PAGE Legal Services

Policy Manual

Adopted by PAGE Board of Directors as of April 29, 2016

Table of Contents

I. Introduction…………………………………………………………………………………………………………………1

II. General Provisions……………………………………………………………………………………………………….2

III. Legal Representation for Professional

Employment Rights/Certification/Criminal Cases……………………………..….………………3 - 4

IV. Legal Representation for Civil Liability Cases……………………………………………….…………..….5

V. Prohibited Legal Representation…………………………………………………………………….……………6

VI. General Description of Coverage Per Membership Category……………..………….….…...7 - 9

I. Introduction

A. The PAGE Board of Directors has determined it necessary to specifically outline its policies and procedures regarding in-house legal services and services provided by PAGE Network Attorneys. A PAGE Network Attorney is an attorney who is admitted to practice law before, and is in good standing with, the State Bar of Georgia, and who has entered an agreement with PAGE to provide legal services that are covered by the PAGE Legal Protection Plan. PAGE Network Attorneys are not PAGE’s agents or employees, and PAGE does not in any way guarantee the resolution or outcome of any legal matter handled by a network attorney. This document outlines the procedures and policies PAGE will follow but it in no way alters or modifies the PAGE Legal Protection Plan or the Educators Professional Liability Policy both of which are on file at the PAGE office and available through the PAGE member portal. The PAGE Legal Protection Plan governs the legal defense coverage when a PAGE member is referred to a PAGE Network Attorney. The Educators Professional Liability Policy governs coverage when a PAGE member is named in a lawsuit filed by a parent or student. In other areas of representation falling outside the Educators Professional Liability Policy and the PAGE Legal Protection Plan, PAGE will follow the procedures outlined below. It is PAGE’s intention to specifically outline the PAGE legal services parameters so the services are applied equally to every member, rather than on a case by case basis. Every current and future PAGE member will have access through the member portal to the legal policies and procedures when joining PAGE and throughout all times of current membership. Policies are also available upon request to the PAGE office. If after joining and gaining access to these policies a member does not wish to agree to these policies and desires to cancel his/her membership, the member may do so with a full refund so long as he/she cancels his/her membership within 30 days of his/her join date. Otherwise, all members have agreed to the policies outlined below.

II. General Provisions

A. PAGE’s Legal Department is under the direction and administration of PAGE’s General Counsel and Director of Legal Services. PAGE’s Legal Department also has an Assistant General Counsel and Staff Attorneys. On any matter where a member calls the Legal Department with a question or is in need of legal representation, the member will speak to one of the Staff Attorneys, the General Counsel or the Assistant General Counsel (all of whom shall hereinafter be referred to as “in-house attorneys”). The in-house attorneys, at their sole discretion, will decide whether to handle the matter in-house or to assign the matter to a PAGE Network Attorney. Once a matter is assigned to a PAGE Network Attorney, the PAGE Legal Protection Plan policy limits apply and start to run. In addition, once a matter is assigned to a PAGE Network Attorney, the legal engagement and relationship between the member and the attorney will not include PAGE in-house attorneys, but only those two parties, i.e. the member and the Network Attorney. At that time, issues regarding the legal representation are solely between the member and the Network Attorney. If you have concerns regarding your representation by a Network Attorney, you should call the PAGE Legal Department. (See III. D. for policy on requesting a transfer to a second Network Attorney) we do ask for quality control feedback once your representation is concluded and there is also a link on our website for you to provide such feedback at any time.

B. PAGE’s General Counsel and Assistant General Counsel shall create, maintain, and coordinate the PAGE Network of Attorneys. Attorneys for the Network are selected based on criteria including but not limited to experience in education, employment and criminal law; geographic location of practice; quality of service and responsiveness to clients; and compliance with claims procedures.

III. Legal Representation for Professional Employment Rights/Certification/Criminal Cases

A. The PAGE in-house attorneys advise members on employment, certification and criminal issues related to their duties as an educator until such time an in-house attorney decides to assign a case to a PAGE Network Attorney for legal representation of a member.

B. Several circumstances shall bar PAGE in-house attorneys and PAGE Network Attorneys from providing such legal representation and these include:

1. The incident or action that resulted in the need for legal representation occurred outside of the member’s period of coverage. (In other words: the benefits under the PAGE Legal Protection Plan apply only to actions resulting from the activities of the member which first take place during the Member’s period of coverage.)

