University System of New Hampshire

E. Defense and Indemnification of Trustees, Officers, and Employees

(Note: OLPM sections on this page may be cited following the format of, for example, "BOT.III.E.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


E. Defense and Indemnification of Trustees, Officers, and Employees

  1. In General
    1. Any trustee, officer, or employee of the University System or any of its component institutions shall be entitled to defense and indemnification of legal claims made against them in their individual capacity provided the claims arose as a result of actions which were both (a) within the scope of the individual's official duties, and (b) neither wanton nor reckless.
  2. Determination of Eligibility
    1. The Chancellor, in consultation with the General Counsel, shall determine whether an officer or employee sued in his or her individual capacity shall be entitled to defense and indemnification under the standard set forth in subsection 1.1 of this policy.
    2. The Board of Trustees' Chair and Liaison to the General Counsel, in consultation with the General Counsel, shall determine whether the Chancellor or a member of the Board of Trustees sued in his or her individual capacity shall be entitled to defense and indemnification under this policy.
    3. Any trustee, officer, or employee may appeal to the Board of Trustees a decision denying him or her defense and indemnification under this policy. The Board of Trustees' decision shall be final.