Repository: UIHistories Project: Board of Trustees Minutes - 1986 [PAGE 215]

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204

BOARD OF TRUSTEES

[March 21

2. The terms "University," "employer," and "board" shall mean The Board of Trustees of the University of Illinois, a public corporation. 3. The term "injury" shall mean physical damage to or destruction of tangible property, bodily or mental injury, sickness or disease, including death, to which the plan applies and resulted from an "occurrence" in the conduct of University business. The term "injury" shall not be deemed to mean intentional torts. 4. The term "personal injury" means damages to which the plan applies sustained by any person or organization and arising out of one or more of the following committed in the conduct of University business. a. false arrest, detention or imprisonment, or malicious prosecution b. the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy c. wrongful entry or eviction, or other invasion of the right of private occupancy d. sexual harassment, humiliations, or discrimination e. infringement of copyright, title, or slogan f. plagiarism, piracy, or unauthorized use of materials g. advertising, broadcasting, telecasting, or publishing activities h. unfair competition i. false or improper service or process j . violation of property rights k. violation of a civil or constitutional right. [d. discrimination on the basis of race, creed, color, national origin, religion, sex, age, handicap, or status as disabled veteran or veteran of the Vietnam Era.] 5. The term "damages" shall mean any monetary consideration approved under the plan for payment to a claimant or the amount of a final judgment awarded to a claimant by a court of competent jurisdiction, including but not limited to money, services, and waiver of amounts payable from patients and others who receive University services, but excluding [fines, penalties and exemplary or punitive awards,] payments of back pay for service rendered, fines, and payments which are contrary to public policy. 6. The term "occurrence" shall mean any incident or accident while the plan is in effect, including continuous or repeated exposure to conditions, which results in an "injury" or "personal injury" not expected or intended from the standpoint of the covered person. [7. The term "professional services" shall mean the services of an accountant, architect, attorney, counsellor, dentist, engineer, nurse, pharmacist, physician, psychiatrist, psychologist, surgeon, surveyor or veterinarian while he or she is acting as an "officer of the board" or "agent" or "employee" (not independent contractor) of the University, and the University's delivery of health care services through the operations of the University hospitals, clinics, dispensaries, and infirmaries.] 7. The term "University services" shall mean services, including health care, performed directly for a person or organization by the University or by a member of the board, officer of the board, employee or agent of the University, while acting within the scope of his or her University duties. 8. The term "claimant" shall mean any person, organization, corporation, or unit of government making claim against a covered person on a cause of action which resulted from an occurrence or arose out of the rendering of or failure to render [professional] University services.