Liability Claims

Liability
The campus, or any of its trustees, officers, employees, agents, and volunteers can be held liable for their actions, or lack of action, with respect to loss or damage to another person or another's personal property.  To reduce liability exposure, the campus has instituted specific policies, procedures and general practices in accordance with guidelines established by the Chancellor's Office.  As an agency of the State of California, the campus is also guided by specific laws, regulations, and requirements.

If a campus officer, employee, agent, or volunteer fails to follow the policies established by the campus, that individual may be held personally liable for their activities.  Each division of the campus is responsible for the development and implementation of policies and procedures relating to their area.  Policies and procedures may be found at:  Policies & Procedures Home.

Liability claim

To file a claim against California State University San Marcos for loss or damage, a Government Claim form must be completed and filed directly with the California Victim Compensation and Government Claims Board, formerly known as the State Board of Control.

Pursuant to State Law, claims relating to causes of action for death, injury to person, or personal property must be presented to the California Victim Compensation and Government Claims Board no later than six (6) months after the date of the incident.

The Government Claims (GC) Program resolves claims filed against the State of California as a result of a certain state government activity.  The program processes civil claims for money or damages filed against the state and presents claim recommendations to the Board regarding potential claim settlements.  The GC Program processes two (2) general types of claims:

  • Tort Claims in which the liability is established in law.
  • Equity Claims in which the state has no established liability.


Procedures for filing a Claim

  • Obtain a Government Claim form. Read the attached instructions carefully.
  • Complete all sections of the form relevant to your claim.
  • Attach or enclose any supporting documentation.
  • Photocopy the Government claim form and back up documentation for your records. To assist in expediting a determination on your claim, we ask that you send a copy of the Claim form and your supporting documentation to Risk Management & Safety, Attn: Risk Manager.
  • Mail your original claim form and copies of your supporting documents to the:

California Victim Compensation and Government Claims Board
Government Claims Division
P.O. Box 3035
Sacramento, CA 95812-3035

  • If you have any questions regarding your claim, contact the Government Claims Program directly at (916) 955-0045 or toll-free at (800) 955-0045.

It is a conflict of interest for the campus to assist someone in the completion of a claim against the State.

Resources

To obtain a VCGCB Claim Form (requires Adobe Acrobat Reader). If you would like additional information or resources, please visit The California Victim Compensation and Government Claims Board website.  You may also call either (800) 955-0045 or (916) 955-0045 to request a form or obtain assistance