Procedures

A Certificate of Insurance (COI) is a document that provides evidence that the university maintains appropriate insurance at the levels required by a written agreement with a third party. A COI does not extend insurance coverage to a third party.

A Certificate of Insurance (COI) with an Additional Insured Endorsement (AIE) provides evidence that the university maintains appropriate insurance at the level required by a written agreement and extends insurance coverage to a third party.

Risk Management can provide a COI to a third party when a written agreement has been properly executed by an authorized signor between the university and the third party when a COI is required. To request a COI, send an email to FM-RiskManagement@csulb.edu with the subject line “COI Request” at least five (5) working days before the COI is needed.

If a COI an AIE is requested, a copy of the signed written agreement must be forwarded with the request. As an agreement is a legally binding document that commits the university to explicit terms and conditions, it is of the utmost importance that the terms and conditions of the written agreement be reviewed for legal requirements, conformance to CSU and CSULB policy, and be reflective of good business and risk management practices. The Procurement Services Office has the responsibility for this review. Risk Management is unable to process a request for a COI with an AIE unless the written agreement has been signed by the Director of Procurement Services or his/her designee.

University employees involved in an accident while driving a University owned vehicle, privately owned vehicle or rental vehicle on official University business, shall make no comment or statement regarding the accident to anyone except police, other State officers or employees. The following procedures shall be followed after the accident:

Employees

University employees involved in an automobile accident while driving on University business shall:

  • Call University Police at 911 if an emergency on campus or 562.985.4101 for a non-emergency. If off campus, call 911 to report the accident when there is significant property damage or someone is injured;
  • Complete the Accident Identification Card (Std.Form 269) Form (PDF) to record all pertinent information before leaving the scene of the accident. If another vehicle is involved, the appropriate portion of the Std. Form 269 will be detached and given to the driver of the other vehicle. Blank Accident Identification Cards should be found in the glove compartment of each University owned vehicle.  Additional instructions are shown on the Std. Form 269;
  • Report the accident immediately to their manager. If the accident resulted in bodily injury to any person other than a university employee or significant property damage to the property of others, report the accident to Risk Management at (562) 985-2396. If the accident resulted in bodily injury to a university employee, report the accident to the Workers’ Compensation Manager at (562) 985-2366;
  • In addition to the phone notifications required above, a Report of Vehicle Accident Form (Std. Form 270) (PDF)  must be completed and forwarded to Risk Management within 24 hours;
  • Refer claimant (other party involved in the accident) or their representative (insurance carrier, rental car agency, and attorney) who may contact you directly to the campus Risk Manager.

Managers and Supervisors

University manager or supervisor of the employee involved in an accident while driving on University business shall:

  • Ensure that the employee completes the Std. Form 270 or will do it for him/her if the employee is unable to do so;
  • Investigate each accident promptly and thoroughly;
  • Complete a State Driver Accident Review (Std. Form 274) Form (PDF) which includes a signature and date from the driver’s immediate manager or supervisor and a signature and date from a reviewing officer. Reviewing officer must be at a level higher than the employee involved in the accident and should be an individual other than the manager or supervisor signing the form. By signing this form, the manager or supervisor is confirming the driver was in fact on official university business at the time of the accident;
  • Initiate any appropriate corrective action, verbal or written, and record corrective action taken in departmental personnel records, if appropriate;
  • Forward all completed vehicle accident forms to Risk Management at RiskManagement@csulb.edu within 24 hours; along with photos of the damaged vehicle(s) and the police report, if applicable. 

Note: The purpose of Std. Form 274 is to aid in preventing University employee driver accidents. It will be used to determine if the accident was avoidable and what actions the driver should have taken to avoid the accident. It will also be used to determine specific needs for accident prevention training and in the establishment of administrative policy.

Use of Police Accident Reports

Any designated manager who is investigating a University vehicle accident is an “interested party” and is entitled to read, and make notes from police reports. Such reports will usually be on file within 48 hours at the office of the police agency that has jurisdiction over the place of the accident. For accidents occurring outside incorporated areas, contact the California Highway Patrol; for those within cities, contact the local police department.  Copies of University vehicle reports made by the California Highway Patrol may also be obtained by written request to the California Highway Patrol, nearest to the accident scene. There is no charge for this service. If the investigating supervisor thinks it is advisable, he/she may contact the investigating officer through the California Highway Patrol Area Commander, or through the office in charge of the local police department traffic unit.

