Claims
Against the University UPPS No. 01.04.01
Issue
No. 5
Effective
Date: 10/14/2008
Review:
August 1 E4Y
01. POLICY
STATEMENT
01.01 This
UPPS describes the University’s policy
regarding the payment of claims against the University. It also explains the
procedure for filing a claim against the University.
02. STATUTORY
AUTHORITY
02.01 The
Texas Tort Claims Act (Civil Practice and Remedies Code, Chapter 101) provides
that the state may be liable for property damage, personal injury, or death
when caused by the negligence or wrongful act or omission of any state employee
acting within the scope of his or her employment arising from the operation of
a motor vehicle or motor-driven equipment or from a condition or use of
tangible property.
a. The
State's liability under this Act is limited to $250,000.00 per person and
$500,000.00 for any single occurrence for bodily injury or death, and
$100,000.00 for any single occurrence for injury to or destruction of property.
b. Except
when there is actual notice on the part of the University or its agents or
employees that death has occurred or that the claimant has received some injury
or that property of the claimant has been damaged, any person making a claim
under the Tort Claims Act must give notice to the University within six months
from the date of the incident.
02.02 Section
104.001 of the Civil Practice and Remedies Code provides that the State of
Texas is liable for and will pay damages, court costs, and attorney fees
adjudged against state employees where the damages are based on an act or
omission by the employee in the course of his or her employment with the State.
03. OPERATING
PROCEDURES
03.01 University
faculty members and staff employees often supervise students and other
employees who engage in potentially dangerous activities or use potentially
dangerous equipment. In such instances, such supervisors must give instruction
and training in proper safety procedures to be
followed.
03.02 In
such instances, faculty members and employees are encouraged to have each
person who will participate in an unusually hazardous activity or use unusually
dangerous equipment sign a release, relieving the University and its employees
from liability. Employees should consult the University
Attorney for preparation of these releases. Some of the activities for which
releases are suggested are: foreign travel
sponsored by the University, field trips, and other potentially hazardous
activities.
03.03 No
University faculty member, administrator or other employee, other than the
President of the University, has authority to make an admission of liability or
bind the University to any settlement when another person suffers injury to his
or her person or damage to his or her property.
03.04 Persons
with knowledge of injuries to persons or damages
to property that might result in University liability should report to the
University Attorney, who will convey such information to the Director of Human
Resources, the appropriate vice president, the safety officer, and through the
Vice President for Finance and Support Services, to the President of the
University.
03.05 Since
University employees are eligible for Worker's Compensation, (whether or not
loss of work time or medical expenses are involved) persons with knowledge should report all work related injuries to the
appropriate administrative head. Specific details are covered in UPPS No.
04.04.43, Workers’ Compensation Injuries, Illnesses, and Claims.
04. PROCEDURES
FOR FILING A CLAIM FOR MONETARY DAMAGES AGAINST THE UNIVERSITY
04.01 One
who seeks monetary damages against the University should take the following
steps, in sequence, to present that claim for payment:
a. The
claimant must contact the University Attorney's office and secure a claim form.
This form is located in the University Attorney’s Office.
b. The
claimant should complete the form and attach sufficient documents to support
the amount of and the justification for this claim. Examples of supporting
documents are written estimates of damages to property made by qualified
experts, medical bills, police reports, and statements of witnesses describing
the incident giving rise to the claim.
The claimant should return the form to the University Attorney.
c. The
University Attorney will investigate the claim and recommend to the Vice
President for Finance and Support Services whether the University should pay
the claim. The Vice President will notify the University Attorney of his or her
decision as to whether to pay or reject the claim. The University Attorney will
notify the claimant of the University's decision.
d. The
University Attorney will notify the claimant if additional documentation or
inspection of damages is required. Additionally, the University may require
that damaged property be surrendered to the University at the time the claim is
paid.
04.02 If
the University determines that the claim is valid, the University may pay from local sources, ordinarily, from the account most
directly linked with the activity that caused the claim.
04.03 The
University requires that the claimant sign a release prepared or approved by
the University Attorney if the claim is paid.
05. REVIEWERS
OF THIS UPPS
05.01 Reviewers
of this UPPS include the following:
Position Date
University Attorney August
1 E4Y
Vice President for Finance and August
1 E4Y
Support Services
06. CERTIFICATION
STATEMENT
This UPPS has
been approved by the following individuals in their official capacities and
represents Texas State policy and procedure from the date of this document
until superseded.
University
Attorney; senior reviewer of this UPPS
Special
Assistant to the President
President