CTX Student Organization Risk

Management Training

2018-2019

Meredith Heathcoat

Director of Student Activities

LEGAL, RISK MANAGEMENT & COMPLIANCE - V1.2017

• Provide an overview of Risk Management to

Advisors and Student Organization Leaders as

required by Texas Education Code 51.9361.

• Identify high risk behaviors that student

organizations may confront in activities.

• Implement methods to reduce or eliminate these

risks.

• Review penalties and resources to manage

risks.

Purpose of this Training

• Management is the process of considering the

potential and perceived risk involved in student

activities.

• The assessment of these student activities to

implement proactive steps and corrective action

to minimize accidental injury, loss, liability and

negligence.

What is Risk Management?

This process involves the reduction, elimination

and/or transfer of risk.

1. Identify potential risky behavior or activities.

2. Assess the probability of bad outcomes.

3. Identify and implement risk management

strategies to eliminate or reduce the risk.

4. Reassess the behavior/activity after the risks

have been managed.

Risk Management Process

• Alcohol

• Illegal Drugs

• Hazing

• Sexual Abuse & Harassment

• Fire & Safety Issues

• Behavior at Parties & Other Events

• Travel

High Risk Behavior & Activities

CTX Risk Management & Insurance Matrix

Alcohol• Alcohol is a legal, controlled substance that lowers anxiety and inhibitions.*

• Alcohol is a central nervous system (CNS) depressant, so it slows down mental and bodily processes.*

• It also has a broad range of side effects, from loss of coordination to slurred speech.*

• Alcohol is commonly consumed as a drink in various forms, including beer, wine and hard liquor.*

• Because alcohol is legal and widely accepted in society, it can be hard to tell the difference between casual use and abuse.*

• Some of the negative consequences of alcohol use and abuse include:*

• Physical harm or illness

• Strained relationships

• Problems at school / work

• Financial difficulty

*References: https://www.addictioncenter.com/alcohol/

Alcohol: CTX Policy• Concordia University Texas abides by all federal, state, and local laws or ordinances regulating the sale,

possession and use of alcoholic beverages at any event sponsored or hosted by the university.*

• CTX Student Organization Policy on Alcohol protocols apply at all times for main campus, remote centers, and off-campus events:

“C. Alcohol:

a. Students are expected to comply with all state and local laws.

b. Students are expected to comply with all Concordia University Texas policies regarding the presence of alcohol on campus or while in the course of Concordia University Texas business.

c. Possession or consumption of alcohol by anyone under the age of 21 is prohibited.

d. Providing alcohol or access to alcohol to anyone under the age of 21 is prohibited.

e. Violating any provision of the Student Code of Conduct while under the influence of alcohol constitutes a violation of this policy.

f. Common containers (e.g. kegs) are prohibited on campus.

g. Amnesty: in certain circumstances, students may qualify for amnesty. Determinations regarding amnesty are made by the Associate Vice President-Student Life/Dean of Students or designee.”**

References:

*Concordia University Texas, Policy on Alcohol and Other Drugs

**Concordia University Student Handbook

http://www.concordia.edu/sitefiles/w3/successcntr/CTX_Student_Handbook_Update_2017-2018.pdf pp. 5-6

**CTXPD - Annual Campus Crime Statistics and Fire Safety Report

http://www.concordia.edu/resources/campus-police/annual-campus-crime-statistics-and-fire-safety-report/ pp. 27-29

Alcohol: CTX Policy

• Social events on campus hosted by student organizations and intended primarily for a student audience are not allowed to serve alcohol.*

• For campus residents who are of legal drinking age, the use of alcoholic beverages in the residence halls is permitted under conditions set forth in Student Policies and subject to the standards of the Student Code of Conduct.*

• Alcoholic beverages may not be sold on campus. Accountability systems, such as tickets or vouchers along with bartender assessment upon consumption may be used as a means of controlled distribution.*

References: *Concordia University Texas, Policy on Alcohol and Other Drugs

Concordia University Student Handbook

http://www.concordia.edu/sitefiles/w3/successcntr/CTX_Student_Handbook_Update_2017-2018.pdf

Alcohol: Statistics

• Alcohol and College Students:

– Prevalence of Alcohol Use:

• Prevalence of Drinking: In 2014, 59.8 percent of full-time college students ages 18–22

drank alcohol in the past month compared with 51.5 percent of other persons of the

same age.

• Prevalence of Binge Drinking: In 2014, 37.9 percent of college students ages 18–22

engaged in binge drinking (5 or more drinks on an occasion) in the past month

compared with 33.5 percent of other persons of the same age.

– Consequences—Researchers estimate that each year:

• 97,000 students between the ages of 18 and 24 report experiencing alcohol-related

sexual assault or date About 1 in 4 college students report academic consequences

from drinking, including missing class, falling behind in class, doing poorly on exams or

papers, and receiving lower grades overall.

References:

*The National Institute on Alcohol Abuse and Alcoholism (NIAAA)

https://www.niaaa.nih.gov/alcohol-health/overview-alcohol-consumption/alcohol-facts-and-statistics

Alcohol: Managing Risks

• Alcohol should not be the focus of your social activity.

