bylaws to reflect the then-current crisis in insurance coverage for higher educational institutions. Article IV. of the Board of Regents’ Bylaws stated the Board’s commitment to appropriate representation of its employees in situations involving litigation.
, below, states the Board’s commitment to the appropriate representation of its employees in situations involving litigation. Article IV. states as follows:
“The Board of Regents hereby adopts in its entirety for the benefit of all Regents, officers (past, present and future), administrators, faculty, and staff and designated volunteers, and their heirs, executors and administrators (hereinafter, the “Class”), Kentucky Revised Statute 271B.8-500, et. seq. and its amendments or replacements, on the indemnification of the Class as if the terms of said statute were herein specifically set out. It is the purpose of this By-law to provide that any member of the Class be afforded a legal defense and indemnification for any acts or actions taken in good faith and within the scope of his/her official duties while on official business of the University.
In the absence of commercial insurance coverage secured by the University, the Class shall be indemnified and held harmless from and against all civil liabilities, including judgments, decrees, fines, penalties, expenses, fees, amounts paid in settlement or any other costs, losses (including but not limited to attorney’s fees and court costs) not otherwise covered by the insurance coverage maintained by the University and arising or resulting from or in connection or association with, any threatened, pending or completed action, suit or proceeding (whether civil, administrative, investigatory or otherwise) and any appeals related thereto, under which said indemnified persons are parties or participants because of their actions or omissions performed in good faith and in any capacity during the course and in the scope of their employment on behalf of the University, whether incurred before or after the adoption of these Bylaws, unless they are finally adjudicated to be liable for willful, wanton or malicious conduct or criminal conduct as defined by law or regulation of any state or national government. Indemnification must conform with state and federal statutes and regulations.
All requests for indemnification must be submitted in writing to the University Legal Counsel. This must occur within five (5) calendar days of the receipt of any court documents related to a claim against a member of the Class, or within thirty (30) calendar days of actual notice, verbal or written, of any assertion of a claim against a member of the Class.
The administration is authorized to promulgate procedures that conform with this indemnification and defense policy.”
