Can I be sued personally for something I do as part of my employment at the University?
Yes. Everyone is responsible for their own negligence or other wrong-doing that causes injury to another's person or property.
Can the State be sued for something I do as part of my employment at the University?
Yes.
If I'm sued for something arising out of my employment at the University, does the State protect me in any way?
Yes. The North Carolina Defense of State Employees Act provides that an employee may request legal representation by the Attorney General if he or she is sued for matters arising within the course and scope of University employment. If the Attorney General consents to representation, which is usually the case if you were acting within the scope and course of your employment, the State is responsible for the first $500,000 of any judgment and, unless covered by an exclusion, the Excess Liability Policy carried by the State at no charge to you would cover judgments up to an annual aggregate limit for the State of $50,000,000.00. If you receive a notice that you are named as an individual defendant, you must immediately contact the Legal Counsel Office.
Why would the Attorney General decide not to represent me if I am sued?
Under the North Carolina Defense of State Employees Act, the Attorney General could decline to represent you if he or she determines that:
- Your act or omission was not within the scope and course of your employment; or
- You acted or failed to act because of actual fraud, corruption, or actual malice; or
- The defense of the action or proceeding by the State would create a conflict of interest between the State and you; or
- The defense of the action or proceeding would not be in the best interests of the State.
Under certain circumstances, the University may reimburse you for the costs of outside counsel if the Attorney General declines representation.
Are students covered by the State?
As a general rule, a student will not be covered by the provisions for defense of state employees or by the state's liability insurance, unless, at the time of the incident, the student was acting either in the course and scope of his or her employment as an employee or as an agent of the University or in an authorized volunteer capacity as described below. Students who are being paid by the University for work which is of benefit to the University, either in an assistantship or in work-study, or some other regular employment capacity, will probably be treated as though they were state employees entitled to coverage. On the other hand, students who are doing student teaching, internships, practica, etc. for course credit, are not considered to be state employees and thus would not be covered for injuries they cause while performing in those educational activities. There are always exceptions to these rules, so please contact University Counsel if a question arises in this area.
Are volunteers covered by the State in any way?
Yes. In 1980, Governor Jim Hunt promulgated Executive Order No. 48 in which he declared it to be State policy to encourage volunteer work on behalf of state agencies. Part of that Order provides that volunteers enrolled in service to state agencies are recognized to be covered by the Tort Claims act and the Defense of State Employees Act. This means that the State accepts legal responsibility for the volunteer's actions and will agree to defend and indemnify the volunteer in the same manner as if the volunteer were an employee of the State of North Carolina. Thus, if a volunteer is sued for negligence which occurred "in the course and scope" of the volunteer's authorized activities, the Attorney General's Office may provide free legal defense to the volunteer. Further, any judgment rendered against the volunteer may be paid by the State, up to and including the limits of the Tort Claims Act. That limit is currently set by the Legislature at $500,000. In addition, the University System has purchased an excess liability policy for its employees as described above. That policy defines the term "Employees" to include volunteers of state agencies while acting under the direction of the agency and within the scope of their authority. Governor Hunt's Executive Order defines the term "Volunteer" to mean any person who provides goods or services to any state agency or his or her own free will and for no financial gain.
If someone who is not an employee is hurt on University property can he or she get reimbursed for medical expenses?
The University is not permitted to carry general liability insurance to cover this kind of circumstance. However, the University may be sued for negligence for an amount not to exceed $500,000.00. The procedure for filing such a suit is called the Tort Claims process. Please contact Steve Flury at flury@email.wcu.edu to obtain a claims form.
I have just received a subpoena requesting information for a court case. What should I do?
Sometimes offices or employees on campus will receive a subpoena requiring that the University produce certain information or witnesses for a court case either in North Carolina or in another state. If you receive such a request in a lawsuit, you should call University Counsel (7116) and then forward the request immediately to Richard Kucharski, 530 HFR Administration Building.