RISK SENSE:Developing and Managing

International Education Activities

with Risk in Mind

June 1, 2010

What scares you most in your job?

IETP - 2008

PART I: THE CONCEPTS

‘Hazard’ is an activity or technology [or circumstance] that poses a threat to humans and what they value.

Ross, 1999

What is a Hazard?

Risk is the uncertainty embodied in any event that threatens to do harm to a person or an organization and their property.

Mitchell and Myles, 2009

What is Risk?

We can measure the extent of this risk (low or high) by considering both the probability of something negative happening and the severity of the outcome.

Measuring Risk

IETP - 2008

IETP - 2008

What are you more afraid of, sharks or vending machines?

Why? Can you name other perceived risks that

can/have caused problems for institutions?

Use education to manage perceived risks and policy to manage real risks.

Real vs. Perceived Risk

Perception Of Risk

Deg

ree o

f R

isks

Age of Person

<--- Perceived Risk

<--- Measurable Risk

What is the difference between Negligence and Liability

Liability is the legal responsibility resulting from a

wrongful action (or inaction). When liability is assessed to an individual or organization, damages may be awarded to the injured party as remedy for the injury.

Negligence is one kind of liability to understand negligence we must

understand our duties

Our Duties

Duty of Care

Standard of care

Fiduciary duty

You have duty to someone if you have a relationship with them (legally speaking of course)

Duty to determine any foreseeable hazards and guard against them.

Duty of Care

The standard of care depends on the nature of the relationship

What hazards are reasonably foreseeable? Think of what could go wrong during your program. If you can reasonably anticipate a problem, then think of ways to prevent or respond to it. [reasonable person]

What is the industry standard for these kinds of programs and activities?

How is standard of care determined?

Fiduciary duty

Fiduciary duty is the duty you owe when you are in a special relationship when you are in a position of trust

Special relationship with the student In loco parentis

Liabilityis the legal responsibility resulting from a

wrongful action (or inaction).

NegligenceIs one kind of liability

Meanwhile Back At Liability…

Test for Negligence

When the courts are trying to determine negligence a four part test is used. For a party to be negligent all of the following must be true:

1. Was there a duty of care i.e., a relationship?

2. Was the standard of care not met?3. Causation – Were the defendant’s

actions (or inactions) the cause of the injury?

4. Damages – Did the plaintiff suffer a loss related to the injury?

But what if…

But what if…

The courts may well find that the negligence was shared and will determine the percentage of responsibility and award monies based on the determination of shared responsibility.

Shared Negligence

Let’s try our hand at determining if the institution was negligent.

IETP - 2008

The Cold River Board received signed contracts from all parents indicating that their students could participate in various outdoor activities on specific days. During the tobogganing trip an international student was hit by a snow board and hurt. Was the Board negligent?

IETP - 2008

Scenario 1

The Tumble Weed Board carried out criminal checks on all of their host families and once cleared required them to act as custodians for their home stay students. During the term a student indicates that her homestay father has abused her. Was the Board negligent?

IETP - 2008

Scenario 2

The Timber Bay Board has a student

who has been with them for 2 years under custodianship. On his 18th birthday he decides to do some back country hiking with friends from another school without informing his institutional custodian. He falls and is paralyzed. Was the Board negligent? Can the custodian be held personally responsible?

IETP - 2008

Scenario 3

The Lone Wolf Board has signed an

agreement with a school in China which stipulates that 20 students will come each year for 9 months of language training. One student has mental health problems that cause disruptive behaviour. The Board refuses to accommodate the student in its regular classes and demands that its partner repatriate the student. Is the Board negligent?

IETP - 2008

Scenario 4

Are you personally liable if you make wrong decisions in your work?

Employer is vicariously liable for the actions of their employees for actions committed in the course of their employment.

Individual liability

is an intangible asset of an institution based on its reputation or relationship with others.

In the world of business goodwill can be given a monetary value but in our educational institutions the term goodwill is most likely to refer to the willingness to compensate another party in order to maintain a relationship even when the institution may not be responsible for the situation.