Motor Vehicle Liability Insurance

A Vehicle Liability Self Insurance Claims Unit has been established within the Office of Risk and Insurance Management (ORIM) to respond to claims of bodily injury and/or property damage of others, which occur during University use, operation or maintenance of self-propelled land vehicles. Evaluation and payment of claims will be made by ORIM following statutory provisions of Sections 17000 and 17001 of the California Vehicle Code and other laws applicable to claims against the State of California. This program protects any officer or employee of the University against all motor vehicle liability claims made by third parties while operating a vehicle in the course and scope of employment.

If a third party makes a claim for liability through the CSU Claim process, and it is determined that the claim is a vehicle liability claim (involving licensed or motorized equipment), then the Systemwide Office of Risk Management will submit the claim to ORIM and notify the campus.

The Vehicle Liability Self Insurance program is designed to provide reimbursement to third parties only (when an accident is the fault of the CSU driver). It is not designed to reimburse University employees.  Note that ORIM limits auto liability coverage to $1,000,000 for accidents involving approved student and/or volunteer drivers.

Small Claims Court Summons and Complaint

In the event you have been served with a Small Claims Court summons and complaint as a result of a vehicle accident, as the driver:

You will have to appear as ordered. The University General Counsel, campus Risk Management and/or ORIM cannot appear either with you or on your behalf in Small Claims Court. We recommend your immediate supervisor or manager attends the court hearing with you;

Contact the campus Risk Manager immediately:

Risk Management
562.985.2396
RiskManagement@csulb.edu

When you receive the verdict or judgment (usually by mail), call the campus Risk Manager promptly to advise of the results.

Municipal or Superior Court Summons and Complaint

In the event you have been served with a Municipal or Superior Court summons and complaint, as the driver:

Contact the campus Risk Manager immediately. An answer must be filed within 30 days of service to avoid a default judgment, so do not delay in reporting.

All communications regarding claims, including summons and complaints, must be forwarded immediately to the campus Risk Manager. The information provided should include the date and place of service, together with any other pertinent information.

If you have any questions with regards to the vehicle accident reporting procedures or claims process, email Risk Management at RiskManagement@csulb.edu or call at 562.985.2396.

Minimum insurance limits and hold harmless provisions for agreements, contracts, and purchases are outlined under CSU Insurance Resources in Technical Letter RM 2012-01. Additional insurance requirements are outlined for liability insurance limits applicable to contracts with charter aircraft carriers or buses as set forth in California State University, Executive Order No. 1041, California State University, Student Travel. In the absence of a risk identification and evaluation conducted by the Risk Management Office, the insurance limits included in this document apply. For review of whether insurance requirements apply, please contact the CSULB Risk Management Office.

Field Trips can increase the value of instructional and educational learning experiences. They can also present risks to the student, faculty and the University. The following Field Trip Guidelines have been developed to minimize risk without jeopardizing the learning experience.

  • Field trips include required and voluntary activities outside the regularly scheduled classroom/laboratory environment arranged and led by the faculty and/or university staff.
  • Activities such as observation, measurement, instruction, collecting, and capturing may be included.
  • Activities such as presentations, participation or attendance in conferences, competitions, etc. may be included.
  • Field trips can be a single day event or repeated to one site many times within a course or participation in a program.
  • Field trip participants include enrolled students (undergraduate and graduate), employees, students and identified university volunteers.
  • Field trip participants’ and employees’ parents, partners, spouses, pets, siblings or children who are not enrolled university students or university employees are not authorized to participate in university field trips.

Of critical importance is the recognition by the faculty or staff member leading the field trip that they are the point of contact between the University and the student in an environment significantly different from conditions in the on-campus classroom. The following guidelines have been developed and are intended to focus attention on managing common and uncommon risks related to field activities.

