Procedures for Handling Claims or Lawsuits

Scope

This policy applies to all employees.

Procedures

  1. Upon first notice of an informal or formal claim or lawsuit, the supervisor must immediately notify the the Office of Legal Affairs and the appropriate Dean, Director or Vice President.

    Examples: Contact from an attorney; receipt of Summons & Complaint; or receipt of an employee-based complaint filed with an external agency such as OSHA, EEOC, EPA, NYS Division of Human Rights.

  2. In the case of service of a lawsuit (Summons & Complaint) or other legal document, only the Office of Legal Affairs is authorized to accept service on behalf of RIT. Please send all process servers to the Office of Legal Affairs (USC 3210).
  3. You will be informed of the planned course of action by the Office of Legal Affairs (or Director of Human Resources in an employment-based claim).
  4. The university will coordinate and be responsible for any investigative or defense costs associated with the claim/lawsuit. If the investigative process finds willful negligence/misconduct, violation of university policies, conduct beyond the scope of an employee's authority and/or illegal activity on the part of an employee:
    1. further investigative and defense costs will become that employee's personal responsibility; and
    2. the employee may be required to reimburse the university for legal fees already incurred

Coordination of litigation activity and choice of counsel to be paid for by the university rests with the university's Office of Legal Affairs.

Policy History

Revised September 2010