The State cannot extend its immunity into Federal court or courts of other states. The immunity provision is also valid only for civil lawsuits, not criminal charges. The Court of Claims located in Columbus, Ohio is the judicial body responsible for determining whether immunity is granted. If all the foregoing qualifications and situations for immunity are met, a lawsuit against an individually named employee will be dismissed and the name of Bowling Green State University will be entered as a defendant in place of the employee. The employee will still have to participate in the lawsuit but the employee will not be personally named as a defendant.
Indemnification means to protect against a financial loss or provide repayment for a loss.
The qualifications for indemnification are somewhat broader than the qualifications for immunity. Indemnification is provided not only for actions taken in the courts of the State of Ohio but also Federal courts and courts of other states. Like the immunity provision, indemnification may be granted to a BGSU employee unless the employee's action was manifestly outside the scope of employment, malicious, in bad faith or wanton and reckless. Furthermore, BGSU normally cannot indemnify for punitive damages that may be levied against an employee. This restriction follows a general insurance principle of not providing coverage for illegal activities, fines or penalties.