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UTAH EDUCATORS' RIGHTS PAMPHLET
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X. What To Do When Threatened With A Lawsuit Or Sued

  1. Advise your local president or UniServ director about the problem as soon as possible.
  2. Prepare a brief factual, but detailed, summary of the facts. Avoid statements of opinion or speculation. Be as objective as possible. Include names and addresses of witnesses. Do not allow anyone to see this summary until after it has been reviewed by your UniServ director or UEA.
  3. Verbally report the incident to your principal. Often your principal will ask for a statement. See 2 above.
  4. Make no statement indicating your guilt or responsibility. Do not discuss a matter with a parent or guardian where a student has been injured and you may be responsible. Obviously, you can say you're sorry the child was hurt, but do not accept blame. If the parent wants to know, say, "We're investigating. We'll let you know just as soon as possible." Contact your UniServ director immediately.
  5. Do not discuss an injury with the attorney for the other party except after having received advice from your UniServ director or the UEA attorney.
  6. If you are threatened with litigation or sued (civil):
    1. Call your UniServ director immediately. If s/he is not available, call UEA.
    2. Follow the requirements of the indemnification law described previously.
    3. Send a copy of the summons and complaint to your UniServ director.
  7. If you are about to be charged or are charged with a crime:
    1. Call your UniServ director immediately. If s/he is not available, call the UEA attorney.
    2. Do not discuss the issues involved with anybody except your attorney until otherwise advised.
    3. Do not provide the police, investigators, or the administration with any information until you have consulted an attorney. You have a right to legal counsel. Generally, both the police and the administration will allow you to consult an attorney before they proceed with the inquiry.
    4. Do not volunteer to take a polygraph test without first consulting an attorney.

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