LOS ANGELES COMMUNITY COLLEGES
ADMINISTRATIVE REGULATION C-11
TOPIC: Claims and Legal Actions
1.
All claims, lawsuits or actions filed with administrative agencies against
the District for damages sustained by a student, employee or the
public shall be reported to the Board of Trustees and administered by
the District’s Office of General Counsel (“OGC”), the Business Services
Division Risk Management Department (“RMD”), the Office of
Employer-Employee Relations (“EER”), or the Facilities Planning and
Development Division (“FPD”). This procedure shall not apply to
grievances or complaints filed pursuant to the collective bargaining
agreements, student grievance processes, initial allegations of
discrimination, or unemployment insurance claims.
2.
Pursuant to Board Rule 4005, the OGC is the designated place for
acceptance of service of process by third parties. The OGC may then
refer matters to other departments for handling. The RMD is the
designated place for acceptance, supervision and handling of Worker’s
Compensation claims.
3.
The OGC will determine the appropriate office for supervision. The
RMD will generally be referred personal injury matters by third parties.
The OGC will generally retain matters which may be disposed of on the
basis of the pleadings, matters involving significant exposure and
matters which involve policy matters. The EER will generally be
assigned charges before the Public Employment Relations Board. The
FPD will handle matters related to construction and real property
development.
4.
The OGC will send a copy of all claims, lawsuits or actions filed with
administrative agencies to the RMD.
5.
RMD will report all claims to the District’s third party administrator
(TPA), except for matters supervised by the FPD. The FPD will be
responsible for notifying the appropriate risk manager and carrier(s)
for its assigned matters.
6.
The TPA will review all claims supervised by the RMD and submit
recommendations to the RMD to accept or reject the claim.
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7.
The TPA will determine if immediate notification is necessary to the
District’s insurance carrier.
8.
The TPA will report claims and status reports to the insurance carrier.
The supervising office will have the responsibility to provide periodic
status reports to the TPA for this purpose.
9.
If the claim is to be assigned to an outside attorney, the OGC or the
FPD will handle the bid process and will notify the Board of Trustees
and the RMD. The RMD will notify the TPA of the attorney awarded the
assignment.
10.
For matters supervised by the RMD, the TPA will establish
communication with the attorney and forward to the attorney a copy of
the claim file.
11.
The TPA will be provided a copy of the attorney’s approved budget by
the assigning office.
12.
The attorney will provide regular status reports of the claim to the
supervising office.
13.
OGC will oversee the litigation of the claims managed by OGC,
including reporting to administrative clients, reports to the Board of
Trustees and the direction of counsel. For matters supervised by the
RMD, the TPA will provide approval to the attorneys on all expenses,
such as doctor’s appointments, investigations. For matters supervised
by the RMD, the TPA will review the attorney’s bills and process
payment accordingly. The OGC will provide reports to the TPA
regarding fees and costs paid, settlements, judgments and reserves.
Original Issue Date: February 2, 2007
Initiated by: Office of General Counsel
Dates of Changes: March 16, 2015
References: Board Rule Chapter IV.
The Los Angeles Community College District does not discriminate on the basis of
disability in the admissions or access to, or treatment of or employment in, its
programs or activities. Requests for alternate formats can be made by contacting
the ADA Compliance Administrator, Mardy Kuntzelman, 770 Wilshire Boulevard, Los
Angeles, CA 90017, (213) 891-2213 voice, (213)891-2408 TTY, (213) 891-2295
fax, kuntzeme@email.laccd.edu.
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