(A) Policy statement
Student organizations registered by the office of student
involvement "student organizations" of the university of Toledo
"UT"
"UToledo" must have a UT
UToledo advisor as required by this
policy.
(B) Purpose of
policy
To establish the role and responsibilities of advisors and to
provide notice of potential liability associated with the advisors and student
organizations.
(C) Advisor
requirements
(1) Must be registered and
approved by the office of student involvement and leadership and fulfill all
duties and requirements set by the office of student involvement and leadership
and rule
3364-30-12 of the Administrative Code (student organizations).
Must be interested in and committed to promoting the student
organization's constitutional functions, UT
UToledo policies
and office of student involvement and leadership requirements.
(2) Advisor and student
organization liability
(a)
UT
UToledo
employed advisors may be eligible for insurance coverage by the university or
entitled to qualified immunity under Ohio law against individual liability
while acting in their role as advisors. Activity must be within the course and
scope of employment and action must not be taken with malicious purpose, in bad
faith, or in a wanton or reckless manner.
UT
UToledo employed advisors are encouraged
to review their personal insurance for coverage.
(i) Decisions about the availability of
liability insurance coverage rest with the university's insurer.
(ii) Decisions about the applicability of
statutory qualified immunity rest first with the Ohio attorney general and may
be ruled upon by the Ohio court of claims.
(b) Non-UT
UToledo employed
advisors are not covered by the UT
UToledo liability insurance program and are not
eligible for immunity under Ohio law. Therefore, the non-UT
UToledo employed
advisor should review personal insurance for coverage.
(c) Student organizations are not covered by
the UT
UToledo
liability insurance program and the student leaders and members of the
organization may be personally liable for the organization's activity if it
causes damage or harm. Student organizations, leaders, and members are
encouraged to review personal insurance coverage.
Notes
Ohio Admin. Code 3364-30-56
Effective:
6/28/2021
Promulgated Under:
111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates:
05/28/2018
