STUDY ABROAD: MEETING THE NEW REPORTING...
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The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator. STUDY ABROAD: MEETING THE NEW REPORTING REQUIREMENTS AND MORE! Kris Kaplan Interim General Counsel
Transcript of STUDY ABROAD: MEETING THE NEW REPORTING...
The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator.
STUDY ABROAD: MEETING THE NEW REPORTING
REQUIREMENTS AND MORE!
Kris KaplanInterim General Counsel
Study Abroad Health and Safety Reporting 2015
In 2014 the Minnesota Legislature enacted new law to require MN colleges and universities to annually report certain health and safety information about study abroad programs;
Data will be collected by the Office of Higher Education (OHE). Minn. Stat. §5.41. OHE has sent 3 notices since last fall.
https://www.revisor.mn.gov/statutes/?id=5.41
Data will be posted online by the Secretary of State (SOS) and OHE;
Each institution must include link in program materials.
First reporting period: August 1, 2014 – July 31, 2015
First data submission to OHE by November 1, 2015
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Background Parents of 16 year-old student who died while on study trip in
Japan began ClearCause Foundation to promote safety in study abroad programs, including making information available to students for informed decision-making. www.clearcausefoundation.org
MN legislators were approached to sponsor bills to require reporting of serious health/safety incidents.
Minnesota Study Abroad Professionals (MSAP) worked with OHE to provide feedback on the bill and better define the requirements once the bill passed (thanks!)
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The Law - Overview Law applies to MN college/university study programs outside
US and for which credit has been pre-approved;
Law requires college/university to report:
Deaths, accidents and illnesses requiring hospitalization that occur
During and as a result of program participation; and
Whether it is committed to complying with health and safety standards of Forum of Education Abroad or similar agency.
Law applies to students enrolled at MN institutions (undergrad, graduate and whether or not degree-seeking) for more than just the term of study abroad.
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Law Also Requires OHE Report
OHE required to submit report to legislature by February 1, 2015 to assess appropriate state regulation of postsecondary study abroad programs. http://www.ohe.state.mn.us/pdf/studyabroadreport.pdf
Helpful discussion of parameters of current law
Appendix B: Definitions;
Appendix C: Decisional Flowchart
Recommended changes include:
Clarifying incidents to be reported;
Requiring report to include program name and host.
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Compliance: Defining Program
What is a “study abroad program?”
A study abroad program is offered or approved for credit by a MN postsecondary institution in which program participants travel outside of the US in connection with an educational experience.
Excludes:
non-credit travel abroad
study abroad participation without the institution’s prior approval whereby a student retroactively seeks transfer credit for that activity.
Source: OHE reporting website http://www.ohe.state.mn.us/sPages/sahs.cfm
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Compliance – Which Programs?Law applies to MN postsecondary institutions eligible to participate in state financial aid programs; thus, must report incidents for its students on all types of pre-approved credit courses:
Programs led by faculty/staff or those hired/contracted specifically for institution’s study abroad program;
Enrollment in credit coursework at overseas institution;
Enrollment in 3d party provider program (for credit);
Independent student study, research or internship (for credit);
Enrollment in another (MnSCU) institution’s study abroad course . . . .
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Compliance – Who? Who is a “program participant?” A degree or non-degree-
seeking student at any degree level who is pre-approved (by their MN institution) for participation in a credit-bearing study abroad program.
HOME institution reports on its students (follow credits).
Reporting excludes incidents involving:
faculty and staff leaders;
degree or non-degree students typically enrolled at a postsecondary institution outside of the state who enroll in a MN institution only for the study abroad term.
Source: OHE report website http://www.ohe.state.mn.us/sPages/sahs.cfm
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Compliance – When? What is “during program participation?”
During the program’s published start-to-end dates
What does “as a result of program participation” mean?
Incidents that occur as a result of program location, facilities, and/or activities.
Excludes:
Incidents that occur during unrelated, independent travel.
What does “hospitalization” mean?
Excludes out-patient care.
Source: OHE report website http://www.ohe.state.mn.us/sPages/sahs.cfm
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Quiz! Reportable? By whom? Need more info?
1. NDSU student participates in MSU Moorhead study abroad in Japan; NDSU approves for credit; student injured, goes to hospital and dies after 3 days.
2. SCSU student on CIEE program in Australia; approved by SCSU for credit; injured bungee-jumping on spring break; breaks arm; hospitalized for surgery.