• Recognize that you and others have the right to abstain from drinking; always respect your friends’ decision and support it when they choose not to drink.

• Remember that drinking age laws and campus policies should be taken seriously and you may face negative consequences if you drink underage.

• Do not allow an intoxicated person to drive.

• Know that how fast you drink, your weight, the type of beverage you drink, and whether or not you have eaten will impact how alcohol affects you and your behavior.

Alcohol: CTX Penalties

• Intoxication or abuse is not permissible. Alcohol related incidents should be reported to CTXPD.*

• Violations of University policies and regulations are normally addressed through the University Judicial System by the Director of Residential Life and/or the Dean of Students for sanctions and discipline.

References:*Concordia University Texas, Policy on Alcohol and Other Drugs

• Disciplinary sanctions may be imposed upon student organizations when they have been found responsible for violating the Student Code of Conduct. All sanctions may be imposed either individually or in combination. Disciplinary sanctions are imposed for the purpose of holding student organizations and their membership accountable for their actions and the actions of their guest(s), whether on campus or at any organization sponsored function.

• Alcohol violations could result in the following sanctions under the judicial process:– Expulsion

– Suspension

– Probation

– Conditions/Restrictions

– Fines/Restitution

– Permanent Revocation of Organizational Registration

Alcohol: CTX Penalties

Alcohol: Criminal Penalties

• Driving While Intoxicated

– The Legal Limit. The legal limit for intoxication in Texas is .08 blood or breath alcohol concentration (BAC).

Texas also has a zero tolerance law.

– What Happens If You're Stopped. If a law enforcement officer asks you to take a blood or

breath test to measure how much alcohol is in your system, you should comply.

If you refuse, you are subject to an automatic 180-day driver’s license suspension.

Punishment for DWI varies depending on the number of times you've been convicted.

• First Offense:

* up to a $2,000 fine

* 72 hours to 180 days in jail

* driver’s license suspension: 90 days to 1 year

• Second Offense:

* up to a $4,000 fine

* 30 days to 1 year in jail

* driver’s license suspension: 180 days to 2 years

• Third Offense:

* up to a $10,000 fine

* 2 to 10 years in penitentiary

• driver’s license suspension: 180 days to 2 years

References:

TexasDWI.org excerpt reprinted with permission from the Texas Department of Transportation.

Illegal Drugs

• Common drugs of abuse include:

– Cocaine

– Crack

– Ecstasy

– Heroin

– Inhalants

– Marijuana

– Meth

– Hallucinogens

• Drugs of choice on college campuses:

– Alcohol

– Adderall

– Marijuana

– Ecstasy

Illegal Drugs: CTX Policy

• The use and/or possession of illegal drugs and drug

paraphernalia are prohibited on CTX property.

• The unauthorized possession, use, manufacture, sale, or

distribution of any counterfeit, illegal, dangerous,

"designer," or controlled drug or other substance is

prohibited. This includes prescription medications.

• Violating any other provision of the Student Code of

Conduct while under the influence of any illegal or

illegally obtained drug is also a violation of this policy.

• Any diluted, late, missed, forged, or failed University

required drug screen will constitute a violation of this

policy.

Illegal Drugs: Statistics

• An estimated 23.9 million Americans aged 12 or older had used an illicit drug or abused a prescription drug in the month prior to a study that was conducted in 2012.*

• Rates of illicit drug use is highest among those aged 18 to 25.*

• References: https://www.addictioncenter.com/drugs/

Illegal Drugs: CTX Penalties

• Disciplinary sanctions may be imposed upon student organizations when they have been found responsible for violating the Student Code of Conduct. All sanctions may be imposed either individually or in combination. Disciplinary sanctions are imposed for the purpose of holding student organizations and their membership accountable for their actions and the actions of their guest(s), whether on campus or at any organization sponsored function.

• Illegal drug violations could result in the following sanctions under the judicial process:– Expulsion

– Suspension

– Probation

– Conditions/Restrictions

– Fines/Restitution

– Permanent Revocation of Organizational Registration

• For alcohol and drug related incidences, law enforcement may become involved depending on the nature of the offense.

Illegal Drugs: Texas Penalties

• Texas is known to have strict illegal

controlled substance and narcotics drug

possession laws. Just for conviction of

possession of any drug, you could face jail

time, probation, fines, and a 6 month loss

of your driver’s license.

Hazing

• What is hazing?

– “Any activity expected of someone joining or

participating in a group that humiliates,

degrades, abuses, or endangers them

regardless of a person’s willingness to

participate.”

– On or Off campus

– To produce mental or physical discomfort,

embarrassment, harassment or ridicule.References: http://www.stophazing.org/frequently-asked-questions/facts-and-statistics/

Examples of Hazing

• Acts of Personal Servitude

• Paddling in any Form

• Creation of Excessive Fatigue

• Physical & Psychological Shocks

• Late or Lengthy Work Sessions which

interfere with scholastic activities

• Any other activities which are not

consistent with CTX’s mission or policies.

