Wash. Rev. Code » Title 28B · Chapter 28B.10
Revised Code of Washington

Wash. Rev. Code § 28B.10.842 (2026)

✓ current as of May 2026
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Whenever any action, claim, or proceeding is instituted against any regent, trustee, officer, employee, or agent of an institution of higher education or member of the governing body, officer, employee, or agent of an educational board arising out of the performance or failure of performance of duties for, or employment with such institution or educational board, the board of regents or board of trustees of the institution or governing body of the educational board may grant a request by such person that the attorney general be authorized to defend said claim, suit, or proceeding, and the costs of defense of such action shall be paid as provided in RCW 4.92.130. If a majority of the members of a board of regents or trustees or educational board is or would be personally affected by such findings and determination, or is otherwise unable to reach any decision on the matter, the attorney general is authorized to grant a request. When a request for defense has been authorized, then any obligation for payment arising from such action, claim, or proceedings shall be paid from the liability account, notwithstanding the nature of the claim, pursuant to the provisions of *RCW 4.92.130 through 4.92.170, as now or hereafter amended: PROVIDED, That this section shall not apply unless the authorizing body has made a finding and determination by resolution that such regent, trustee, member of the educational board, officer, employee, or agent was acting in good faith.
[ 1999 c 163 s 7; 1975 c 40 s 4; 1972 ex.s. c 23 s 2.]

Notes:

*Reviser's note: RCW 4.92.140 and 4.92.170 were repealed by 1989 c 419 s 18, effective July 1, 1989.
Effective date—1999 c 163: See note following RCW 4.92.130.
Liability coverage of university personnel and students: RCW 28B.20.250 through 28B.20.255.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1995–2023 · leading case: Kleyer v. Harborview Med. Ctr., 887 P.2d 468 (Wash. Ct. App. 1995).
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Kleyer v. Harborview Med. Ctr., 887 P.2d 468 (Wash. Ct. App. 1995). “See RCW 28B.10.842; RCW 28B.10.844; RCW 4.92.”
Washington State Univ. v. Factory Mut. Ins. Co. (E.D. Wash. 2021). “130; RCW 28B.10.842. The second factor weighs in favor of finding 4 WSU as an arm of the State where courts have found that higher education serves 5 an essential government function.”
The Bd. of Regents of the Univ. of Washington v. Employers Ins. Co. of Wausau (W.D. Wash. 2023). “See RCW 28B.10.842 (legislature established liability fund from which 5 payments against institutions of higher education are made).”
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