  • Select the area where the class is to be held. The faculty or instructor should visit the general area prior to the field trip or otherwise have sufficient knowledge of the area.
  • When selecting an area where the class is to be held, consider travel time and distance from campus. Schedule the field trip time to avoid interference with other regularly scheduled university courses.
  • Consider an alternative activity or assignment that students can complete for the same credit if they cannot participate in the field trip.
  • Determine if there are special needs of the participants and how those needs can be accommodated.
  • Provide written information and training for materials, equipment, activities that participants will be using related to the field trip.
  • Provide written information and training for reasonably foreseeable hazards involved with the activities related to the field trip such as crime, strenuous physical activities, falling hazards, dangerous animals, poisonous plants, etc.
  • Have a first aid kit with materials appropriate for the activity available during the field trip. Ensure that the first aid kit has been recently inspected and restocked as necessary.
  • Consider maintaining American Red Cross or equivalent CPR and First Aid certification.
  • Inform the participants, in writing, of the personal protective equipment and supplies that may be required or recommended to properly and safely participate in the field trip activities. This equipment may include hard hat, safety glasses, long sleeves, long pants, boots, sun block, sun glasses, hat, insect repellant, water, etc.
  • Notify participants in writing of the codes of conduct addressing such issues as fraternizing, drugs, alcohol, etc. and advise participants of the consequences of non-compliance and take appropriate action when aware that participants are in violation of the codes of conduct.
  • Provide, in writing, emergency response action plans and emergency contact name and phone numbers for each participant.

Effective January 1, 2011, a claim against California State University, Long Beach, must be filed with the Chancellor's Office of Risk Management & Public Safety at the address below within six (6) months after which the incident or event occurred along with a $25 claim filing fee made out to "Trustees of CSU". Completed claims must be delivered or mailed to:

The California State University - Office of the Chancellor
Risk Management and Public Safety
401 Golden Shore, 5th Floor
Long Beach, CA 90802-4210

Visit CSU Systemwide Risk Management for further information on how to file a claim.

Loss or Damage to Personal Property

There are many instances when employees bring personal property to campus for personal use. This property may include but is not limited to art, office furnishings, laptops, bicycles, cameras, musical instruments, books, plants and photographs. Personal property brought to campus is the sole responsibility of the owner. The repair, replacement, or reimbursement of personal property is not considered to be the responsibility of the University. This would also apply to students or visitors who bring personal property to campus for personal use. The University’s insurance programs do not provide insurance coverage for personal property whether lost, damaged or stolen on campus or off campus while on University business. However, an employee has the right to file a claim against the State of California for loss or damage to personal property against the State of California through the Government Claims Program. For further information, contact the Campus Risk Management office.

Faculty, staff, employees, students or volunteers, who are traveling on university business and/or participating in a university sponsored program/activity abroad, are ultimately responsible to ensure that Foreign Travel Insurance Program (FTIP) insurance is bound prior to departure. Due to the inherent risks associated with international travel, if FTIP insurance is not obtained prior to departure, the international travel will be considered unauthorized. FTIP insurance is unavailable during and/or after the travel event has occurred. Faculty, staff, employees, students or volunteers cannot substitute another travel insurance policy for FTIP insurance.

Obtaining coverage

To obtain FTIP insurance, the requesting participant must complete:

  1. Travel Participant List (if more than one traveler);
  2. International Travel Information form which outlines the scope of travel;
  3. Travel Request form and
  4. Volunteer Identification form (if a volunteer will participate on trip).

The Travel Participant List must include all travelers, including faculty/ staff/student/volunteer/others, who are participating in the foreign travel. All completed forms must be received by Risk Management via email no later than ten (10) Business days prior to the date of departure. This minimum period of time does not include holidays, weekends or campus closures.

Revisions to the initially submitted Travel Participant List should be limited and must be made no later than ten (10) business days before the date of departure. The Travel Participant List and the International Travel Information form are available on the Risk Management website by clicking on FORMS or by email to Risk Management.

In most cases, foreign travel requires at minimum a Level 3 approver approval. For additional information, see the Travel on Signature Authority Guidelines.  For additional information on travel, visit the Academic Affairs Travel Guidelines webpage. 

CSULB faculty/staff member who are responsible for a short term study abroad program or university approved program as required for a course, shall ensure the procurement of FTIP insurance for students traveling international. For College of Professional and International Education (CPIE) operated programs, these requests are made through CPIE. For University courses that require foreign travel as a part of the core course requirements, these requests are made through the academic department(s). Once the travel has been approved, the academic departments contact Risk Management to proceed with the insurance process. Insurance premiums will be billed to the chartfields provided on the travel request form. If adding personal travel days or other coverage, the payment must be received from the traveler requesting coverage.

