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Liability Avoidance for Extension Employees

Liability Avoidance for Extension Employees. Theodore A. (Ted) Feitshans, J.D. Department of Agricultural & Resource Economics N.C. State University (919) 515-5195 ted_feitshans@ncsu.edu. Introduction. Risk management Sources of liability Personal Organizational Extension issues.

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Liability Avoidance for Extension Employees

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  1. Liability Avoidance for Extension Employees Theodore A. (Ted) Feitshans, J.D. Department of Agricultural & Resource Economics N.C. State University (919) 515-5195 ted_feitshans@ncsu.edu

  2. Introduction • Risk management • Sources of liability • Personal • Organizational • Extension issues

  3. Risk Management • The risk management model • Risk Identification • Risk Evaluation • Risk Treatment • Selection and Implementation • Program Monitoring

  4. Sources of Individual & Organizational Liability • Statutory/Regulatory • Tort • Intellectual property/Proprietary rights • Contractual

  5. Consequences of Individual & Organizational Liability • Financial • Judgments • Defense costs • Legal fees & costs • Employee time • Loss of flexibility • Reputational

  6. Extension Issues • State Tort Claims Act, N.C.G.S. §143-291 • Defense Of State Employees Act, N.C.G.S. §143-300.3 • case based on acts or omissions committed in the scope and course of employment • conduct does not involve fraud, corruption, or malice • the Attorney General determines that defending does not create a conflict of interest with the State • the Attorney General does not determine that defending you is not in the best interest of the State.

  7. Extension Issues • Payment of judgments • $1 million from University unit • $ 5 million state excess liability policy • Personal insurance or assets • State Motor Vehicle Insurance • Up to $500,000

  8. Extension Issues • Steps to take in the event of an accident • Ensure the safety of all involved • Do not talk about it • Make notes; preserve documents and evidence (NEVER destroy evidence) • Notify your supervisor and the NC State University Office of Insurance and Risk Management • Notify Office of Legal Affairs if lawsuit likely or attorney involved • Notify personal insurers

  9. Extension Issues • Subpoenas • Notify supervisor and the Office of Legal Affairs • Forms: http://www.ncsu.edu/legal/legal_topics/subpoenas.php

  10. Extension Issues • Public records • http://www.ah.dcr.state.nc.us/records/ • Open meetings law • Certain records exempt • Trade secrets • Student records http://www.ncsu.edu/legal/legal_topics/public_records.php

  11. Extension Issues • Mandatory reporting • Certain animal waste violations • Child abuse or neglect to the Director of Social Services

  12. Extension Issues • Private business information • Lists of names and addresses • Misuse of state property • Conflict of interest • Political activity • Outside employment/consulting • Contracting authority http://www.ncsu.edu/legal/legal_topics/contracts_purch/ • Export controls

  13. Resources • Office of Legal Affairs http://www.ncsu.edu/legal/legal_topics/index.php • Office of Insurance and Risk Management http://www2.acs.ncsu.edu/insurance/ • Conflicts/consulting http://www.ncsu.edu/sparcs/coi/ • Sponsored Programs and Regulatory Compliance http://www.ncsu.edu/sparcs/

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