2. For purposes of criminal representation, the incident or action did not arise out of the activities of the member in his/her professional capacity.

3. The member has been dishonest with the in-house attorney or assigned PAGE Network attorney regarding the facts of the matter.

4. The member is publicly or privately disparaging of PAGE.

5. The member has become hostile, violent, belligerent, or over-aggressive with the PAGE office, PAGE staff, in-house attorneys or PAGE Network Attorneys.

6. The member has previously been represented or advised by another attorney on the same matter and has an existing lawyer/client relationship with that attorney or any other attorney not assigned by PAGE.

C. Several circumstances may bar PAGE in-house attorneys and PAGE Network Attorneys from providing such legal representation and these include:

1. After a thorough investigation of the matter by an in-house attorney or PAGE Network attorney, it is determined that the member’s employment rights have not been violated and no further legal action is warranted.

2. The member is unreasonable in refusing the legal advice of the in-house attorney or PAGE Network attorney in the pending matter.

3. The member received prior discipline regarding the same matter prior to joining PAGE.

4. The member did not call PAGE Legal with enough time for an in-house attorney or a PAGE Network attorney to adequately prepare for the member’s defense and take the appropriate legal action.

5. Specifically with regard to unsatisfactory evaluations that lead to district action such as termination, suspension or nonrenewal, the member joined after the unsatisfactory evaluation.

6. Member fails to pay the entire annual membership dues amount for the appropriate membership category.

D. There is no prohibition on PAGE in-house attorneys or PAGE Network attorneys to discontinue representation of a member at any time for any reason for any situation mentioned above or any other reasonable scenario as long as the member is given proper notice of the withdrawal and PAGE attempts to assist the member in selecting another PAGE Network Attorney. In addition, if a member is unhappy with the assigned PAGE Network Attorney, after a reasonable attempt to work through the issues with the Network Attorney, the member can petition to the PAGE General Counsel or Assistant General Counsel to be transferred to a second PAGE Network Attorney. On the occasion when a member is transferred from one PAGE Network Attorney to another, any billings that occurred with the first attorney will count against the coverage limits. A member may be transferred to another PAGE Network Attorney no more than one time. If the member is still not satisfied with the second PAGE Network Attorney, then PAGE will discontinue representing this member. Members always retain the right to hire a private attorney of their choosing at their own cost.

IV. Legal Representation for Civil Liability Cases

A. If a member is served with and named in a civil liability case, the member is to call the PAGE Legal Department and send a copy of the lawsuit to our office as soon as possible. Once the Legal Department receives a copy of the lawsuit, the complaint will be filed with PAGE’s insurance carrier and the carrier in turn makes a determination regarding their duty to defend under our Educators Professional Liability Policy. The insurance carrier will consider issues which include among other things, primary vs. secondary coverage, whether the member was acting outside the scope of their employment, whether the member is already covered by a school district policy, whether the incident occurred during the policy period while the educator was a member of PAGE and whether the school district is already providing representation to this PAGE member. If the insurance company determines that coverage applies, it will assign an attorney to defend the member.

B. In the unusual case where a member is being represented by a school board attorney under a school district policy and needs outside consultation due to a perceived conflict, the member can be referred to a PAGE Network Attorney for a consultation, subject to coverage limits under the PAGE Legal Protection Plan. The Network Attorney shall have no involvement in the actual defense of the lawsuit and will be providing consultation only. A request for a referral to a Network Attorney for this purpose shall be made by the member to the PAGE Legal Department. Determination of the need for this referral will be at the sole discretion of the in-house attorneys.

V. Prohibited Legal Representation

A. PAGE shall not provide legal representation to members for any type of “offensive” litigation, lawsuit, administrative complaint, complaint, action, petition, or any other type of legal proceeding where the member initiates the proceeding as a plaintiff or petitioner, even if the action or proceeding arises out of the activities of the member in his/her professional capacity.

B. The following is a list of the types of “offensive” litigation, claims or lawsuits that PAGE shall not offer to defend nor provide legal representation for its members. This list is not comprehensive.

1. Title VII lawsuit, including discrimination, sexual harassment, hostile work environment, and other violations of civil rights under Title VII.

2. Title IX lawsuit.

3. EEOC (Equal Employment Opportunity Commission) claim or petition.

4. Civil tort lawsuit including among other causes of action, defamation, battery, assault, false imprisonment, intentional infliction of emotional distress, negligence, etc.