Upon receipt of the completed/approved documents, Risk Management will submit a request for coverage to the insurance program administrator. Once coverage is confirmed, Risk Management will provide Travel Assist Cards for each participant, which will be sent to the responsible faculty/staff member for distribution prior to travel.

Cancelling FTIP

For FTIP cancellation, an email request to FTIP cancellation, must be received no later than five (5) business days prior to the date of departure. Risk Management is unable to refund any costs already incurred for FTIP insurance for request made after the five (5) business days prior to the date of departure.

Purchase and Payment of Coverage

Employees traveling abroad on university business will have the cost of FTIP insurance covered by the department that approved the Travel Request form. Upon procurement of FTIP insurance, Risk Management will bill back the department for the FTIP insurance cost using the chartfields provided on the approved Travel Request form. For university business travel, Risk Management is unable to accept other forms of payment for FTIP insurance premiums.

University faculty, staff, employees, students or volunteers who are participating in university business related foreign travel sponsored or paid for by non-state funds to include: the Research Foundation, the 49er Foundation or the Associated Students, Inc. are still required to purchase FTIP insurance. In such cases, FTIP insurance must be purchased through the Department if not otherwise approved by the travel funding source. If grant/contract funding is used, all travelers must contact the Office of Research and Sponsored Programs (ORSP) or their Grants Administrator to determine if such coverage is available or allowable.

If foreign travel is for a student that is attending a Short Term Study Abroad Program as a required part of a course core curriculum, the Risk Management will bill back the Department approving the course as part of its curriculum for any costs associated with FTIP insurance. In such cases, the approving Department can elect to request reimbursement for the cost through the student tuition fee approval committee or elect to charge students the cost as part of costs incidental to travel.

If foreign travel is part of a Short Term Study Abroad Program operated and controlled through
CPIE, CPIE will request Risk Management to purchase FTIP insurance on its behalf. In such instances, Risk Management will bill CPIE for any costs associated with procurement of insurance and CPIE may elect to charge back those costs to students enrolled in the program.

If you have any questions, please contact Risk Management at 562.985.2396.

The 49er Shops and the California State University, Long Beach is committed to providing a safe and enjoyable venue for public, cultural, educational, entertainment, athletic, and social events. The purpose of this guideline is to further the commitment by setting forth policies and procedures to ensure alcoholic beverages are sold or served only in accordance with all applicable laws and regulations

Event Type

The following events shall adhere to this guideline:

  1. Student Sponsored Event
  2. University Sponsored Event – On Campus
  3. Third Party Event with Facility Rental
  4. University Intercollegiate Athletics Event in University Owner/Operated Facilities
  5. University Sponsored Event – Off Campus

Events/Activities as outlined in #1-4 above will require approval through the 49er Shops Alcohol Beverage Clearance Form.

Events/Activities as outlined in #5 above or all other events/activities not specifically addressed will require University Sponsored Events Held Off Campus Alcohol Approval Request Form. Please see the approval request form in Procedures.

Guideline Statement

The sale and service of alcoholic beverages must be conducted in accordance with all local and state laws, including the California Alcoholic Beverage Control Act and any regulations under the auspices of the California Department of Alcoholic Beverage Control. The consumption of alcoholic beverages at ABC licensed locations does not require additional approval. Consumption outside of these licensed campus facilities requires approval through the Alcohol Beverage Clearance Form approval process. The Alcohol Sale and Service Policy is located on the 49er Shops website.

Please contact Clint Campbell at the 49er Shops if you have any questions.

Procedures

For events/activities as outlined in #1-4 above, the procedures for the Sale or Service of Alcoholic Beverages (PDF) on the 49er Shops website.

For events/activities as outlined in #5 above or all other events/activities not specifically addressed on this guideline will require University Sponsored Events Held Off Campus Alcohol Approval Request Form and if approved the purchase of insurance will be required. The University Sponsored Events Held Off Campus Alcohol Approval Request Form is located under Forms and Instructions defined below.