Hazing: Texas Law & CTX Policy

• Hazing is strictly prohibited by CTX. – Hazing is an act which endangers the mental or physical

health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, insert potential penalties for affiliation with, or as a condition for continued membership in, a group or organization. The expressed or implied consent of the victim will not be a defense. Apathy and/or complicity in the presence of hazing are not neutral acts; they are violations of this policy. (See Texas Hazing Law).

• Hazing is a crime under Texas State law.– Criminal Penalties ranging from Class B misdemeanor to

State Jail Felony. (Tex. Ed. Code §§ 37.151-157 and 51.936).

Hazing Statistics

• 55% of college

students

involved in clubs,

teams, and

organizations

experience

hazing.

Hazing: Managing Risks

• If you see or suspect hazing, report it immediately to: your advisor, Dean Medina, or Meredith Heathcoat. If it appears bodily harm is being inflicted, immediately report to CTXPD.

• Don’t view hazing as a “tradition” to be passed down.

• Find constructive bonding activities for your group like:– Participate in a community service project or attend a campus

event/sporting event together

– Host a resume building workshop through the Center for Vocation and Professional Development

– Participate in an intramural sport together

– Eat meals together

– Host an on-campus event or co-sponsor with another student organization

Sexual Abuse & Harassment

Sexual Harassment- Unwelcome conduct of a sexual nature that can include:

– Unwelcome sexual advances

– Requests for sexual favors

– Other physical, verbal, or non-verbal conduct of a sexual nature directed at a person.

Sexual Abuse -- Texas Education Code §51.9361 uses this term to encompass a wide range of behaviors.

– A wide range of unwanted sexual behaviors, including: sexual assault (forced or coercive), aggravated sexual assault, voyeurism, indecent exposure, obscene phone calls/texts.

Sexual Abuse & Harassment: Reducing the Risk

• Look out for your friends.

• Stay in groups.

• Never be alone with someone you don’t know.

• Never leave your beverage unattended.

• Clearly communicate your limits.

• Seek help if you witness questionable behavior.

• Trust your instincts.

Sexual Abuse & Harassment: CTX Resources

• Student Organization Advisors

• Title IX Coordinators

• CTX Police Department

• Faculty

• Confidential Reporting Options

• Early Alert

• Concordia Cares Hotline

Fire & Safety

• Inside Building

– If the fire cannot be safely extinguished (Never attempt to fight a fire larger than

wastebasket size); Call 911, Call CTX Police Department (512) 313-3311 and

Call the Director of Student Activities (512) 313-4307.

– Activate the nearest fire alarm pull station.

– Evacuate via the nearest exit and assist others.

– Meet outside at the designated assembly area and account for occupants.

– When CTX Police Department arrives, notify them of the status of the fire and

evacuation.

• Outside

– If the fire cannot be safely extinguished (Never attempt to fight a fire larger than

wastebasket size); Call 911, Call CTX Police Department (512) 313-3311 and

Call the Director of Student Activities (512) 313-4307.

– Evacuate to the nearest designated assembly area and account for occupants.

– When CTX Police Department arrives, notify them of the statues of the fire and

evacuation.

• All guns, ammunition, explosive devices

and dangerous weapons are prohibited on

the CTX campus.

• Exploding of any type of fireworks on

Concordia University Texas owned or

controlled property is strictly prohibited.

• Violations will be addressed through the

University Judicial System.

Firearms, Weapons & Explosive Devices

Behavior at Parties/Events

• Students attending events and activities

sponsored by the university are expected to

comply with the behaviors outlined in the

Student Handbook.

• http://www.concordia.edu/student-life/student-

services/the-student-handbook.html

Student Organization Travel

• Off campus trips by Student Organizations

are allowed if approved by the

organizations advisor and membership.

• Participation is at each student’s own risk.

• CTX assumes no responsibility for

personal injury or accident that occur to

students or others.

Student Organization Travel

• CTX encourages the use of rental vehicles, if possible.

• Student personal vehicle usage is not allowed for trips with a 1-way radius exceeding 100 miles.

• Students who voluntarily participate in the elective activities and programs, including all that involve travel, shall complete the Concordia University Texas Participant Release form (Release & Hold Harmless Agreement/Waiver of Liability) that verifies they understand and accept the risks involved with the activity or program and assume responsibility for their actions. This form can be provided by the Office of Student Activities upon request.

Activity Accessibility

• CTX is required to comply with Section 504 of the Rehabilitation Act of 1973 that requires CTX programs be accessible to students with disabilities.

• CTX Policy of Non-Discrimination- Student organizations are open to all CTX students regardless of disability.

• CTX Student Organization Activities should be planned with accessibility in mind.

Activity Accessibility

• The CTX Success Center works with

students with disabilities with:

– Academic Adjustments

– Auxiliary Aids

• Questions or concerns regarding

accessibility of Student Organization

Activities should be directed to the

Success Center.

Student Organization Risk Management Policy

• Each CTX Student Organization should

develop a policy on Risk Management

• A template for building a policy is available

upon request

Students Who Have Violated University Policies

• Violations of University policies and

regulations are normally addressed

through the University Judicial System by

the Director of Residential Life and/or the

Dean of Students.