THE UNIVERSITY OF MEMPHIS OPERATING PROCEDURE
SUBJECT: Reimbursement and Responsibility for the Loss or Damage
of University Property Due to Negligence
PROCEDURE NO.: 2D:01:05A DATE: December 1, 1988
SUPERSEDES PROCEDURE NO.: 2D:01:05A DATED: August 1, 1981
Purpose
To place responsibility for lost or damaged University property
so as to ensure accountability therefore, and to establish
appropriate procedures to obtain repair or replacement thereof;
and to ensure compliance with TN Board of Regents Policy when
sanctions are appropriate against an involved employee.
General
It is the responsibility of department chairman/activity heads to
advise students and employees that University property may be
used only for University purposes. Such property must be
safeguarded, maintained, and returned in the same conditions as
received with due consideration given to normal wear and tear.
Property lost or damaged through negligence will be paid for by
the person(s) determined to be responsible for such loss or
damage. Property lost or damaged wherein negligence is not a
factor will be repaired or replaced through normal budgetary
procedures. Costs of repairs to vehicles for which the University
is not reimbursed by the user (The U of M employee) or an
insurance company will be charged to the user's department.
In the interest of minimizing reporting procedures, no report to
the President and others, as set forth under paragraph 5 below,
will be required wherein the property value involved is $50.00 or
less.
Procedures
1. Department chairman/activity heads will notify the Security
Department of the loss or damage of University property within
24 hours of discovery of such loss. (Detailed instructions for
this notification are contained in University Procedure 2D:01:01H.)
2. Within 48 hours after notification that University property
has been lost or damaged, the Security Department will conduct
an investigation into the matter. This investigation will
normally be completed within a five working day period. Upon
completion, the Report of Investigation will be forwarded to
the department chairman/activity head concerned.
3. If after reviewing all facts, the department chairman/activity
head determines a person negligent, he will schedule a hearing
at which the concerned individual will have an opportunity to
rebut the alleged liability and present his/her case. This
review of the facts and conduct of any hearing should be
completed as soon as possible and normally within five working
days from receipt of the Report of Investigation.
4. A determination as to whether or not pecuniary liability
and/or other sanctions are justified will be made by the
department chairman/activity head after consultation with the
college dean/activity director and the vice provost or vice
president of the concerned division, as appropriate. This
determination will be based upon the facts established in each
case.
5. Regardless of whether or not pecuniary liability is determined
or other sanctions felt appropriate, a report must be made to
the appropriate dean/director with copies to the President,
concerned vice provost/vice president, Vice President for
Business and Finance, and the Director of Security and Safety
Services. This report will indicate the findings and dis-
position of the case and will contain a specific statement as
to whether or not recommendation contained in the Security
Department investigation report have been or will be imple-
mented.
6. If it is determined that the individual concerned is liable
for the loss or damage, the department chairman/activity head
will inform that person in writing as to the findings and that
he/she has five working days in which to either reimburse the
University or appeal the determination to the Vice President
for Business and Finance (see Appeals Procedure).
7. If reimbursement is not made within five working days and the
determination has not been appealed, the department chairman/
activity head will provide the Bursar with the following
information:
a. Name, address, and social security number of the person to
be billed.
b. Complete information concerning the indebtedness, i.e., a
description of the equipment/property lost or damaged,
The University of Memphis property decal number (if
applicable), other information pertinent to the loss, and
the amount to be collected.
This information will be used to set up indebtedness against the
person concerned as a University account receivable.
8. The Bursar's Office will submit a bill to the person concerned,
requesting payment. If the person is a student and the debt
is not paid within a reasonable time, the Bursar's Office will
inform the Records Office to place a hold on his/her records
(including registration materials) until payment is received.
If an employee fails to pay an assessed debt, the Bursar's
Office will notify the Associate Vice President for Finance who
will take appropriate action to obtain reimbursement from the
employee.
9. The department chairman/activity head through his/her area
vice provost/vice president are responsible for instituting
sanctions other than pecuniary liability when appropriate.
Penalties for Misuse of University Vehicles
1. In accordance with the Tennessee Board of Regents Policy,
employees who carelessly operate University vehicles that
result in damage to the vehicle or injury to persons or
property are subject to disciplinary sanctions, depending upon
the magnitude of the misuse and the frequency with which it
occurred.
2. Sanctions for misuse shall be as follows:
(a) Written reprimand or warning;
(b) Suspension without pay; or
(c) Dismissal.
Discipline of employee for misuse of University vehicles is the
responsibility of the employee's immediate supervisor. (See also
The U of M Operating Procedure No. 2D:02:06A)
Appeals Process
1. Individuals who have been determined to be liable and who wish
to appeal the decision shall make appeal by notifying the
concerned department chairman/activity head in writing within
the allocated five working days. Upon receipt of such
notification, the department chairman/activity head will
forward the complete file, including all records, evidence,
documents, and his recommendations, to the Vice President for
Business and Finance for review and appropriate decision.
After consideration of the facts, the Vice President for
Business and Finance will notify all concerned in writing as
to his findings. If he concurs in the determination of
liability, the concerned individual shall have five working
days in which to either reimburse the University or appeal the
determination in writing to the President for a final decision.
2. If reimbursement is not made within five working days and the
determination has not been appealed, the Vice President for
Business and Finance will provide the Bursar with the
information listed in paragraph 7a and b in order that he may
proceed with the collection process outlined in paragraph 8.
3. If the determination is appealed to the President, the Vice
President for Business and Finance will provide the President
with all appropriate files pertaining thereto. After review,
the President will convey his decision, in writing, to all
concerned. If a finding of liability is upheld, the Vice
President for Business and Finance will notify the Bursar who
will comply with paragraph 8 above.
4. Appeals for sanctions other than pecuniary liability shall be
handled in accordance with appropriate grievance and disci-
pline procedures.