Goodwill

Obligations set out in various federal and provincial acts

Occupational health and safety act Environmental standards Federal Employment standards Privacy of information Access to information Human rights Insurance requirements Duty to report child abuse Liability as an occupier - statutory regulations which

determine duty of owner/occupier

Statutory Obligations

What are your contracts?

Course calendar Employee agreements Terms of Participation Partnership agreements Brochures & advertising Website contents Job descriptions Exchange application form

Contact Law

PART II: PUTTING RISK MANAGEMENT INTO PRACTICE IN INTERNATIONAL EDUCATION

Definition

‘Risk Management’ is a discipline for dealing with uncertainty.

White, Patterson and Herman. 1998

Meet moral and legal obligations re health and safety of participants – both international and study abroad.

Raise Awareness around Risks and Responsibilities of ”field activities” including community work.

Manage risks inherent in “field activities” and to deal effectively with emergencies.

Risk Management Goals

Risk avoidance removes the risk factor by stopping all involvement in a certain activity.

For example, home stay programs have a certain risk because of the institution’s inability to control the home environment into which students are placed.

Risk mitigation changes the nature of the activity and/or its surrounding circumstances

so that the risk is reduced or consciously managed.

Risk retention means simply that the institution continues to offer an activity knowing

that there are risks associated with it.

Risk transfer is a commonly used means of managing risk. The institution transfers all

or part of the responsibility for the care of the activity to another organization or service provider.

Approaches to Risk Management

Waivers Informed consent Terms of Participation & Code of Conduct Indemnification Disclaimers Doing your duty – pre-departure orientation

etc. Education Good will

What tools do we have to protect us from liability?

Using the situations that have been handed out, please discuss the scenarios and describe how you would mitigate the risks involved.

Exercise

Case Study 1

The Rumble Fish Board has a program that is failing to keep the students engaged especially after they become 18. The students are spending their time playing video games, skate boarding, associating with street people, and in some cases leaving the school and working at the local fast food restaurant. What steps can be taken to mitigate the risks the situation raises for the Board?

IETP - 2008

From time to time a student must be removed

from a program in the Red Pepper Board because of behaviour problems. When counseling and disciplinary action fail the student is placed on a plane and sent back home. The fear is that a student may not actually depart Canada but remain in the country illegally. There is also a concern that such actions will hurt the reputation of the school and possible incur legal action by the student’s parents. What steps can be taken to mitigate the risks that the situation raises for the Board?

IETP - 2008

Case Study 2

The Bucking Horse School Board has a spring

field trip to Kanchanaburi in Thailand every year. This year all of the tickets and preparations were complete when the political unrest broke out. There is a flight directly to Kanchanaburi via Malaysia. The field trip site is not affected by the situation. In spite of the DFAIT warning should they continue with the trip using the alternate route? What steps can be taken to mitigate the risks of this situation happening again?

IETP - 2008

Case Study 3

The After Thought School Board has signed a

Memorandum of Agreement with a school in Pakistan to receive 50 students per year for IB studies. After the first year it has become clear that both the students’ academic preparation and their English language competence are below what was stipulated in the memorandum. The partner sent documentation to the contrary. With the cost of the project escalating, the Board has decided to cut back on the student support in other areas to keep the profit margin secure. What does the Board risk in taking this course of action? How can these risks be mitigated?

IETP - 2008

Case Study 4

Common-sense Tips For Promoting Safety In Study Abroad (Thomas Butcher, Grand Valley State)

IETP - 2008

1. Do the right thing.2. Do something rather than nothing.3. Consider what a reasonable person would do, and carry it

out.4. Consider what can go wrong, before a program/student

departs/arrives.5. Disclose the dangers of a program/destination.6. Obtain signed waivers (informed consent).7. Don’t adopt policies/procedures that you can’t/won’t enforce.8. Prepare program directors and participants.9. Involve/educate your campus

quic.queensu.ca/resource/riskresponsibility.asp