Upon completion of the form with a signature from the Requestor and Level 3 approver, forward to Risk Management for review and final approval from DAF Administration.

If your event involves fundraising, follow the CSULB 49er Foundation Business Unit Policies and Guidelines (LB49R), Section VI. Fundraising Events. (PDF)

Forms and Instructions

The Alcohol Sale and Service Policy (PDF) is located on the 49er Shops website  

The Procedures for the Sale or Service of Alcoholic Beverages (PDF) for events/activities as outlined in #1-4 above, is located on the 49er Shops website.

The Alcoholic Beverage Clearance Request Form (PDF) for event/activities as outlined in #1-4 above, is located on the 49er Shops website.

For events/activities as outlined in #5 above or all other events/activities not specifically addressed on this guideline will require University Sponsored Events Held Off Campus Alcohol Approval Request Form (DocuSign).

Additional Contacts

Contact Information
Subject Contact Phone Email
Policy Content Jeff Wood 562.985.2396 jeff.wood@csulb.edu
Subject Matter Expert 49er Shops 562.985.8948 clint.campbelll@csulb.edu

Appendices and Related Information

Appendices (if any):

N/A

Related Chancellor’s Office Policies:

Other Related Information:

History

Issue Date: January 1, 2001

Last Review Date: August 2018

Amended Date: August 2018

Add 49er Shops Alcohol Policy and Procedures documents, Add Forms, Add Appendices and Related Information

Travel involves certain risk that should be identified prior to the trip departure date. It is important to identify the potential risks, determine how to reduce or avoid the risks, and how to respond in the event an emergency occurs on a field trip involving ground transportation, domestic air travel or international travel.

Field Trips

Academic Field Trips are defined as mandatory or voluntary activities outside the regularly scheduled class room/laboratory environment arranged, supervised and led by a faculty and/or staff member. Field trips include travel within the continental United States. Field Trip participants may include enrolled students, employees and identified University volunteers. Participant's and employee's parents, partners, spouses, siblings, children who are not enrolled university students or employees, and pets are not authorized to participate in University Field Trips.

While Field Trips can provide a valuable learning experience, they can also present risks to the student, faculty and the University. Field Trip Guidelines have been developed to minimize risk without jeopardizing the learning experience.

Academically Related International Travel

The University and faculty members are responsible for the welfare of students who travel internationally as part of a course or in any other way are under the supervision of a faculty member. Risk Management Administrative Guideline for Foreign Travel Liability Insurance Program has been developed to assist faculty members in reducing risk to themselves, to students and to the University uniquely associated with international travel. This Adminstrative Guideline is not a substitute or reiteration of University requirements for the development ad implementation of short-term international study/travel programs that confer academic credit.

Student Air Travel

CSU affiliated programs are defined as programs that are offered by, or pursuant to a program, of the California State University, any student body organization, or any organization affiliated with any such organization, or with any combination thereof.

The following requirements associated with student air travel are contained in the CSU Executive Order No. 1041 dated May 29, 2009 (PDF).

Minimum Travel Insurance

Students Participating in California State University affiliated programs who are traveling by air on flights which are not regulated by the U.S. Department of transportation and/or not subject to liability insurance minimums established by the U.S. Department of Transportation shall first obtain, or have obtained on their behalf, trip insurance covering bodily injury and death of the student and for the loss of or damage to property in the maximum amount available for American insurance carriers.

Notice to Students: Release and Hold-Harmless Provisions

Students participating in CSU affiliated programs which require air travel shall be informed in writing that participation in such programs is voluntary and that air travel involves risks to personal safety which could result in damage to property, injury, or death. Students participating in such travel shall be in writing that the California State University assumes no liability for damage, injury, or death occurring on such voluntary air travel and that students undertake such travel at their own risk.

Students participating in CSU affiliated programs which require air travel shall be required to acknowledge that they have been informed of the risks of air travel required by such programs and to sign a statement certifying that they have been informed of an undertake such air travel voluntarily with full knowledge of such risks, and release and hold harmless the state of California, the California State University, California State University, Long Beach, and each and every officer, agent, employee and volunteer of each of them, from any and all claims and causes of action that the student, or any person(s) claiming through the student, may have against any of the above institutions or persons, by reason of any accident, illness, or injuries, death, or other consequences resulting directly or indirectly from or in any manner arising out of, or in connection with, the student being a passenger on a flight.

