ST. LOUIS BOARD OF EDUCATION POLICY
PERSONNEL
SECURITY OF PERSONNEL
Protection of Employees Against Liability Claims
A. GENERAL CONSIDERATION

The board may defend its employees against lawsuits filed against them individually for personal injuries or property damage resulting from their employment duties with the Board of Education subject to the restrictions in paragraph C and its subparts and other board bylaws, policies or regulations. In such lawsuits, the board may also satisfy money judgments entered against its employees to the extent of $1,000,000 per occurrence, secondary to any insurance coverage which the employee may carry individually or through the employee's applicable bargaining unit.

This policy applies to employees named in their individual capacities as defendants in lawsuits. By adopting this policy, the Board of Education does not waive the defense of sovereign immunity to tort claims brought against the Board of Education (or the St. Louis School District) as a public entity or against its employees in their official capacities beyond the express waiver contained in Section 537.600, RSMo. Nothing herein shall be construed as a waiver under Section 537.610, RSMo., of the board's right to assert sovereign immunity as a defense to civil action.

This policy is not, nor is it intended to be construed as insurance coverage.

Protection of Employees Against Liability Claims (continued) P4770

B. ACTIVITIES COVERED

Subject to the restrictions in paragraph C and its subparts, the foregoing protection extends to activities within the scope of employment of board employees. The protection is not limited to incidents occurring on school grounds. It extends to incidents occurring on field trips and related school sponsored activities conducted off school property, including claims arising out of an employee's authorized use of his/her personal automobile in connection with such related school sponsored activities. Protection will be provided to authorized volunteer workers on the same terms as regular board employees.

C. RESTRICTIONS TO COVERAGE

The protection provided is subject to the following restrictions:

1. Defense of self or others - Protection may be provided where an employee inflicts injury upon another in the course of defending himself/herself or another from harm. The board may deny protection to an employee who is the aggressor in an altercation with another.

2. Complying With Board Rules - The board will deny protection to any employee who causes bodily injury or property damage as a direct result of the employee's violation of a board bylaw, policy or regulation, or of an administrative order or directive, whether verbal or written. A finding by the board that an employee has violated a board bylaw, policy or regulation or a verbal or written administrative order or directive will be deemed conclusive. No protection will be afforded to an employee for injuries caused by such employee while under the influence of intoxicants, narcotics or any controlled substance.

Protection of Employees Against Liability Claims (continued) P4770

3. Criminal Charges - No protection will be provided to an employee in connection with criminal charges against the employee. Such employee must bear his/her own defense costs, and pay any fine that is levied against such employee by a court.

4. Compliance With Board Regulation - The board may deny protection to an employee who fails or refuses to comply with the procedures set forth in paragraph D below.

D. PROCEDURE

The board employs an independent adjusting firm to process claims made against the board and board employees. If protection is provided under these bylaws, policies and regulations, the adjusting firm will investigate the claim and may attempt to settle the claim for whatever amount is deemed appropriate, subject to final approval by the board or the superintendent of schools or his representative when the amount of the settlement does not exceed $2,000.00 and by the Board of Education when it exceeds $2,000.00.

The employee shall give the board written notice of the fact that a claim is being made against him as soon as practicable. If a suit is brought against the employee, the employee shall immediately forward the summons or other papers to the board. The employee shall cooperate with the board and, at the board's request, assist in making settlements, in the conduct of suits, and the employee shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The employee shall not, except at his/her own cost, voluntarily make any payment, assume any obligation, or incur any expense other than for first aid of others at the time of accident.

Protection of Employees Against Liability Claims (continued) P4770

The Board of Education or the superintendent of schools shall be responsible for making decisions as to whether employees are covered under these regulations. The superintendent or his representative can authorize settlement not exceeding $2,000.00. Settlements in excess of $2,000.00 shall be approved by the Board of Education.

The board reserves the right to change the terms and limits of the protection provided at any time.

References

Legal: Sections 537.600 and 537.610, RSMo.

Policy adopted: June 12, 1990

Revised: December 8, 1998