Risk Management

1
Risk Management Legal Issues for Student
Organizations

• Student Organization Summit Fall 2008

2
Why This Training?

• In 2007, the Texas legislature passed a bill
  mandating risk management training for student
  organizations
• Baylor University is legally obligated to provide
  this training to student organizations, beginning
  Fall 2008
• The information provided through this training
  will be beneficial to you and your organization!

3
RISK MANAGEMENT Legal issues

• NEGLIGENCE
• Occurs when someone has a duty to another person,
  breaches that duty, and the other person suffers
  harm as a result
• Example You host an event, someone is injured,
  and it can be proved that the injury was due to
  your failure to provide safeguards for a known
  safety risk associated with the activity

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RISK MANAGEMENT Legal issues

• LIABILITY
• Refers to legal responsibility. Liability can be
  assumed by
• Your organization
• Your advisor(s)
• Your members
• You as an individual
• The University

5
RISK MANAGEMENT Legal issues

• LIABILITY NEGLIGENCE
• What can you do to minimize (manage) your risks?
• Take great care (and document it!) when
  conducting the event and note all precautions
  taken
• Check to see if your organization has insurance
  be aware of what is covered

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RISK MANAGEMENT Legal issues

• LIABILITY NEGLIGENCE
• What can you do to minimize (manage) your risks?
• Produce properly drafted waivers for all
  participants to sign prior to event
• Train participants and provide instruction
  regarding potential dangers associated with your
  event

7
RISK MANAGEMENT Legal issues

• CONTRACTS
• Get ALL agreements in writing and have them
  signed by the proper entities (a.k.a. people!)
• Ensure that all agreements are complete and
  accurate READ every word of every agreement
• Ensure that agreements/contracts include what
  happens if provisions

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RISK MANAGEMENT Legal issues

• CONTRACTS
• Ensure that you have safeguards in place within
  your own policies as to who can obligate the
  organization
• Do not, under any circumstances, represent to
  third parties that you represent Baylor University

9
RISK MANAGEMENT Legal issues

• HAZING
• Any intentional, knowing or reckless act,
  occurring on or off campus, by one person alone
  or acting with others, directed against a
  student, that endangers the mental or physical
  health or safety of a student for the purpose of
  pledging, being initiated into, affiliating with,
  holding office in, or maintaining membership in
  an organization at Baylor.

10
RISK MANAGEMENT Legal issues

• HAZING
• How do I know if this is hazing?
• Ask yourself the following questions
• Does the activity add to the worth and growth of
  the individual?
• Would you be willing to invite your advisor to
  the activity?
• Would you be willing to invite the President of
  the University to the activity?
• Would you be willing to invite the parents of the
  member to the activity?

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RISK MANAGEMENT Legal issues

• HAZING
• How do I know if this is hazing?
• Ask yourself the following questions
• Can new members and initiated members participate
  equally?
• Can this activity be written into your new member
  education notebook/manual and shared with other
  organizations?
• If you answered No to any of these questions,
  there is a chance the activity could be
  considered hazing! Dont do it!

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RISK MANAGEMENT Legal issues

• HAZING
• Penalties for hazing offenses
• For individuals
• For committing an act of hazing Fines ranging
  from 2,000 to 10,000 and/or jail time for up to
  two (2) years
• For failing to report an incident of hazing
  Fines up to 2,000 and/or jail time for up to 180
  days
• University sanctions/disciplinary action
  including suspension, expulsion, etc.
• Other criminal penalties may apply

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RISK MANAGEMENT Legal issues

• HAZING
• Penalties for hazing offenses
• For organizations
• Fines ranging from 5,000 to 10,000 or more
• University sanctions/disciplinary action
  including suspension, expulsion, etc.
• Other criminal penalties may apply

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RISK MANAGEMENT Legal issues

• HAZING
• What Can You Do?
• Be proactive!
• Dont wait for a problem to develop! Take steps
  now to protect your organization and your
  members!
• As a leader in your organization, you have an
  opportunity to be a voice of strength and
  integrity. Stand up for your members and make
  public commitments to eliminate hazing from your
  organization!
• Emphasize positive programming! Promote those
  events and activities that build up your members.

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RISK MANAGEMENT Legal issues

• HAZING
• What Can You Do?
• Educate your new and active members!
• Be sure to provide information as to what should
  and should not be occurring throughout the new
  member education experienceand what to do in the
  event that something out of the ordinary occurs!
• Confront inappropriate behavior among your
  members
• Change is always hardbut change for the better
  is always a good idea!

