Dec 05, 2021  
DMACC Policies and Procedures 
    
DMACC Policies and Procedures
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MC309 - Indemnification


Policy

Section: Management of the College

Indemnitees include Board members, Board officers, Board advisory committee members, College employees, and College agents.

To the fullest extent of the law, the College shall indemnify and hold harmless indemnitees against liabilities, tort claims, demands, and expenses including attorney fees, judgments, penalties, fines, settlements, and other reasonable expenses incurred from alleged acts or omissions occurring within the scope of their employment or duties.

Indemnitees shall also be entitled to have the College pay to them directly, expenses reasonably incurred in defending proceedings against them, or any similar proceeding in advance of final resolutions.

Any independent College entity having authority to pay funds for particular functions without Board approval shall similarly defend, save harmless and indemnify its indemnitees.

Indemnification shall not apply to acts or omissions the College deems willful and wanton, or judgments, penalties, fines, settlements, attorney fees, and other expenses arising from any proceeding where indemnitees are judged liable to the College.

To determine indemnification entitlement, an act or omission must have occurred within the scope of employment or duties if they are of the same general nature as conduct implicitly or explicitly authorized by the College or in any way incidental to such conduct. The scope of employment or duties shall cover activities directly or indirectly fulfilling the College’s interests.

Indemnitees’ rights shall include indemnification entitlement with respect to punitive damages to the extent the College has purchased insurance for this purpose. The Board shall determine whether the College shall indemnify any other College employees or agents regarding punitive damages.

Adopted: December 8, 1987
Reviewed: 1992, 1997, 2000, 2005, 2010, 2011, 2019

Revised:
November 24, 1992; July 14, 1997; January 10, 2000; February 8, 2010, October 10, 2011; September 14, 2020



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