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Risk Management

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Title: Risk Management


1
Risk Management Legal Issues for Student
Organizations
  • Student Organization Summit Fall 2009

2
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!

3
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

4
RISK MANAGEMENT Legal issues
  • LIABILITY
  • Refers to legal responsibility. Liability can be
    assumed by
  • Your organization
  • Your advisor(s)
  • Your members
  • You as an individual
  • The University

5
RISK MANAGEMENT Legal issues
  • 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

6
RISK MANAGEMENT Legal issues
  • 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

7
RISK MANAGEMENT Legal issues
  • 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

8
RISK MANAGEMENT Legal issues
  • 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

9
RISK MANAGEMENT Legal issues
  • 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

10
RISK MANAGEMENT Legal issues
  • 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

11
RISK MANAGEMENT Legal issues
  • ORGANIZATIONAL ACTIVITIES
  • What is considered an 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.

12
RISK MANAGEMENT Legal issues
  • 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

13
RISK MANAGEMENT Legal issues
  • ORGANIZATIONAL ACTIVITIES
  • What is considered an 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

14
RISK MANAGEMENT Legal issues
  • ORGANIZATIONAL ACTIVITIES
  • What is considered an 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.

15
RISK MANAGEMENT Legal issues
  • 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 organizations
    and Universitys expectations for behavior
  • Help members understand that their behavior
    reflects on the organization and University

16
RISK MANAGEMENT Legal issues
  • 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 organizations policy is more restrictive than
    the Baylor University travel policy.

17
RISK MANAGEMENT Legal issues
  • 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

18
RISK MANAGEMENT Legal issues
19
RISK MANAGEMENT Legal issues
  • ALCOHOL ILLEGAL DRUG OFFENSES
  • One of the most predominant judicial issues we
    face at Baylor is violations of the institutions
    alcohol policies and violations of state and
    federal law related to underage alcohol
    consumption

20
RISK MANAGEMENT Legal issues
  • ALCOHOL ILLEGAL DRUG OFFENSES
  • 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

21
RISK MANAGEMENT Legal issues
  • ALCOHOL ILLEGAL DRUG OFFENSES
  • 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.

22
RISK MANAGEMENT Legal issues
  • 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 drivers license for 180
    days
  • University sanctions may include suspension,
    expulsion, mandatory alcohol awareness training,
    loss of organizational membership, etc.

23
RISK MANAGEMENT Legal issues
  • ALCOHOL ILLEGAL DRUG OFFENSES
  • What Can You Do?
  • Have written policies consistent with the law and
    Baylors policies regarding alcohol and illegal
    drugs
  • Inform your members of possible consequences for
    their behavior
  • Enforce your own rules have a zero-tolerance
    attitude

24
RISK MANAGEMENT Legal issues
  • ALCOHOL ILLEGAL DRUG OFFENSES
  • What Can You Do?
  • Have your advisor(s) present at all off-campus
    functions
  • Know what is considered an organizational
    event/function!

25
RISK MANAGEMENT Legal issues
  • 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.

26
RISK MANAGEMENT Legal issues
  • 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?

27
RISK MANAGEMENT Legal issues
  • 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! Dont do it!

28
RISK MANAGEMENT Legal issues
  • 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

29
RISK MANAGEMENT Legal issues
  • HAZING
  • Penalties for hazing offenses
  • For organizations
  • Fines ranging from 5,000 to 10,000 or more
  • University sanctions/disciplinary action
    including suspension, expulsion, etc.
  • Other criminal penalties may apply

30
RISK MANAGEMENT Legal issues
  • HAZING
  • What Can You Do?
  • Be proactive!
  • Dont 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.

31
RISK MANAGEMENT Legal issues
  • HAZING
  • What Can You Do?
  • 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 experienceand what to do in the
    event that something out of the ordinary occurs!
  • Confront inappropriate behavior among your
    members
  • Change is always hardbut change for the better
    is always a good idea!

32
RISK MANAGEMENT Legal issues
  • HAZING
  • What Can You Do?
  • When problems do arise, take corrective action!
  • Report the issue(s) to Student Activities or
    Judicial Affairs as soon as possible
  • Follow your organizations policies and
    procedures to confront members behavior

33
RISK MANAGEMENT Legal issues
  • SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT
  • Baylors policy regarding sexual abuse,
    harassment, and/or misconduct can be found online
    at
  • www.baylor.edu/student_policies/sexualharassment

34
RISK MANAGEMENT Legal issues
  • SEXUAL ASSAULT, HARASSMENT and/or MISCONDUCT
  • Issues specifically affecting student
    organizations
  • Sexual Assault
  • Verbal Harassment
  • Inappropriate Behavior (Misconduct)

35
RISK MANAGEMENT Legal issues
  • 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 Baylors 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.

36
RISK MANAGEMENT Legal issues
  • 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
    organizations policies and constitution

37
RISK MANAGEMENT Legal issues
  • 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 standards
  • Baylors 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

38
RISK MANAGEMENT Legal issues
  • FIRE SAFETY and USE OF FIREARMS
  • What Can You Do?
  • 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

39
RISK MANAGEMENT Legal issues
  • FIRE SAFETY and USE OF FIREARMS
  • What Can You Do?
  • The possession and/or use of firearms, other
    weapons, and/or explosive devices is strictly
    prohibited on Baylors campus.
  • Educate your members about this policy and
    confront members who violate it! Report any
    violations immediately to Student Activities
    and/or Judicial Affairs

40
RISK MANAGEMENT Legal issues
  • 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
  • Hazing
  • Sexual abuse and harassment

41
RISK MANAGEMENT Legal issues
  • 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
  • Fire and other safety issues, including the
    possession and use of a firearm or other weapon
    or of an explosive device
  • Travel
  • Member behavior at student organization events

42
RISK MANAGEMENT Legal issues
  • ADOPTION OF RISK MANAGEMENT POLICIES BY STUDENT
    ORGANIZATIONS
  • Student organizations are strongly encouraged to
    adopt a formal risk management policy
  • 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/ri
    skmanagement

43
RISK MANAGEMENT Legal issues
  • 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!
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