Procedures for Employee Indemnification (8.17)

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This online version is for convenience; the official version of this procedure 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: University Counsel and Chief Legal Officer

Original Approval Date: February 13, 2025

Date of Most Recent Review/Revision: N/A

Administrative Responsibility: Legal Serices and Fair Practices Office

Parent Policy: 8.17 Employee Indemnification Policy

1.0 Definitions

1.1 Eligible Employee(s): Employees and former Employees, and their heirs and legal representatives, who satisfy the conditions for eligibility outlined in this Policy and Procedures.

1.2 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.

1.3 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).

1.4 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.

1.5 Special Constable Service (SCS): the Wilfrid Laurier University Special Constable Service.

2.0 General Procedures

2.1 Where an Eligible Employee intends to apply for indemnification under the Policy, the Eligible Employee shall, within thirty (30) days of being Formally Investigated, charged or of receiving service of a claim, apply for indemnification in writing to the University Counsel and Chief Legal Officer. 

2.2 The University Counsel and Chief Legal Officer will assess eligibility for indemnification in accordance with the terms of the Policy and will notify the Employee of their eligibility within 14 days of receiving the application.

2.3 If an Eligible Employee requires legal representation, the University may make their legal counsel available to represent the Eligible Employee in which case a joint retainer will be required. Or, if the interests of the Eligible Employee and the University in the matter do not coincide, the Eligible Employee may be required to retain their own legal counsel, however, such legal counsel must be approved by the University if indemnification is being sought. 

2.4 Notwithstanding section 2.3, the Eligible Employee may choose to obtain independent legal representation at their own expense.

2.5 In the course of the action or proceeding, Eligible Employees:

a. Shall promptly forward to counsel all documents, including letters, court documents, or other relevant materials in respect to the action or proceeding;

b. Shall not interfere in any way in the action or proceeding or any negotiations for settlement of it;

c. Shall aid in securing information and evidence and the attendance of any witness and cooperate with the University in the defence of the action or proceeding any appeal thereof;

d. In a civil case, the Eligible Employee shall not voluntarily and at their own accord assume liability in respect of or settle the action or proceeding, except at the Eligible Employee’s own costs; and

e. If the University is not also a party to the action or proceeding, the Eligible Employee shall, where relevant, consent to any order or leave that may be requested by the University to be added as a party or to be allowed to make representations on its own behalf without being a party.

3.0 Procedures Relating to Criminal Charges Brought against Covered SCS Employee(s)

3.1 In addition to terms and conditions outlined in the Policy and these procedures, the following provisions apply to Covered SCS Employees in the context of criminal charges that relate to or result from their work at the University.

3.2 The University shall reimburse a Covered SCS Employee for necessary and reasonable legal costs incurred by them in the defense of any criminal offence for which they are being formally investigated, or Formally Charged provided that:

a. 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; or

b. 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 they otherwise comply with this Policy, and that such indemnification will not in the opinion of the University reduce respect for law enforcement in the community. 

3.3 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 4.05 of the Policy – 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.

3.4 For greater clarity, subsections 3.1, 3.2, and 3.3 of these procedures do not restrict or interfere with the indemnity provided to Covered SCS Employees for any non-criminal complaint or claim brought against them in their role as an Eligible Employee under the Policy.