THE UNIVERSITY OF MEMPHIS OPERATING PROCEDURES
SUBJECT: Claims Against The University of Memphis
PROCEDURE NO.: 2A:12:03B DATE: October 15, 1996
SUPERSEDES PROCEDURE NO.: 2A:12:03B DATED: November 15, 1990
General
The University of Memphis is an agency of the State and, as such,
is bound by State laws governing claims for injuries or damages
caused by the acts or omissions of state employees. The Tennessee
Claims Commission has been established by Tennessee Code Annotated
9, Chapter 8, Part 3, to determine all monetary claims against the
State of Tennessee.
In addition, the Division of Claims Administration was established
by Tennessee Code Annotated Title 9, Chapter 8, Part 4, to initially
receive and handle claims. The Division must investigate and make
every effort to act upon a claim within ninety (90) days of receipt
of the claim. Please note that a claim is barred unless notice is
given to the Division within one (1) year of the occurrence from
which the claim arises.
Volunteers
Persons designated and properly registered by the University as a
participant in a volunteer program are considered a "state
employee" for purposes of Claims Commission coverage. Individuals
may be registered by completing the proper forms (Exhibits A and B)
and sending it to the Office of Legal Counsel, Administration Building,
Room 201, telephone extension 2155, for forwarding to the Board of
Claims.
Filing Claims
Individuals desiring to file claims against the University must
file their claim directly with the Tennessee Claims Commission
and Division of Claims Administration. Instructions, acceptable
claim form, address and telephone number of the agencies may be
obtained by contacting the Office of the Legal Counsel.
Interested individuals are referred to Tennessee Code Annotated
Title 9, Chapter 8, Parts 3 and 4 for a more complete delineation
of statutes relevant to the Tennessee Claims Commission and
Division of Claims Administration. Rules of the Tennessee Claims
Commission may be found in the official compilation, Rules and
Regulations of the State of Tennessee. Both documents may be
found in the Reference Room of the University Library.
CLAIMS DIRECTLY AGAINST EMPLOYEES
When a civil action is commenced in any court against a
University employee for any act done by the employee in the
course of the employee's assigned official duty, and while acting
under apparent lawful authority or orders, or for an alleged act
or omission by the employee within apparent scope of the employee's
employment, except for wilful, malicious or criminal acts or
omissions or for acts or omissions done for personal gain, said
civil action should immediately be reported to the Office of
Legal Counsel.
In case of the aforesaid civil action, the Tennessee Attorney
General, under T.C.A. Section 8-42-103 has the discretion to
provide representation to the employee. Such representation may
be provided by:
(1) The Attorney General and Reporter assistants;
(2) Attorneys appointed by the Attorney General and Reporter; or
(3) Payment of reasonable compensation of counsel approved by
the Attorney General and Reporter.
Further, in the event of final judgement in a civil lawsuit
against the employee in a court of competent jurisdiction based
upon the above aforesaid civil action, the Tennessee Board of
Claims under T.C.A. Section 9-8-112 is authorized to reimburse
the employee for actual damages and costs, including attorneys
fees, up to the same limits as the Tennessee Claims Commission
is authorized to pay on claims against the State.
Payments may be denied if the employee or their counsel have not
made reasonable efforts to defend or if the employee's actions
were grossly negligent, willful, malicious, criminal or done for
personal gain. Further, any judgement covered by liability
insurance will not be paid and settlements or compromises of
litigation reached out of court may be disallowed if the Board of
Claims determines that the terms of the proposed settlement have
no relationship to the employee's liability and the injury or
damage caused.
In order for any payment to be made as provided above, the
employee must have exercised his/her right to retain counsel in
accordance with the provisions of Tennessee Code Annotated Title
8, Chapter 42 to defend him/her in the action filed or must be
represented by the Attorney General and Reporter. No payment
shall be made unless the employee shall notify, in writing, the
Attorney General of the existence of such action ten (10) days
after process is served personally on him/her. This requirement
shall be met by an employee's timely filing a request for the
employment of counsel with the defense counsel commission and
shall not be required where process has been served on the
Attorney General.
EXHIBIT A
BOARD OF CLAIMS
VOLUNTEER REGISTRATION
____________________________ ________________________________
Volunteer's Name Social Security #
1. Department/Activity:
2. Name and phone number of department official who coordinates
volunteer activities:
3. Name of Volunteer Program:
4. Purpose of Program:
5. Activities engaged in by volunteers:
6. Term of volunteer:
Note: This form should be attached to the Statement of Understanding/
Agreement signed by the volunteer.
EXHIBIT B
STATEMENT OF UNDERSTANDING/AGREEMENT
BETWEEN
THE UNIVERSITY OF MEMPHIS
AND
______________________________________
Volunteer's Name
1. The volunteer understands that (T.C.A. 9-8-307(h) 8-42-101(a)(3)
extends certain protections to individuals who are participants
in volunteer programs which are operated under the authorization
of a state agency or department. For actions taken in the course
of performing volunteer services, which are neither willful,
malicious or criminal, or acts or omissions done for personal
gain, an authorized volunteer is immune from suit in the same
manner as state employees. Persons injured by the actions of a
volunteer are able to file a claim directly against the state.
2. The volunteer acknowledges that the University shall have no
liability for personal injury or property damage which may be
suffered by the volunteer, unless such injury or damage directly
results from the negligent act or omissions of state employees
or authorized volunteers. Any and all negligence claims shall
be expressly limited to claims approved by the Claims Commission.
3. The volunteer acknowledges that he/she may not operate automotive
or other state owned equipment of the University without specific
written authorization of the president of the University, OR HIS
DESIGNEE.
4. The volunteer understands that he/she is not to be considered an
employee, agent or independent contractor employed by the
University for any purpose. The volunteer acknowledges that he/
she will neither accept nor claim entitlement to any salary or
benefits of employment, including but not limited to insurance,
retirement benefits, worker's compensation, travel expenses, or
any other form of compensation of any kind.
5. The volunteer understands that he/she has no actual authority to
bind or represent the University with regard to any third parties.
Moreover, the volunteer agrees to avoid giving the impression of
having apparent authority to bind or represent the University with
regard to third parties. Accordingly, the volunteer may not sign
or enter into any agreements or contracts on behalf of the
University.
6. The volunteer and the University agree that no person shall be
subjected to discrimination on the basis of race, color, religion,
sex, age, disability or national origin in the execution or
performance of this agreement.
7. The University of Memphis, the Tennessee Board of Regents, the State
of Tennessee and their respective employees shall have no liability
unless specifically provided for in this Agreement.
8. This agreement may be terminated at any time upon written notice of
the volunteer of the University.
ACKNOWLEDGEMENT
I, _____________________(name of volunteer), SSN:___-__-____, have read
and understand the above statement/agreement and agree to abide by its
terms and conditions while I am participating in volunteer activities
as specified in Exhibit A on the reverse hereof at The University of
Memphis. This agreement is effective from ________(date) through
________(date).
Signature of Volunteer:______________________ Date:________________
Recommendation of Approval of Statement of Understanding/Agreement:
------------------------------------------------------------------
Admin. Supervisor of Volunteer:______________ Date:________________
Approval of Statement of Understanding/Agreement by University:
--------------------------------------------------------------
_____________________________________ Date:________________
Copies to: Office of Human Resources