5. Civil tort liability lawsuit alleging damages.

6. Injunction, specific performance, promissory estoppel or any other type of equitable civil remedy sought in a civil lawsuit.

7. ADA (Americans with Disabilities Act) claim or suit.

8. ADEA (Age Discrimination in Employment Act) claim or suit.

9. Any type of legal proceeding filed for violation of civil rights, unequal application of the law or violation of constitutional rights.

10. Breach of contract suits where a PAGE member is initiating the proceeding.

11. Workers’ Compensation Claims.

12. Disability Benefits Claims.

VI. General Description of Coverage Per Membership Category

A. Coverage will vary depending on membership category - see below for specific coverage according to Membership Categories.

Important Note: Our policies cover you for activities performed in your professional capacity, i.e., those duties required of you as an employee of your school or school district. There is NO coverage for activities performed outside your professional capacity like those done on a volunteer basis or those conducted in a private business or private professional endeavor or those performed as an independent contractor.

Our liability coverage includes:

Professional liability coverage to protect your financial well-being in the event you are sued by a parent or student. Up to:

$1,000,000 per insured, per occurrence

$3,000,000 aggregate per insured, per policy contract period

$5,000 in bail bond availability for work-related criminal charges

$2,500 Assault Related Personal Property Damage Endorsement

Our legal protection plan includes:

Free access to PAGE In-House Attorneys

$10,000 in Employment, certification and work-related criminal defense to protect your career … with no upfront costs! (annual aggregate $20,000)

This general policy description is to provide information only to members and in no way alters or modifies the master policy on file with the Association.

B. Specific Coverage According to Membership Categories:

1. Professional Members:

· $1,000,000 of professional liability coverage (plus defense cost) when you are sued by a parent or student in relation to the performance of your duties on school grounds or off school grounds, subject to the exclusions noted in the policy.

· Up to $10,000 in criminal defense coverage, win or lose, when you are charged with a crime related to your duties.*

· Up to $10,000 in employment rights defense coverage when your employment rights have been violated.*

· Up to $10,000 in certification cases where the PSC attempts action against your certificate.*

· $5,000 bail bond reimbursement.

· $10,000 in Accidental Death insurance coverage.

· $2,500 for Assault Related Personal Property Damage

*for criminal, employment and certification coverage, the annual aggregate is $20,000 combined

2. Support Members:

(Important Note: Support membership is only valid while in a support position. A support member must upgrade to professional membership as soon as he/she moves into a professional position in order for coverage to remain.)

· Up to $10,000 in criminal defense coverage, win or lose, when you are charged with a crime related to your duties.*

· Up to $10,000 in employment rights defense coverage when your employment rights have been violated.*

· Up to $10,000 in certification cases where the PSC attempts action against your certificate.*

· $5,000 bail bond reimbursement.

· $10,000 in Accidental Death insurance coverage.

· $2,500 for Assault Related Personal Property Damage

*for criminal, employment and certification coverage, the annual aggregate is $20,000 combined

Important Note for Bus Drivers - PAGE does not represent bus drivers in traffic court. In cases involving the operation of a motor vehicle, bus drivers are covered by the school system’s fleet insurance policy. For professional liability policies, the standard insurance industry policy exclusions include operation of a motor vehicle. This exclusion is referenced in the PAGE policy and all other association policies. PAGE will; however, provide certain supplemental legal services to bus drivers in cases involving operation of a motor vehicle. For example, in accident cases resulting in death or serious injury, PAGE can assign an attorney to monitor the insurance and/or legal proceedings to provide ongoing oversight and communication to the member.

3. Student Members:

(Important Note: Student membership is only valid for student teaching and related field experiences. Student membership does not include coverage for any paid positions. Students must upgrade membership to professional or support in order to have any coverage while employed.)

· $1,000,000 of professional liability coverage when you are sued by a parent or student in relation to the performance of your duties on school grounds or off school grounds, while engaged in student teaching and related field experiences, subject to the exclusions noted in the policy.

· Up to $10,000 in criminal defense coverage, win or lose, when you are charged with a crime related to your duties.*

· $5,000 bail bond reimbursement.

· $10,000 in Accidental Death insurance coverage.

· $2,500 for Assault Related Personal Property Damage

*for criminal, the annual aggregate is $20,000

4. Retired Life, Retired and Friends of PAGE:

· None of the above stated coverage applies to these membership categories.