Waivers and Releases

Please download the Guidelines for International Travel (PDF)

Authorization

Before an employee may use their own personal vehicle on university business he/she must complete and sign an Authorization to use Privately Owned Vehicles on University or State business, Standard Form 261 (PDF). Using Standard Form 261, the employee certifies in writing that their personal vehicle will always be:

  • Covered by liability insurance in at least the following amounts:
    • $15,000 for personal injury to, or death of, one person,
    • $30,000 for personal injury to two or more persons in one accident, and
    • $5,000 for property damage;
  • Adequate for the work to be performed;
  • Equipment with safety belts in operating condition; and
  • In safe mechanical condition as required by law.
  • The completed authorization form shall be retained by the supervisor who approved the use of the privately owned vehicle.

Authorization forms will be valid for a period not to exceed one year. Once completed, Standard Form 261 may be initialed and dated annually by the employee to certify that it is current.

The employee's supervisor shall verify that there is a fully executed current authorization form on file before signing a Travel Expense Claim, Standard Form 261 for the claimant. The employee's signature on the Travel Expense Claim certifies that the minimum insurance and safety requirements were in effect and had been properly recorded before the privately owned vehicle was used.

Motorcycles

Motorcycles shall not be used in carrying out university business.

Criteria for Use

  • The individual has satisfactorily completed a CSU approved Defensive Driver Training Course once every four (4) years and maintains a good driving record. Defensive Driver Training is required for those who regularly drive on University business.  Defensive Driver Training is conducted by the University Police Department.  For more information, please visit the UP Defensive Driving.  For questions regarding the in-person training, class dates and registration, please email Gail Smith.
  • The individual authorized to drive is a University employee in active, state-funded pay status or a person on recognized volunteer status.
  • The University has requested a copy of the individual’s driving record annually from the Department of Motor Vehicles and verifies the employee maintains eligibility as a licensed driver.
  • The individual has a valid California or other state driver’s license in his/her possession and the license is the correct class for the type of vehicle he/she is driving.

Vehicle Accidents

On Campus

  1. Call University Police: 911
  2. File a Police Report

Off Campus

Notify Risk Management

Employees
University employees involved in an accident while driving a privately owned vehicle on university business shall:

  • Report the accident immediately to their manager. If the accident resulted in bodily injury to any person other than a university employee or significant property damage to the property of others, report the accident to Risk Management at 562.985.2396. If the accident resulted in bodily injury to a university employee, report the accident to the Workers’ Compensation Manager at 562.985.2366.
  • In addition to phone notifications required above, a Report of Vehicle Accident Form - Standard Form 270 (PDF)  must be completed and forwarded to Risk Management within 24 hours. The report should be clearly marked “Privately Owned Vehicle Involved.”

Managers and Supervisors
University managers and supervisors of employees involved in an accident while driving a privately owned vehicle on university business shall:

  • Ensure that the employee completes Standard Form 270 or will do it for him/her if the employee is unable to do so.
  • Investigate each accident promptly and thoroughly.
  • Prepare a Supervisor's Review of State Driver Accident, Standard Form 274; and
  • Forward the completed forms to Risk Management with 24 hours.

Motor Vehicle Liability

An employee's personal automobile insurance policy is the primary coverage for liability and damages in the event of an accident while on university business. The State of California does not provide for loss or damage to privately owned vehicles. Liability insurance maintained by the State of California is only applicable to the liability of the employee that is over and above the liability insurance maintained by the employee.

The university department which authorized the employee to use his/her private vehicle on university business is responsible for payment to an employee for vehicle repair or other incidental costs resulting from damage to his/her privately-owned vehicle if these costs are not otherwise reimbursable through insurance coverage of any of the parties involved in the accident. Costs may be claimed only if the vehicle accident/damage was not the fault of the employee.

