VSPA Foundation Legal Benefits
The Association will provide access to association counsel for civil claims, criminal investigations, charge of criminal conduct or administrative grievances under certain circumstances.
Exclusions
Legal defense coverage described herein for occurrences does not apply for the following:
- Occurrences where the member admits to criminal conduct or, after evaluation by Association counsel, it is determined that sufficient evidence exists that the member committed a crime, as determined by Association counsel.
- Events not arising within the scope of employment including interpersonal disputes between employees of the Department or other agencies or branches of government.
- When, as determined by and in the sole discretion of Association counsel, the member has committed an intentional, deliberate criminal or civil wrong, including within administrative matters.
- When no direct law enforcement action has been taken on the part of a member, except as provided in para. 5(a)(2). This includes allegations of vicarious liability and respondent superior.
- General orders or management decisions concerning the procedural operation of the Department, or the validity of any discipline, termination, promotion where there is no direct effect on a complaining member.
Denial of legal defense benefits – instances include:
- A member’s failure to remain in good standing from the time of the occurrence until the resolution of the representation.
- A member’s failure to cooperate in the member’s defense.
- When a member, represented for covered occurrences, attempts to respond to claims, present defenses, amend responses or otherwise act independently contrary to the representation.
- A member’s failure to remain truthful during the representation of an occurrence.
- Any violation of the terms of this policy.