Chapter IV Contents: [ IV.1 Orientation of New Staff ] [ IV.2 Employee Benefits: Overview ] [ IV.3 When a Staff Member Retires ] [ IV.4 Joint Governance Appointments ] [ IV.5 Awards and Honors for Faculty and Staff ] [ IV.6 Faculty and Staff Liability ] [ IV.7 Review of Tenured Faculty ] [ IV.8 Reporting Outside Interests & Activities ] [ IV.9 Overloads and Summer Appointments ] [ IV.10 Sexual Harassment Policies & Procedures ] [ IV.11 Nepotism, Conflict of Interest ] [ IV.12 Vacation Policy ] [ IV.13 Sick Leave Policy ] [ IV.14 Leave of Absence, Temporary Assignment ] [ IV.15 Extensions of the Tenure Clock ] [ IV.16 Absences from Madison ] [ IV.17 Disability Accommodation ] [ IV.18 Personnel Records: Content & Preservation ] [ IV.19 Tuition Reimbursement ] [ IV.20 Faculty Personnel Committee ] [ IV.21 UW-Madison Domestic Partnership Policy ] [ IV.22 Inclement Weather Guidelines ] [ IV.23 Telecommuting Policy ]

The State of Wisconsin has recognized that the threat of suit and possible personal financial liability should not be allowed to deter state employees, including University faculty, from performing their jobs using their best professional judgement in good faith, even if it means that they may be sued for doing so. A statutory program of protection has therefore been in place for a number of years. Under sec. 165.25(6), Wis. Stats., the Attorney General appears and defends, at the request of the Board of Regents, any action brought against a state employee where the action is brought on "account of or growing out of or committed in the lawful course of . . . [the] . . . employee's . . . duties." All expenses of defense are paid by the state. Under sec. 895.46(1)(a), Wis. Stats., damages and costs awarded against an employee in such an action which exceed any other applicable insurance are paid by the state. Normally, there would be no applicable insurance, since most faculty do not carry professional liability insurance and the personal liability provisions of most homeowner's policies do not cover employment-related liability; thus, in such an instance, all damages and costs would be paid by the state. Damages and costs where allowed are paid from a statutorily-established state self-insurance fund into which the University pays premiums with excess coverage beyond certain limits through the private sector. (The authority for the state risk program, appropriations, and procedure for filing claims against state employees are found in secs. 16.865, 20.865 and 893.82, Stats.)

In short..., it can be said that faculty who are sued because of actions they have taken or decisions they have made in the course of performing their University responsibilities, including participation in a disciplinary proceeding, need not fear personal financial liability either for the costs of defense, including attorneys, or for any damages or costs which may be awarded.

When a faculty member is served with a summons and complaint, it should be promptly delivered either to my office or the Chancellor's office for formal referral to the Secretary of the Board of Regents who will forward it with a request for representation to the Attorney General's office.

NC August 2006