11.16 Defense, Indemnification & Representation
Administrative Guide, Chapter 2.4.6, states that "Stanford's policy is to indemnify and defend its faculty and staff in compliance with California Labor Code Section 2802. That statute provides as follows: An employer shall indemnify his employee for all that the employee necessarily expends or loses in direct consequence of the discharge of his duties as such, or his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful."
This policy is applicable to situations in which a claim is made against a faculty member arising out of the faculty member's performance or his or her job duties.
If in the course of the University's defense of such a claim, a conflict arises between the interests of the faculty member and of the University, the parties should make appropriate efforts to resolve that conflict. Under these circumstances, it may become advisable for the faculty member to arrange for a consultation with an attorney not simultaneously representing the University, such as from a panel compiled by the Office of the General Counsel for this purpose.
For further information concerning such a scenario, or for other information concerning legal matters, contact the Office of the General Counsel at (650)-723-9611.