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RISK MANAGEMENT Legal issues

• HAZING
• What Can You Do?
• When problems do arise, take corrective action!
• Report the issue(s) to Student Activities or
  Judicial Affairs as soon as possible
• Follow your organizations policies and
  procedures to confront members behavior

17
RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• One of the most predominant judicial issues we
  face at Baylor is violations of the institutions
  alcohol policies and violations of state and
  federal law related to underage alcohol
  consumption

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RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• For minors who purchase, attempt to purchase,
  possess, or consume alcoholic beverages, etc.,
  penalties include
• Class C misdemeanor, including fines up to 500
• Alcohol awareness classes
• 20-40 hours of community service

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RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• For minors who purchase, attempt to purchase,
  possess, or consume alcoholic beverages, etc.,
  penalties include
• 60 days suspension of drivers license on first
  offense for subsequent offenses, penalties can
  include fines from 500-2,000, jail time for up
  to 180 days, 180-day suspension of drivers
  license

20
RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• For minors who purchase, attempt to purchase,
  possess, or consume alcoholic beverages, etc.,
  penalties include
• University sanctions may include suspension,
  expulsion, mandatory alcohol awareness training,
  loss of organizational membership, etc.

21
RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• For adults and minors who sell or make alcohol
  available to a minor, penalties include
• Class A misdemeanor, including fines up to 4,000
  and/or jail time for up to one (1) year
• Automatic suspension of drivers license for 180
  days
• University sanctions may include suspension,
  expulsion, mandatory alcohol awareness training,
  loss of organizational membership, etc.

22
RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• What Can You Do?
• Have written policies consistent with the law and
  Baylors policies regarding alcohol and illegal
  drugs
• Inform your members of possible consequences for
  their behavior
• Enforce your own rules have a zero-tolerance
  attitude

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RISK MANAGEMENT Legal issues

• ALCOHOL ILLEGAL DRUG OFFENSES
• What Can You Do?
• Have your advisor(s) present at all functions
• Know what is considered an organizational
  event/function!

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RISK MANAGEMENT Legal issues

• FIRE SAFETY AND USE OF FIREARMS
• What Can You Do?
• Ensure that all facilities utilized by your
  organization (for one-time events/activities
  and/or ongoing use) meet all local fire and
  health codes and standards
• Baylors Fire Marshall can aid you in determining
  if a facility is up to code!
• Post emergency numbers for fire, police (both
  Baylor and Waco), and ambulance near all phones
  and exits

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RISK MANAGEMENT Legal issues

• FIRE SAFETY AND USE OF FIREARMS
• What Can You Do?
• Never exceed the posted maximum occupancy of any
  facility used by the organization
• Ensure that all smoke alarms are functioning in
  all facilities used by the organization
• No smoking inside any campus facilities
• Ensure that all exits remain clear for easy
  access and escape
• Ensure that fire extinguishers are available and
  easily accessible

26
RISK MANAGEMENT Legal issues

• FIRE SAFETY AND USE OF FIREARMS
• What Can You Do?
• The possession and/or use of firearms, other
  weapons, and/or explosive devices is strictly
  prohibited on Baylors campus.
• Educate your members about this policy and
  confront members who violate it! Report any
  violations immediately to Student Activities
  and/or Judicial Affairs

27
RISK MANAGEMENT Legal issues

• SEXUAL ABUSE AND HARASSMENT
• Sexual harassment is unlawful discrimination
  prohibited by Baylors Civil Rights Policy
• Sexual harassment is considered discrimination
  and can constitute unlawful discrimination in the
  terms, conditions, and privileges of education or
  employment. Such harassment is not tolerated at
  Baylor University and may violate federal and
  state law.

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RISK MANAGEMENT Legal issues

• SEXUAL ABUSE AND HARASSMENT
• In general, sexual harassment becomes unlawful
  under the following circumstances
• Sexual harassment is a form of gender harassment
  based upon conduct of a sexual nature. Unwelcome
  sexual advances, requests for sexual favors, and
  other verbal or physical conduct of a sexual
  nature constitute sexual harassment when

29
RISK MANAGEMENT Legal issues

• SEXUAL ABUSE AND HARASSMENT
• Submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment or education,
• Submission to or rejection of such conduct by an
  individual is used as the basis for employment or
  education decisions affecting such individual, or
  
• Such conduct has the purpose or effect of
  unreasonably interfering with an individuals
  work performance or creating an intimidating,
  hostile, or offensive working or educational
  environment.

