Student Organization Risk and Liability

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Student OrganizationRisk and Liability
Marje Lemmon, Risk Manager Pete LeMay, Asst. Risk
Manager Vicki Ramsay, Resource Coordinator Monday,
December 17, 2007
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Agenda

• What is Risk Management?
• Yale University Risk Management Team
• Insurance Provided to Registered Student
  Organizations
• Examples of Situations Not Covered by University
  Insurance
• Use of Automobiles
• Travel Procedures
• Certificates of Insurance
• Use of Vendors, Contractors, Partner
  Organizations
• Activities Involving Alcohol Use
• Case Study 1 YALHU
• Case Study 2 SWRS
• Questions?

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What Is Risk Management?

• Risk management is the process of analyzing risks
  posed by activities, and determining and
  implementing methods to manage the risk.
• The steps of risk management include
• Identification of Risks
• Analysis of methods to deal with the Risk
• Selection of a method or methods
• Implementation of the chosen method(s)
• Monitoring and evaluation

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Yale University Risk Management Team

• Marje Lemmon, Risk Manager 432-0140
• General Questions
• Contract Review/Requirements of Outside Parties
• marjorie.lemmon_at_yale.edu
• Pete LeMay, Assistant Risk Manager 432-6606
• Driver Training/Automobile Questions
• TIPS training
• peter.lemay_at_yale.edu
• Vicki Ramsay 432-8258
• Medex Program/Travel Issues
• Certificates of Insurance
• Personal Property Insurance Program
• victoria.ramsay_at_yale.edu

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Insurance Provided to Registered Student
Organizations

• Automobile Liability Insurance for University
  owned or Rented Autos
• Only provided if driver has passed the Driver
  Safety Awareness Class
• Deductible may apply depending upon the
  circumstances surrounding the accident
• General Liability insurance for all operations
  and activities
• Must be in compliance with University Regulations
• No deductible applies
• Property Insurance for University Owned Property
• 1,000 deductible applies
• Student Personal Property Program is a lower
  deductible option
• Travel Assistance (MEDEX)
• Medical, Security, or Political Evacuation
  Assistance
• Other Travel Assistance Services

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Examples of Situations Not Covered by University
Insurance

• Injuries or Damages for which the student
  organization is not legally liable
• Defense costs will be covered
• Automobile Liability for non-approved drivers
• Property insurance for personal property not
  owned by Yale University
• Operations or activities which do not comply with
  University policies and procedures
• Illegal activities
• Operations of student organizations that are not
  officially registered as such
• Injuries to student organization members

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Use of Automobiles

• All Student Drivers MUST take and pass the Driver
  Safety Awareness Class prior to driving any Yale
  owned or rented automobiles
• Refer to University Policy 1705 for Auto Safety
  Rules and Regulations
• 500 deductible may apply per accident
• Consider Zipcar as an alternative
• No Deductible if You Rent with Enterprise, Hertz
  or Avis
• Corporate code must be provided at time of rental
• Hertz CDP344712
• Enterprise NA24YU1
• Avis A424900 (the only company that rents to
  drivers under 21 years of age)
• Full Deductible will apply for other rental
  companies
• Purchase of insurance for rental cars with
  approved drivers is not necessary when renting in
  the United States, Canada, Puerto Rico or US
  Virgin Islands
• Use of personal vehicles is strongly discouraged
• Use of 12 and 15 passenger van use is prohibited.
  Why?

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September 26, 2005 Nine Utah State University
Students Killed in Van Rollover
University Insurance Will Not Cover the Use of 12
or 15 Passenger Vans
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Travel Procedures

• Understand Yales Travel policies and Your
  Responsibilities as the Trip Leader
• Visit the Yale and the World Website
  http//world.yale.edu/abroad/travel_resources.html
  . 
• Review the checklists and resources listed under
  Student orgs Trip Leaders
• Register your travel with the Secretarys Office
  at http//world.yale.edu/travelform/.
• Waivers must be signed by every traveler for
  every trip, foreign or domestic
• Leave Itinerary With the YCDO, including
• Destination
• Travel Route
• Dates of Travel
• Housing Information
• Key Contact Person in the event of emergency here
• Familiarize yourself with the customs of the
  countries you are visiting before you go
• MEDEX Portal at http//www.yale.edu/riskmanagement
  
• Establish Rules and Procedures and Have Each
  Traveler Acknowledge Receipt
• Limit Free Time Available to the Travelers

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Certificates of Insurance

• Documentation provided to others that Yale
  University carries insurance required by the
  other party
• Could be requested by Owners of equipment, space,
  or other items we are renting or borrowing
• Could be requested by parties performing or
  participating in activities
• We need confirmation from YCDO that activity is
  approved before we can extend our insurance
• Meet with Dean Letriz to Discuss the Activity
• Certificate request form can be found at
  http//www.yale.edu/riskmanagement/insurance.html
• Request the certificate as soon as you know you
  will need it
• We Need a Minimum 48 Hour Turnaround Time

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Use of Vendors, Performers, Partner Organizations

• Written Contracts or Agreements must be used
• Contracts must be reviewed by Office of Risk
  Management and Office of General Counsel
• Contracts must be signed by University
  Administration
• The University Requires All Vendors, Contractors,
  or non-Yale partner organizations To Carry
  Insurance
• Proof of insurance (Certificate of Insurance)
  must be provided prior to commencement of
  activities
• Details on standard insurance requirements can be
  found at www.yale.edu/riskmanagement/insurance.ht
  ml
• TULIP Program is an alternative
• Restrictions apply
• www.yale.edu/riskmanagement/programs.html

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Activities Involving Alcohol Use

• All University policies on alcohol use must be
  followed both ON and OFF campus
• If you do not hire outside caterers for alcohol
  service, the servers must be TIPS certified
• Ensure there is a procedure for checking IDs
• If you do hire outside caterers, a certificate of
  insurance must be obtained from them and sent to
  Risk Management for review.
• Claims, injuries and lawsuits resulting from the
  unlawful service of alcohol may not be covered by
  University insurancethe organization and its
  members will be on their own for any resulting
  damages
• Ensure there is sufficient food being served
• Chips and Dip are not sufficient!
• Ensure there is a sufficient supply of
  non-alcoholic beverages

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Case Study 1

• The Yale Association of Left Handed
  Undergraduates (YALHU) wishes to travel to Sydney
  during spring break to observe drivers drive on
  the left side of the road. Part of the trip will
  include an excursion to a remote area 100KM
  outside of Sydney to see the birthplace of a
  famous left handed Aussie. The students will all
  travel to Sydney together, but, since the trip is
  only for seven days, some of the members want to
  extend their trip and travel on their own until
  they need to be back on campus.

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Case Study 1 (continued)

• What are the risks associated with this trip?
• How can these risks be controlled?
• What are the responsibilities of the YALHU
  leaders
• Before departure?
• Upon arrival in Sydney?
• During the trip?
• During the trip, one of the YALHU members looks
  the wrong way while crossing the street, and is
  hit by a car
• What should the YALHU leaders do?

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Case Study 2

• The Sabrina Was Robbed Society (SWRS) wishes to
  hold a dance event on campus. There will be a
  performance by professional dancers, food service
  provided by a New Haven caterer, and an open bar.
  The caterers will not be providing bar service.
  One of the SWRS members has a suitemate who is an
  amateur DJ and has offered to provide DJ services
  for free.

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Case Study 2 (continued)

• What are the risks associated with this event?
• How can these risks be controlled?
• What are the specific steps that need to be taken
  with respect to the outside parties providing
  services?

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Questions?