Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

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Lawsuits Against WSU Personnel

As a consequence of performing official WSU duties, an individual WSU officer or employee may be named as a defendant in a lawsuit. If that occurs, the officer or employee may request legal defense by the Attorney General's Office (AGO).

Upon receipt of a lawsuit Summons and Complaint, the individual records the date, time, and method of service of the lawsuit document.

To request legal defense by the AGO, the individual contacts the WSU Division of the State Attorney General's Office (WSU AGO); telephone 335-2636. The office is located in the French Administration Building, Room 332, Pullman, Washington.

An officer or employee requesting assistance is to cooperate fully with the Attorney General's Office at all times.

To initiate a request for legal defense by the AGO, the individual obtains and completes a Request for Individual Defense by the Attorney General form.

Contact the WSU AGO to obtain a copy of the form.

To complete the Request for Individual Defense by the Attorney General form:

• Read the Information Sheet Regarding Defense of Tort Lawsuits Against State Employees attached to the Request for Individual Defense by the Attorney General form.

Remove the information sheet before submitting the completed form to the WSU AGO.

• Complete the top portion of the form. See the PDF version of page 10.15.3 for example.

Fill in all requested information.

• Refer to the Summons and Complaint to obtain the case name, court name, and case number.


• Place a check mark next to either "I Do..." or "Do Not want to have the Attorney General defend me in this action."


• Sign and date the form.

Retain a copy of the form and the information sheet.

Return the original form and a copy of the Summons and Complaint to the WSU AGO.

The WSU AGO routes the Request for Individual Defense to the WSU President.

The President approves the request if she or he determines that the officer or employee was acting within the scope of his/her official WSU duties in the situation that created the lawsuit.

If the President approves the Request for Individual Defense, the WSU AGO asks the University to place the request on the agenda for the next Board of Regents meeting.

If the Board finds that the individual was acting within the scope of his or her official WSU duties in the situation that created the lawsuit, the Board approves the request by adopting and signing a resolution. The Board sends a copy of the resolution to the WSU AGO.

The WSU AGO Division Chief endorses the Request for Individual Defense if he or she finds that the individual was acting within the scope of his or her official WSU duties in the situation that created the lawsuit.

If the WSU AGO receives all of the above approvals, the WSU AGO forwards the request to the Attorney General in Olympia for review.

If the Attorney General approves the Request for Individual Defense, the AGO defends the individual at no cost to the defendant and pays for any costs of verdicts entered against him or her.

Individuals may select and hire their own attorneys to represent them. If individuals select their own attorneys, such individuals are personally responsible for any and all resulting costs and fees, including all costs of verdicts entered against them.

See Executive Policy EP6.