Sec. 12. (a) The President of Ball State University, the members of the Ball State University board of trustees, and any other officer or employee of Ball State University are immune from civil liability for actions taken by the governing body of the Muncie Community school corporation or any action taken under the authority of this chapter. This subsection does not apply to any officers or employees of the university insofar as they are acting as a member of the governing body of the school corporation.

     (b) The governing body of the Muncie Community school corporation may provide:

(1) for the defense of persons described in subsection (a) in any suit arising out of the performance of the person’s duties for, or employment with, the state educational institution, if the governing body, by resolution, determines that the action was taken in good faith; and

(2) for protecting any person described in subsection (a) from any liability, cost, or damage in connection with the performance of the person’s duties for, or employment with, the governing body, including the payment of any legal fees, except when the liability, cost, or damage is:

(A) predicated on, or arises out of, the bad faith of the person; or

(B) based on the person’s malfeasance in office or employment.

As added by P.L.213-2018(ss), SEC.22.