EMPLOYEE TORT LIABILITY

AS-2202-94/Floor, (CSU Fullerton Delegation) - March 10-11, 1994

WHEREAS, Reasonable protection against judgments or settlements that may arise from the termination of lawsuits brought against employees of the California State University for actions taken within the scope of their employment is essential to the proper functioning of the institution; and

WHEREAS, Observers of the nature and flow of such litigation report that suits brought against employees of institutions of higher education appear to be more frequent and appear to be more tactically ingenious than in the past, making protection against liability more urgent than may have been true in the past; and

WHEREAS, Reasonable means of shielding employees against findings of liability for actions taken within the scope of employment appear to include the purchase of insurance by the Trustees on behalf of employees, the use of non-state monies to pay any such judgments or settlements, and changes to state law that would permit the Trustees to commit state funds to pay exemplary or punitive damages; and

WHEREAS, The Board of Trustees has sought legislation, such as AB 2678 (Snyder): Governmental Tort Liability as introduced February 7, 1994, which would permit the Trustees to pay exemplary damages awarded against an employee or former employee for injuries caused within the scope of his or her employment; therefore be it

RESOLVED: That the Academic Senate of the California State University urge that the Trustees continue as quickly as possible to define ways to provide reasonable protection against judgments or settlements that may arise from the termination of lawsuits brought against employees for actions taken within the scope of their employment; and be it further

RESOLVED: That the Academic Senate CSU endorse AB 2678 (Snyder): Governmental Tort Liability as introduced February 7, 1994.

APPROVED UNANIMOUSLY -- March 11, 1994



 
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