Are Coxswains, Crewmembers and involved OPFAC owner-operators protected from liability secondary to student injuries?
YES. Protection is present in exactly the same way as for any other mission under orders. The protection from potential liability is no less nor more than that afforded to the Auxiliarists and OPFAC owner-operators during any operational activity involving OPFAC and Crewmembers. If, for some reason, a participant in OWT sues an Auxiliarist, DOJ will defend the suit and, if a finding is in favor of the individual suing the government will pay the damages on behalf of the Auxiliarists involved and OPFAC owner. As in all such situations, the DOJ defense and government’s willingness to pay damages presupposes prudent, responsible behavior on the part of the Auxiliarists involved.
