Legal Issues AbroadFebruary 2013

Common Law

Negligence defined: • Doing something a reasonably

prudent person would not do or• The failure to do something a

reasonable person would do.

Negligence

• What did you know?• What should you have known?• How much control did you have?• Were best practices followed?• In loco parentis as possible standard

Most Common Risks

• Road Accidents• Sexual Harassment or Assault• Inadequate Supervision• Inadequate Medical Care• Significant Leader Error• Alcohol (including drugs in drinks)• Psychological Problems

Prevention of Risk

• Follow Policies and Procedures • Know Best Practices• Can always contact CUAbroad with questions• Know your students and any unique issues• Separate or sanction disruptive students• Implement emergency plan• Onsite Orientation

Expectations

Program Director not expected to be omniscient, but, there is an expectation that• Participating in trip relatively free from harm• Students informed on reasonable precautions• Faculty there to provide support and guidance

as needed

Emergencies

• If emergency contact Dept. of Public Safety at 202-319-5111 ( or local police/fire as needed)

• or Frontier MedEx for medical emergency• # on Travel ID card

Laws to Know

Title IX (non-discrimination on basis of gender)• Prohibits Sexual Harassment• Program Directors report complaints of

harassment to CUA EO Officer at 202-319-6594 or woodlm@cua.edu

Laws to Know

Americans with Disabilities Act• Ideally students identify the need for

accommodations through Disability Support Services (DSS) prior to departure

• If disability brought up while abroad refer to DSS

cua-disabilityservices@cua.edu

Laws to Know

Clery Act (Campus Security Act)Crime reporting obligations applies to • Catholic University owned or controlled

property (includes leasing) • Hotels used by program on a regular basis but

only report crimes for time period in use by program

Laws to Know

Program Directors are Campus Security Authorities for Clery Purposes• Security Authorities must report crimes that

occur abroad to Dept. of Public Safety • Report to gregoryk@cua.edu

Laws to Know

What Crimes Must Be Reported?• Homicide • Sex Offenses, Forcible or Non-forcible• Robbery• Aggravated Assault• Burglary• Arson• Motor Vehicle Theft• Hate Crime • Alcohol, drugs, weapons

Laws to Know

Family Educational Rights and Privacy Act• Student must consent for CUA to release education records to

a third party. with certain exceptions contained in the law.• Directory information may be released without permission of

the student unless the student has specifically said no.• College officials with a legitimate educational interest in the

record may have access to the record. • In a health or safety emergency, FERPA does not prevent release of necessary data.

CUA policies to review

• Reasonable Accommodations• Contract Approval and Signatory Authority• Global Education• Student Records• Sexual Assault and Harassment• Travel