Procedures for Filing a Claim

To obtain payment for vehicle repair or other incidental cost resulting from damage to his/her privately-owned vehicle, an employee must:

  1. File a Report of Vehicle Accident Form - Standard Form 270 (PDF)
  2. Attempt to recover damages through his/her insurance coverage.
  3. Prepare a Travel Expense Claim (TEC) and attach the following documents:
    • The green copy of Standard Form 270 , signed by the employee's supervisor.
    • An itemized receipt for repairs/parts.
    • Proof of payment of repair/incidental costs.
    • Three (3) estimates of repair costs.
  4. Enter the following certification in the Remarks Section of the TEC:
    "I hereby certify that this expense was incurred by me as a result of damage to my privately-owned vehicle. This expense is not reimbursable through the insurance coverage of any of the parties involved in the accident."

The approving official shall:

  1. Review the completed Standard Form 270 and TEC for accuracy and completeness.
  2. Sign Standard Form 270 to certify that the vehicle was being used on official university business and that the accident was not though the fault of the employee.
  3. Determine that the claim is not the result of the employee's decision not to maintain collision coverage. Claims resulting from the employee's decision not to maintain collision coverage are not handled through the TEC process. Claims filed because of the employee's decision not to maintain collision coverage may be filed with the State Board of Control.
  4. Sign the TEC to certify that the employee has presented sufficient evidence that the repair has not been paid by any insurance coverage and to authorize payment for the least costly of the three (3) competitive estimates.

A waiver and release form must be used for all voluntary or extracurricular off-campus activities coordinated or sponsored by the University. The Release of Liability form (PDF) should be used for all off campus activities that require travel. 

Introduction & Compliance

Waivers and releases are written agreements that say the sponsor of an activity will not be liable for harm suffered by participants in the activity. In this context waivers and releases mean the same thing and are interchangeable.

Waivers and releases are designed to protect the University and its employees from legal liability for injuries that may occur to individuals who participate in voluntary or extracurricular activities on or off campus. They are valid and reliable legal tools under California Law.

Waivers signed prior to participation are viewed by the law as contracts or agreements in which the participant agrees to excuse the University and its employees from fault or liability for personal injuries associated with the activity. If the participant agrees in advance that the University or its employees owe him or her no duty, recovery from negligence is barred. Indemnity and hold-harmless provisions shift the responsibility for legal expenses associated with claims to the participant.

The failure of an individual to read a waiver does not excuse compliance. Under California law, it is incumbent upon individuals who do not read or understand English to have the release read or explained to them.

Waiver Language

There is no legal requirement to provide waivers and releases in languages other than English. In general, state courts have held that English-language waivers signed by adults who cannot read English are valid.  The language in the waiver and release documents should not be altered. 

Waiver Transparency & Informed Consent

Waivers and releases cannot be the "fine print" in a larger publication, such as a brochure. They must be on a separate piece of white paper.  Any additional information the department wishes to furnish about an activity should be on a document separate from the waiver or release.

Informing students of added risk exposures prepares the students for the off campus activities and demonstrates the University’s level of care for its students. An informed consent document is used to convey the general risk exposures to the students, and may reduce the degree of fault or negligence that the University is charged by a court of law. An informed consent does not waive a student’s rights or release the University from liability.

When off-campus activities are a course requirement, faculty are encouraged to provide students with an Informed Consent form or incorporate the document language into the course syllabus.

Age Restriction

Waivers and releases cannot be signed by minors. Activity participants under age 18 must have a waiver signed by a parent or legal guardian.

Refusal to Sign Waiver

Anyone who refuses to sign a waiver should not be allowed to participate in the activity.

Some required academic course activities that take place away from campus may present additional risk exposures to University students. These risk exposures can be as mundane as vehicle travel in an unfamiliar area to the more unusual risk exposures of coastal scuba diving.

General Release of All Claims

The General Release of All Claims Form has been developed for campus use by the CSU Office of General Counsel.  This form should be use for on campus activities that do not require travel.  Completed Releases must be retained for a minimum of two years following the activity for which the Release was executed.

This information provides general guidelines only. For further information concerning the use of waivers or releases, please contact Risk Management.

 

AB 1775 requires a contracting entity to require an entertainment events vendor to certify for its employees and employees of its subcontractors that those individuals have complied with specified training, certification, and workforce requirements, including that employees involved in the setting up, operation, or tearing down of a live event at its public events venue, as defined, have completed prescribed training of the United States Department of Labor Occupational Safety and Health Administration.

Understanding Assembly Bill 1775 (PDF)