Provost

5.5 Legal Protection for Faculty

Faculty members and UHV employees may be named as defendants in a lawsuit or otherwise involved in legal proceedings related to their UHV employment. To encourage state employees and officers to perform their duties without fear of liability, the State has enacted certain laws to safeguard state employees and officers from lawsuits brought against them in their official capacities. However, these laws do not prevent the filing of lawsuits.

When UHV faculty members are sued because of acts taken in the course and scope of employment, the State provides legal representation. Any faculty member served with a summons and lawsuit shall immediately contact the Office of General Counsel. The Office of General Counsel will advise them and in turn request representation for that faculty member through the Texas Attorney General's Office. Faculty members can choose to hire their own attorneys at their own cost.

While acting in the course and scope of employment, UHV employees generally are covered by the Official Indemnity Act, Tex. Civ. Prac. & Rem. Code § 104.001 et seq., which grants a limited indemnification to state employees and officers for acts of alleged negligence or deprivation of rights. Any judgment up to the statutory limits of $100,000 per person or $300,000 per occurrence entered against faculty members in their individual capacity for acts or omissions in the course and scope of employment will be paid by the State, unless a specific finding of bad faith or gross negligence is entered.