Risk Management & Legal Issues for Student Organizations

Risk Management & Legal Issues for Student Organizations Student Organization Summit Fall 2014

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 • You are responsible for providing this information to your student organization!

Topics • Organizational Activities • Liability & Negligence • Liability Agreements • Contracts • Travel & Transportation • Alcohol & Illegal Drugs • Hazing • Sexual Assault, Harassment, & Misconduct • Fire Safety & Use of Firearms

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: • Paid for by student organizational funds; • Approved by the Department of Student Activities via the Online Event Registration Form; • That use the Baylor University name or trademarks in the event or activity advertising and/or marketing; • Which serve as recruitment activities for the student organization

What is considered an organizational activity and/or event? • When dealing with allegations of student organization violations, the University defines a "university-related activity" as any activity sponsored by the University or by any organization recognized by the University. • THINK: Am I acting on behalf of my organization?

What is considered an organizational activity and/or event? • The degree to which an organization is responsible is not necessarily dependent on the number of members, but rather: • 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 • 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.

Event or Non-Event? • 5 members go to dinner after a meeting • 3 members attend an organization’s national conference • 4 Members Eat Dinner with 2 Potential Members as a recruitment function • An invitation is sent via the organization’s Blackboard page

Think! Am I acting on behalf of my organization?

Negligence • Occurs when someone has a duty to another person, breaches that duty, and the other person suffers harm as a result • https://www.youtube.com/watch?v=nojC6fP56VI

Liability • Who takes the legal responsibility. Liability can be assumed by: • YOU • Your organization • Your members • Your advisors • Baylor University

Liability & Negligence • What can you do to minimize your risks? • Take great care when conducting the event • Document all precautions and take note of any issues • Check to see if your organization has insurance & be aware of what is covered • 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 (ink) and have them signed by the proper entities (be aware of who can sign for your organization) • Do not, under any circumstances, represent to third parties that you represent Baylor University • Ensure that all agreements are complete and accurate • Ensure there are “what happens if…” provisions • Ensure that you have safeguards in place within your own policies as to who can obligate the organization • Always make a copy for your records!

Travel for Organizational Events or Activities 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 Reminders • Register your travel through the Online Event Registration system • Fill out appropriate travel forms with Risk Management • Remember to include (as applicable): • How you will travel • Accurate dates/times • # of participants • Advisor who will be traveling • Accommodations

Transportation Chart

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

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 • 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.

Alcohol & Illegal Drug Offenses • 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 • Utilize your organization’s judicial process – have a zero-tolerance attitude • In severe cases, reach out to an advisor • Have your advisor present at off-campus events • Clear understanding of what is an organizational event

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 “Anyone who comes into our locker room is a teammate” – Jim Harbaugh

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 Judge Starr to the activity? • 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 more • University 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 members • Change is always hard…but change for the better is always a good idea. • Report the issue(s) to Student Activities or Student Conduct Administration as soon as possible

Hazing and Title IX

Sexual Assault, Harassment, or Misconduct • Issues specifically affecting student organizations: • Sexual Assault • Verbal Harassment • Inappropriate Behavior (Misconduct)

Sexual Assault, Harassment, 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, 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

Sexual Assault, Harassment, or Misconduct • Baylor’s policy regarding sexual abuse, harassment, and/or misconduct can be found online. • Bear Up Now • Courage takes action!

Fire Safety & 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 • Baylor’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

Fire Safety & 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 • Promote the tobacco-free campus • Ensure that all exits remain clear for easy access and escape • Ensure that fire extinguishers are available and easily accessible

Fire Safety & Use of Firearms • What Can You Do? • 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 Student Conduct Administration

Safety

Adoption of Risk Management Policies • 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 • 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

Risk Management Policy http://www.baylor.edu/content/services/document.php/118588.pdf

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). • Tips for Presenting the Material

Training for your organization… What works for you?

Thanks for attending! Meredith_Walkup@baylor.edu

Risk Management & Legal Issues for Student Organizations