Brett Sokolow, an expert on campus legal issues and
executive director of the Association of Title IX Administrators, said it is
“facile to dismiss such insurance as a racket, but it all depends on the nature
of the coverage and the peace of mind it may afford.” Those considering it
might ask how well protected they are by their specific employers, which might
vary from institution to institution and from private to public ones in
particular -- as well as a series of other questions.
“Are the employee’s interests coextensive with their
employer’s?” he asked. “Might the employee be scapegoated or let go by their
employer once a suit is filed, in which case their interests are rather
divergent? Do they want to be defended by the institution’s counsel or insurer,
or have their own?”
Sokolow also cautioned that taking on additional liability
coverage could make a university employee a target in a lawsuit. “If an
administrator is of modest means and assets, they might not be worth suing,” he
said. “If they have $500,000 in insurance, suddenly they are worth suing.”
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