3. WSU student studying in Beijing; while out in city, becomes SOB and is hospitalized.
4. CLC student enrolled in Paris study abroad program through BSU; she is injured on street.
5. Faculty leader falls and breaks ankle.
6. MSU, Mankato student becomes ill after spider-bite on Engineers Without Borders trip to El Salvador.
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Compliance – Reporting IncidentsOHE will collect and post numerical* incident data:
by institution and country
“not specific for incidents that are the result of actions or the lack of action by an institution sponsoring or granting credit for the educational abroad program.”
*OHE will aggregate data, if required, to maintain privacy of student ID.
Institutions will be asked for a preferred website url to be listed with data report (consider offering context for report information, as appropriate).
ALSO: total number of study abroad participants BY COUNTRY.
OHE will email survey to campus designees by August 1.
Source: OHE survey template website: http://www.ohe.state.mn.us/surveys/sahs/survey.cfm?iid=x3iVr22k
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Compliance – Reporting on Commitment to Forum Standards
Reporting institutions will be required to answer three questions in regard to whether it is committed to complying with the health and safety standards of the Forum on Education Abroad www.forumea.org.
1. Prioritize health, safety and security in development?
2. Staff and students are adequately trained to responsibly respond to health, safety and security issues?
3. Due diligence on providers re: appropriate/adequate insurance, compliance with local laws, best practices in reporting critical incidents?
The OHE report will display Y/N for each question on each institution’s page.
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Forum on Education AbroadNonprofit membership organization on study abroad best practices; recognized expertise by US Dept of Justice. Forum personnel served as consultants during bill’s drafting.
All MnSCU institutions are currently members!
All institutions should have received log-in information; contact the Forum or Todd Harmening [email protected] MnSCU ASA if problems encountered.
Many compliance tools available on implementing Forum’s Standards of Good Practice for study abroad programs, including separate standards for short term programs. http://www.forumea.org/resources/standards-of-good-practice
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Must Communicate to Participants
A MN institution offering study abroad programs must include in its written materials provided to prospective participants:
a link to the SOS/OHE website stating that program health and safety information is available at the website.
OHE Guidance: all students going abroad or looking at prospective programs should know this data is available; include in at least one piece of material given to every student studying abroad.
MSAP tip: consider multiple forms: website, flyers, handbooks, orientation, etc. – and include in parent communications.
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Sexual Assault and Other Crimes
The SOS/OHE must publish on its website “the best available information by country on sexual assaults and other criminal acts” affecting study abroad participants – links to the Forum’s Critical Incident Database will be provided. (Current law does not require reporting such incidents unless injury requires hospitalization or causes death.)
NOTE: this reporting is not the same as reporting required for Clery Act, which focuses more on specific location of crime.
(See OGC website on study abroad for more information.)
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Get Going! Inform campus personnel who may have some study abroad
oversight/approval responsibilities so they can help identify who needs to report back to college/university, e.g.:
Administrators who approve study abroad courses;
Faculty who lead study abroad programs;
Registrar and financial aid officers (who may be able to spot individual students who are approved for credit);
Study abroad offices – students!
Public affairs office
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Who is Doing What? Who is responsible for data collection – and how will it be collected, stored,
retrieved for reporting? By COUNTRY
Can you use existing procedures in place for collecting Clery data?
Who will submit the report to OHE – who is contact?
OHE to send survey to designee by August 1
Do you have a standard letter or notice for study abroad leaders to inform them of reporting expectations? More than minimum?
Add contract language?
How will faculty be informed? Reporting procedures?
Website URL? Contextual website to explain results?
Who is responsible for making sure materials include notice of health/safety information available? Who keeps record?
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Consider . . .
How will you demonstrate your commitment to compliance with health and safety standards???
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Due Diligence Appropriate vetting of any 3d party providers with whom you
contract or promote
Inquire about health and safety policies, practices, history of incidents, housing, transportation, emergency plan/communications
Talk with higher ed references
Contracting
Require incident reporting
MN law, Clery (if applicable) is minimum – think broad welfare
E.g.: risk management, counseling centers, sexual assaults, student conduct issues, 1B1 concerns, etc.
Be clear in expectations
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Best Practices Forum Standards & NAFSA Interorganizational Good Practices
Program/provider due diligence and risk assessments
Orientation
Ongoing reviews/evaluations/assessments
Participant screening
Insurance
Training
Incident response protocols
Disclose risks!
Local law and regulation compliance
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Other Resources
NAFSA has wide variety of resources on study abroad safety:
http://www.nafsa.org/Find_Resources/Supporting_Study_Abroad/
OGC Study Abroad: http://www.ogc.mnscu.edu/international/studyabroad.html
OHE: Nichole Sorenson, Research Analyst; [email protected] 651 259-3919
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Contact InformationMinnesota State Colleges & Universities
System Office
Kris KaplanInterim General Counsel
Office of General Counselwww.ogc.mnscu.edu
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