EL PASO COUNTY COMMUNITY COLLEGE DISTRICT
BOARD POLICY
3.32.10
DISTRICT'S LIABILITY FOR AND DEFENSE OF CLAIMS BASED ON CERTAIN
CONDUCT OF DISTRICT OFFICERS AND EMPLOYEES
A.
The El Paso County Community College District is liable for and shall pay actual damages, court costs, and attorney's
fees adjudged against trustees, officers or employees of the District; against a former trustee, officer or employee of
the District who was a trustee, officer or employee when the act or omission on which the damages occurred; or
against the estate of such a person where damages are based on an act or omission by the person in the course and
scope of his/her office, contractual performance, or employment for the District and:
1.
The damages arise out of a cause of action for negligence, except a willful or wrongful act or an act of gross
negligence; or.
2.
The damages arise out of a cause of action for deprivation of a right, privilege, or immunity secured by the
constitution or laws of this state or the United States, except when the court in its judgment or the jury in its
verdict finds that the trustee, officer, contractor, or employee acted in bad faith.
B.
This Policy shall not be construed as a waiver of any defense, immunity, or jurisdictional bar available to the District
or its trustees, officers, contractors or employees. The District is not liable under this Policy to the extent that damages
are recoverable under a contract of insurance or under a plan of self insurance authorized by a statute.
C.
This Policy applies to judgments in all cases filed on or after the effective date of this Policy and to all judgments in
cases pending, on appeal, or final on the effective date of this Policy.
D.
The attorney for the District, or an attorney engaged by the District for this purpose, shall defend a present or former
trustee, officer, contractor, or employee or his/her estate in a cause of action covered by this Policy. The District is
not liable for the defense of an action or for damages, court costs, or attorney's fees unless either the attorney for the
District has been served in the case and the District has been given an opportunity to defend the suit, or the trustee,
officer, contractor or employee, former officer, contractor, or employee, or estate against whom the action is brought
has delivered to the attorney for the District all process served on him/her or it not later than ten (10) days after the
service.
Adopted: Dec. 27, 1984 Amended: Aug. 31, 1987
Year of Last Review: 2015
Non-substantive Revision: May 8, 2015
Designated Contact: Associate Vice President of Employee Relations
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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