University Policies and Procedures Manual (previously Business Policies and Procedures Manual)
Legal Advice and Representation
UPPM 10.15
For more information contact:
Office of the Attorney General
509-335-2636 / wsu.atg@wsu.edu
Contents
1.0 Overview and Purpose
Under Washington State law, the Office of the Attorney General (AGO) is responsible for advising and representing the State of Washington and its officials, departments, boards, commissions, institutions of higher education, and agencies. The WSU Division of the AGO (WSU AGO) provides legal advice and representation to WSU officials and units systemwide (RCW 28B.10.510).
This policy explains the role of the WSU AGO as the sole provider of legal services and representation to WSU, its officials, and its employees. It also sets forth the process for requesting legal defense and indemnification in the event of a lawsuit (RCW 28B.10.842).
2.0 Legal Services
The WSU AGO provides comprehensive legal services to all WSU campuses, extension offices, and research centers.
Prior to contacting the WSU AGO, WSU employees should consider whether their inquiry can be resolved by:
- Human Resources Services;
- Office of the Provost;
- Office of the Dean of Students;
- Office of the University Ombuds; or
- Another WSU Office.
The WSU AGO will refer individuals to the appropriate office as necessary.
No state/WSU officer or employee may employ a private attorney to represent the state/WSU, its officers, or its employees. The AGO may appoint a private attorney as a special assistant attorney general (SAAG), allowing them to represent WSU, depending on:
- Need for specialized counsel to advise or represent WSU;
- AGO discretion; and
- WSU President approval.
The SAAG process is coordinated by the WSU AGO Division Chief and WSU AGO SAAG Administrator. Questions and requests can be sent to the AGO via email.
Individual state/WSU officers or employees may obtain representation through private attorneys for personal issues. Such individuals are personally responsible for all expenses, including costs of verdicts entered against them.
3.0 Receipt of Legal Documents
A WSU employee or office may receive a complaint or other legal document requiring a response from WSU from any of the following:
- A state agency, for example:
- Washington State Department of Labor and Industries;
- Washington State Office of Administrative Hearings; or
- Washington State Human Rights Commission.
- A federal agency, for example:
- U.S. Department of Education’s Office for Civil Rights;
- U.S. Department of Justice; or
- U.S. Equal Employment Opportunity Commission.
- Legal documents from any local, state, or federal court, for example:
- A subpoena;
- A search warrant; or
- A summons and complaint.
Any WSU employee who receives such a complaint must immediately scan and send a copy to the WSU AGO via email (see Section 4.1). The email must describe how and when the document was received, as well as any other helpful information.
4.0 Individual Legal Defense and Indemnification
State employees are sometimes personally sued for actions taken during their employment. State law provides for the defense of state employees to protect them from liability that might arise from the performance of official duties. A WSU employee is eligible for defense of tort and civil rights lawsuits if the employee’s “acts or omissions were, or were purported to be, in good faith, within the scope of that person’s official duties” (RCW 4.92.070). This law is applied broadly to cover job-related acts or omissions.
Exceptions to coverage may occur if an employee:
- Intentionally injures someone;
- Clearly violates a law (unless in good faith); or
- Conducts personal activities on state time or using state resources (see UPPM 10.65).
Eligible employees are represented by the AGO (or a SAAG) and the state pays for all defense costs, settlements, and court judgments that might be entered.
4.1 Receipt of Summons and Complaint
Lawsuits are initiated by the service of legal process documentation. Due to timelines for responding to a lawsuit, it is important that the employee or officer contact the WSU AGO immediately upon being served with a summons and complaint in accordance with Section 3.0.
WSU employees and officials should also consult with the WSU AGO if a lawsuit is anticipated.
4.2 Request for Individual Defense by the AGO and Indemnification by the State
To request legal defense by the AGO, WSU employees must complete a Request for Individual Defense by the Attorney General form (RCW 28B.10.842). The form is available from the WSU AGO upon request. The AGO can be reached by telephone, email, or on the WSU Pullman campus in the French Administration Building, room 332. The office provides instructions for completing the form and information about the request for defense process.
4.3 Approval Process
On behalf of the employee, the WSU AGO will seek the necessary approvals from the:
- WSU AGO;
- WSU President;
- WSU Board of Regents; and
- Attorney General or designee.
5.0 References and Resources
RCW 28B.10.510 Attorney general as advisor
RCW 28B.10.842 Actions against regents, trustees, officers, employees, or agents of institutions of higher education or educational boards—Defense—Costs—Payment of obligations from liability account
RCW 4.92 Actions and claims against state
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Revisions: Dec. 2025 (Rev. 649); April 2019 (Rev. 528); July 1999 (Rev. 145); Nov. 1986 (Rev. 65); Mar. 1983 (Rev. 51); Nov. 1979 – new policy (Rev 36).