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RISK MANAGEMENT Legal issues

• SEXUAL ABUSE AND HARASSMENT
• What Can You Do?
• Develop a formal policy for your organization
  that presents a zero-tolerance policy toward any
  form of sexual abuse and/or harassment
• Educate your members about inappropriate behavior
  including verbal harassment and physical and
  sexual assault
• Confront inappropriate behavior according to your
  organizations policies and constitution

31
RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• The Department of Student Activities recognizes
  events and activities that meet any or all of the
  following criteria as being student
  organizational activities
• Events or activities paid for by student
  organizational funds
• Events or activities approved by the Department
  of Student Activities via the Online Event
  Registration Form

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RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• The Department of Student Activities recognizes
  events and activities that meet any or all of the
  following criteria as being student
  organizational activities
• Events or activities that use the Baylor
  University name or trademarks in the event or
  activity advertising and/or marketing
• Events or activities which serve as recruitment
  activities for the student organization

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RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• It is important to understand that when dealing
  with allegations of student organization
  violations, the University defines a
  "university-related activity" as follows  
• A "university-related activity" is any activity
  sponsored by the University or by any
  organization recognized by the University.

34
RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• The degree to which an organization is
  responsible for the activity of its members is
  not necessarily dependent upon the number of
  members engaging in the activity, but depends
  upon whether the activity is related to the
  organization as described in the two categories
  listed below. Student organizations may be held
  responsible for the acts of individual members

35
RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• when the acts grow out of, or are directly
  related to, the student organization's activities
  or an environment created or knowingly permitted
  by the organization or

36
RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES
• What is considered an organizational activity
  and/or event?
• when a member of an organization is violating
  local, state, or federal law or University
  regulations and other members present, by failing
  to discourage such activity, tacitly condone the
  behavior. In addition to the group being held
  responsible, members and officers may also be
  held responsible as individuals for their roles
  in any violation of University policy.

37
RISK MANAGEMENT Legal issues

• ORGANIZATIONAL ACTIVITIES MEMBER BEHAVIOR
• It is critical to understand that the
  organization and its leaders can be held
  responsible for member behavior at organizational
  activities and events
• Clearly articulate to members the organizations
  and Universitys expectations for behavior
• Help members understand that their behavior
  reflects on the organization and University

38
RISK MANAGEMENT Legal issues

• TRAVEL FOR ORGANIZATIONAL BUSINESS AND/OR EVENTS
• Baylor University travel policy supersedes
  organizational travel policy (including national
  and/or regional affiliate policies) except when
  an organizations policy is more restrictive than
  the Baylor University travel policy.

39
RISK MANAGEMENT Legal issues

• TRAVEL FOR ORGANIZATIONAL BUSINESS AND/OR EVENTS
• Students traveling for organizational business
  and/or events may use the following chart to
  determine the appropriate form of transportation
  necessary

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RISK MANAGEMENT Legal issues
Miles from Baylor University Campus 1-49 Miles 50-100 Miles 101 Miles
Number of Organization and/or Guest Participants
1-25 Participants Personal Vehicles Personal Vehicles Commercial and/or chartered vans
26-50 Participants Personal Vehicles Personal Vehicles Commercial and/or chartered vans
51 Participants Personal Vehicles Commercial and/or chartered vans Commercial and/or chartered vans
41
RISK MANAGEMENT Legal issues

• ADOPTION OF RISK MANAGEMENT POLICIES BY STUDENT
  ORGANIZATIONS
• Student organizations are strongly encouraged to
  adopt a formal risk management policy
• Risk management policies should address the
  following student organization risks
• Possession and use of alcoholic beverages and
  illegal drugs, including penalties that may be
  imposed for possession or use
• Hazing
• Sexual abuse and harassment

42
RISK MANAGEMENT Legal issues

• ADOPTION OF RISK MANAGEMENT POLICIES BY STUDENT
  ORGANIZATIONS
• Student organizations are strongly encouraged to
  adopt a formal risk management policy
• Risk management policies should address the
  following student organization risks
• Fire and other safety issues, including the
  possession and use of a firearm or other weapon
  or of an explosive device
• Travel
• Member behavior at student organization events

43
RISK MANAGEMENT Legal issues

• ADOPTION OF RISK MANAGEMENT POLICIES BY STUDENT
  ORGANIZATIONS
• Student organizations are strongly encouraged to
  adopt a formal risk management policy
• Samples of risk management policies are available
  following this session

44
RISK MANAGEMENT Legal issues

• YOUR RESPONSIBILITY FROM HERE
• Under the new state law, you have the
  responsibility to report the risk management
  information you have learned today to your
  organization's general membership.
• Ensure that you provide this information in a
  thorough and timely manner to your members!
• Thanks!

45
RISK MANAGEMENT Legal issues

• Please contact the Department of Student
  Activities for more information or if you have
  any questions regarding risk management issues.
• 254-710-2371
• Karin_Klinger_at_baylor.edu