Risk Management & Legal Issues for Student Organizations Student Organization Summit – Fall 2009.

Risk Management & Legal Issues for Student Organizations

Student Organization Summit – Fall 2009

Why IS RISK MANAGEMENT TRAINING A GOOD IDEA?

• In 2007, the Texas legislature passed a bill mandating risk management training for all student organizations

• Baylor University is legally obligated to provide this training to student organizations

• The information provided through this training will be beneficial to you and your organization!

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

LIABILITY• Refers to legal responsibility.

Liability can be assumed by: Your organization Your advisor(s) Your members You – as an individual The University


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


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


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


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


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;


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



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.


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:



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



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.


ORGANIZATIONAL ACTIVITIES and 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 organization’s and University’s expectations for behavior

Help members understand that their behavior reflects on the organization and University


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 organization’s policy is more restrictive than the Baylor University travel policy.


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:



Miles from Baylor

University Campus

1-49 Miles50-100 Miles

101+ Miles

Number of Organizatio

n 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

ALCOHOL & ILLEGAL DRUG OFFENSES

• One of the most predominant judicial issues we face at Baylor is violations of the institution’s alcohol policies and violations of state and federal law related to underage alcohol consumption



• 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 8-40 hours of community service



• 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.


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 driver’s license for 180 days

University sanctions may include suspension, expulsion, mandatory alcohol awareness training, loss of organizational membership, etc.



• What Can You Do? Have written policies consistent with

the law and Baylor’s policies regarding alcohol and illegal drugs

Inform your members of possible consequences for their behavior

Enforce your own rules – have a zero-tolerance attitude



• What Can You Do? Have your advisor(s) present at all

off-campus functions Know what is considered an

organizational event/function!


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.”


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 parents of

the members to the activity?


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! Don’t do it!


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


HAZING• Penalties for hazing offenses:

For organizations:Fines ranging from $5,000 to $10,000 or

moreUniversity sanctions/disciplinary action

including suspension, expulsion, etc.Other criminal penalties may apply


HAZING• What Can You Do?

Be proactive!Don’t 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.



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 experience…and what to do in the event that something out of the ordinary occurs!

Confront inappropriate behavior among your membersChange is always hard…but change for the

better is always a good idea!



When problems do arise, take corrective action! Report the issue(s) to Student Activities

or Judicial Affairs as soon as possibleFollow your organization’s policies and

procedures to confront members’ behavior


SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT•Baylor’s policy regarding sexual abuse, harassment, and/or misconduct can be found online at:www.baylor.edu/student_policies/sexualharassment


SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT•Issues specifically affecting student organizations:

Sexual Assault Verbal Harassment Inappropriate Behavior (Misconduct)


SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT•Baylor University addresses “misconduct” in the Student Handbook:“It is expected that each Baylor student will not engage in conduct that:

Interferes with Baylor’s pursuit of its educational and Christian objectives,

Fails to exhibit a regard for the rights of others,

Shows disrespect for the safety of persons and property, and/or

Violates, or attempts to violate, rules, regulations, policies, or laws.”


SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT•What Can You Do?

Develop a formal policy for your organization that presents a zero-tolerance policy toward any form of sexual abuse, harassment and/or misconduct

Educate your members about inappropriate behavior including verbal harassment and physical and sexual assault

Confront inappropriate behavior according to your organization’s policies and constitution


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 standardsBaylor’s 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



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



The possession and/or use of firearms, other weapons, and/or explosive devices is strictly prohibited on Baylor’s campus.Educate your members about this policy

and confront members who violate it! Report any violations immediately to Student Activities and/or Judicial Affairs


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

HazingSexual abuse and harassment



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

TravelMember behavior at student organization

events



Samples of risk management policies and this powerpoint presentation are available following this session and for download online at:

www.baylor.edu/student_activities/organizations/riskmanagement


YOUR RESPONSIBILITY FROM HERE…• Under 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 (within three weeks)!

Thanks!


Risk Management & Legal Issues for Student Organizations Student Organization Summit – Fall 2009.

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