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8.17 Employee Indemnification Policy
This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail.
Approving Authority: President
Original Approval Date: October 11, 2023
Date of Most Recent Review/Revision: August 12, 2024 (housekeeping)
Office of Accountability: Chief Human Resources and Equity Officer
Administrative Responsibility: Human Resources
1.00 Purpose
1.01 The Board By-Laws No. 2 outlines the indemnification of members of the Board of Governors, officers and Employees of the University. The purpose of this policy is to further outline the indemnification of Covered Special Constable Service (SCS) Employees in the context of criminal or civil legal proceedings or investigations.
2.00 Definitions
2.01 Special Constable Service or SCS: The 51本色 Special Constable Service.
2.02 Covered SCS Employee(s): Sworn officers at the level of special constable, sergeant, and above, management level Employees within SCS, and any SCS security guards or communications operators who are assisting sworn officers with community facing policing work as part of their role. Covered SCS Employee(s) excludes any third-party contract security.
2.03 Necessary and reasonable legal costs: Those costs based on the account rendered by the lawyer performing the work, subject to the approval of the University General Counsel and, in the case of dispute between the lawyer doing the work and the University General Counsel, assessment of the account pursuant to the rules of civil procedure of Ontario.
2.04 Formally investigated: Formal investigation of a Covered SCS Employee by the police service of jurisdiction or other accredited law enforcement agency (i.e., Special Investigations Unit, Office of the Independent Review Directorate, or other third-party firm hired to conduct such an investigation of a member of the Special Constable Service).
2.05 Formally charged: The laying of information before the courts, human rights tribunal, or other judicial process in which a Covered SCS Employee is deemed to have been charged relating to their duties and responsibilities as an Employee of the University.
2.06 Employee: A person who performs work for wages in any capacity for the University.
3.00 Jurisdiction/Scope
3.01 This Policy applies to Covered SCS Employees.
3.02 Nothing in this Policy is intended to amend or supersede any grievance procedure or other aspect of any applicable collective agreement or employment contract, as the case may be.
4.00 Policy
4.01 Subject to the provisions of this Policy, the University shall reimburse a Covered SCS Employee for necessary and reasonable legal costs incurred by the Covered SCS Employee in the defense of any criminal, civil, or statutory offence for which they are being formally investigated, or formally charged provided that:
- The actions of the Covered SCS Employee were performed in good faith and within the scope of the Covered SCS Employee’s duties, as determined by the University; and
- There are no formal charges after an investigation, a withdrawal, acquittal, a finding of not guilty, or a finding of not liable, as applicable, on the part of the Covered SCS Employee.
- Instead of a conviction, the Covered SCS Employee receives an absolute discharge, provided that the University considers that the Covered SCS Employee’s actions in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in 4.03, and that such indemnification will not in the opinion of the University reduce respect for law enforcement in the community.
In the event of a conviction, or a finding of liability on the part of the Covered SCS Employee, the Covered SCS Employee shall be liable to repay in whole – or on a pro-rata basis in the case of a joint-representation under Section 4.04 – to the University any necessary and reasonable legal costs already paid for by the University and shall be solely liable for any further costs incurred in their defense or sentencing.
4.02 Where a Covered SCS Employee intends to apply for indemnification under this Policy, the Covered SCS Employee shall, within thirty (30) days of being formally investigated, charged or of receiving service of a civil claim, apply in writing to the University General Counsel and Chief Legal Officer for approval to retain counsel and approval of the counsel so retained.
4.03 Notwithstanding Section 4.01, the University may refuse to indemnify and make payment where, in the University’s sole discretion, a) the actions of the Covered SCS Employee from which a criminal complaint or civil action arose, constituted a dereliction of duty or abuse of power as an Employee, b) the Employee was acting outside the scope of their role or without authorization of or direction from the University, or when c) at any time the Covered SCS Employee initiates any form of related legal claim against the University regarding the incident(s) in question.
4.04 When one or more Covered SCS Employee(s) is formally investigated, charged, or sued with respect to the same offense or incident, legal representation may be shared where appropriate.
4.05 For greater certainty, Covered SCS Employees shall not be indemnified for legal costs arising from the actions or omissions of Employees acting in their capacity as private citizens.