Emerging Trends in the Management of Risks Associated with Student Life Legal Issues in Higher Education

2011

Kimberly Novak

NovakTalks, LLC

Twitter:

@NovakTalks

Student –Focused Risk Management

“While legal liability considerations are of course secondary to safety concerns legal issues are

important …” – Nolan VT 2011

Redefined Relationship

“The most universal source of (duties) is the legal principles that are developed & expressed over time by state court judges in the form of case law…” – Nolan VT 2011

Bonfire Commission Investigation Results

0Design problems0Personnel problems (students)0No proactive risk management plan for

student organizations0Cultural bias leading to organizational

“tunnel vision”

Next Steps - Critical and Strategic

0 TAMU accepts full responsibility for Bonfire - past, present and future.

0 Report = “Judicial decree”0 Risk management initiatives.0 Plan for future of Bonfire.

Review & Report on Resources0 It became very apparent while there is plenty of material available

on risk management, the vast majority of it deals with insurance.0 University Risk Management & Insurance Association (URMIA) –

Short survey with regards to proactive risk management resulted in seven responses of more than 500 members.

0 “I really do not know of anyone who has a really proactive risk management program in student affairs. I always cite TAMU for a crisis response team. As far as books and articles I have not seen any on this topic. There is a lot of ‘risk management’ stuff out there, but not what I think you are looking for.” From Donald D. Gehring – Bowling Green State University

Lessons Learned

0Large organizations tend to replicate performance – regular review and appropriate management are necessary

0If you think you cannot change the performance – you should

0Responsible people will make responsible decisions – we cannot tolerate those who are irresponsible

Developing a common language…

A proactive system of identifying potential risks or hazards associated with organizational events and activities; assessing the impact they may have on the organization and university community; deciding whether to accept the risks, modify the activities, or eliminate the risks altogether, to ensure successful accomplishment of student organizations and universities missions and goals.

Facilitator UniversityStudent/Institutional Relationship

A Facilitator University balances rights and responsibilities—it is neither extremely authoritarian nor overly solicitous of student freedom.

Importantly, a facilitator college seeks shared responsibility rather than allocating it unilaterally or not at all. Facilitation implies an appropriate and reasonable degree of risk.

Student Organization Pyramid

Sponsored

Affiliated

RegisteredShar

ed R

espo

nsib

ilitie

s Association with University

Criteria For Student Organization Determination

Responsibilities of the OrganizationSponsored

• Organization routinely represents the university.

• Organization is responsible for an event/activity that is considered a program of the university.

• Organization officially represents the university.

Affiliated• Organization is only

responsible for activities within the purpose of the organization.

• Activities are normally limited to its membership.

Registered• Organization is only

responsible for activities within the purpose of the organization.

• Activities are normally limited to its membership.

• Organization is critical to the mission and culture of the university.

• Advisor is a full-time employee designated by job description who must attend 15-20 hrs of training.

• High amount of risk for the university due to the activity of the organization.

• Mandatory training for student officers – 10-15 hours each year.

• Organization must appoint a risk management officer who develops an operations manual.

• Organization must carry additional liability insurance to cover membership and events.

Sponsored Organizations

Focus of Risk Management Shifts

0Develop and implement proactive risk mgmt manual

0Provide training for RM Coordinators

0Provide opportunity for RM to use each other as resources

FOCUS ONDepartment Operations

NOTStudent Activities

“A legal paradigm that prevents the educator or education administrator from performing (in their) role for fear of being sued, or which encourages a ‘look the other way’ attitude in situations where guidance or intervention is necessary to the student’s well-being, is seriously flawed” (Bickel and Lake, p. 168).

Many professionals are still transitioning out of the Bystander Era

Hot Issues 0 Minors on Campus0 Student Travel0 Study Abroad0 Major Campus Events 0 Service Learning Experiences0 Alcohol on campus0 Student Employees 0 Violence on campus

Key: Issues were not knew to RM conversations ~ rather a shift to considering the students involved in the events

Crisis Intervention & Prevention

0 US Department of Education shifting work contracts0 Threat Assessment Team Development0 Single –Actor incidents

Shifting Focus:Education and skill development for students that will

engage with these processes ~

Many still discuss risk management concepts in legal terms and in the legal paradigm – and NOT in a

language more familiar to themselves or their students.We have not yet shifted away from the language of policies, laws, and

compliance that originally shaped the risk management discussion…

As a result, students perceive risk management as policies/guidelines only and this has shifted their focus of risk

analysis.

Shifting FocusStudent education and resources shifting from

pure policy to safety education

Actions

0 Alcohol0 Other Drugs0 Sexual Assault0 Red Zone Safety0 Student Employee0 Minors on Campus0 Large Campus Events0 Student Travel

0 Data driven design0 Prevention Education0 Skill development

resources0 Student participation in

safety efforts0 Shifting response

systems0 Responsibility themes

Issues

Responsibility ThemesBystander Education1. Notice the Event2. See the Event as problem3. Feel responsible to act4. Have skills necessary to act

Amnesty Efforts “get out of jail free” -Vs.- social responsibility intervention

Trends on Your Campus?

“College administrators and campus law enforcement officers became motivated by fear of triggering legal liability and were encouraged to pursue strategies in their jobs that would minimize the risk of lawsuits but not necessarily reduce risk or injury. In short, the law encouraged the destruction of much of the student/university relationship outside the classroom.” ~ Bickel and Lake 1999

1. Large organizations tend to replicate performance – regular review and appropriate management are necessary2. If you think you cannot change the performance – you should3. Responsible people will make responsible decisions – we cannot tolerate those who are irresponsible