Risk Management for Student Organizations

Risk Management for Student Organizations Office of the Dean of Students Texas A&M University-Kingsville

Goals for this presentation: • Increase your awareness of risk management concepts • Explain what is expected of you/ your organization • Alert you to potential problem areas • Provide you with information to present to your organization

What is Risk Management? With any decision, activity or event there is some risk undertaken by the participants and the host. Something could go wrong … • Who’s responsible? • Who pays? • What is lost?

In any decision or activity there is an element of risk. Risk Management is: “The process of handling risk by way of reduction, elimination or transfer of risk” Or the shorter version: “Risk Management is good decision-making” (University of Connecticut) Definition of Risk Management:

Why Risk Management awareness? • As organizational leaders you want to have a successful organization and events and also not incur unnecessary risk. • The university also wants organizational affairs including events and activities to be safe and well-planned so as to contribute to effectively to its mission. • Texas law requires it.

IMPORTANT CONCEPTS • Host / Sponsor Negligence 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. Did you know or should you have known?

Concepts: Liability • Who is legally responsible for improperly overseeing an organization or event? Liability can be assumed by: - Your organization - Your advisors - Your members - You – as an individual - The University

Concepts: Consequences • Injury • Property damage • Lawsuits (cost money, use up resources) • Loss of reputation • Emotional costs to those involved • Organization sanctioned • Criminal inquiries / charges

Areas that would be examined • Organizational by-laws / rules • University rules in place • Customary practices / org. “culture” • Actions of leaders • Planning efforts / safety measures in place • Membership awareness /training efforts • Prior incidents – how did you handle them, did you ignore or discipline members?

Texas Law Requirements Representatives of all student organizations must attend a Risk Management session once a year. Advisors at least one time. Attendees must present the information to all their organizational members at a later meeting as part of their training. Organization must document in writing. The organization may be sanctioned for non-compliance.

Required Discussion Topics • Possession and use of alcohol/ drugs • Hazing • Sexual abuse • Discrimination / Harassment /Bullying • Fire and other safety issues (weapons) • Travel regulations • Behavior at parties /other events held by the organization • Adoption of a student organization riskmanagement policy

Alcohol / Illegal Drug Offenses • Violation of state / federal laws Can lead to citation or arrest • Violation of University policy Alcohol policy (pages 49;66; 2012-13 Student Handbook) Drug policy (page 70-71; 2012-13 Student Handbook)

Alcohol & Illegal Drugs, cont. • Be sure your policies / practices are consistent with the law & university • Inform your members of the consequences of inappropriate behavior • Model the expected behavior • Enforce your own rules – zero tolerance • Have your advisor present to assist you • Use good planning techniques when having events (Social Event Policy)

Hazing(page 71-72 S. Handbook) • Can be found guilty of criminal conduct for hazing, encouraging hazing or having knowledge of the planning of hazing incidents, and failing to report it to the Dean of Students or authorities. • An organization commits hazing if it condones, encourages, or if an officer or any combination of members, pledges or alumni commit or assist in the commission of hazing.

Hazing, continued • Any intentional, knowing or reckless act occurring on or off campus by one person 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, affiliated with, holding office in, or maintaining membership in an organization.

Hazing, continued • Not a defense that the member agreed to do it. • Liability waivers are not valid. • Can be considered hazing even if “no one was hurt.” • Not just physical acts considered hazing. • Not a defense: “this is the way we have always done it”

Hazing - Reducing the risk • Make a commitment in your organization • Have a written policy – follow it. • Be proactive – educate your members (both new and old) • Confront inappropriate behavior • Emphasize positive programming activities that build up / involve all members. • Report it when it happens.

Sexual Abuse & Harassment Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature, submission to which is made a condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. * TAMU System Policy 34.01 Sexual Harassment

Sexual Abuse & Harassment, cont. Sexual harassment may range from unthinking and often unintentional verbal denigration of a person on the basis of gender to actual physical assault. • offensive sexual flirtations, advances, or pressure for sexual activity; • unwanted touching, pinching, or unnecessary brushes; • unwanted exposure to sexual graffiti, photographs or suggestive objects;

Sexual Abuse & Harassment, cont • sexual innuendoes or statements made at inappropriate times or disguised as humor, or obscene gestures; • disparaging remarks about one's gender; or • any offensive or abusive physical contact.

Sexual Abuse & Harassment, cont. Conduct, whether on or off campus, will constitute sexual harassment when: • (1) submission to, or toleration of, such conduct is made (either explicitly or implicitly) a term or condition of employment or participation in other System-related activities; • (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions or academically-related decisions affecting such individual; or, • (3) such conduct has the purpose or effect of unreasonably interfering with an individual's ability to function normally, or of creating an intimidating, hostile, or offensive environment.

Sexual Abuse & Harassment, cont. • Sexual abuse / assault complaints may be made to University Police Department, Student Health & Wellness and/or the Dean of Students Office • Sexual harassment complaints may be made to the Dean of Students, Student Health & Wellness, or your supervisor – they are referred to the Compliance Office for investigation.

Sexual Abuse & Harassment, cont. • Educate your members about inappropriate behavior including verbal harassment, physical and sexual assault • Have extra safeguards for minors • Develop a formal policy for your group • Confront inappropriate behavior according to your policies / constitution • Report it to a university authority

Fire Safety / Use of Firearms • Educate your members on Weapons Policy and Fire Safety guidelines • Confront members in violation – report it to Student Activities or Dean of Students • Be sure that facilities utilized by your organizations meet all local fire and health code standards • Post emergency numbers in your facility • Never exceed the maximum occupancy

Fire Safety / Use of Firearms, cont. • Be sure that smoke detectors are working • Check all exits are clear at all times • Ensure that fire extinguishers are present and easily accessible • Follow other facility use guidelines: - use of candles - nonflammable decorations - use of fireworks / flammables - No smoking in the building

Student Travel Regulations Provisions apply to any student who travels more than 25 miles from campus to an activity or event • Organized or sponsored by the University, • Funded by the University, • Using a vehicle owned or leased by University; • Or travel required by a student organization • Apply to faculty, staff and students who engage in transporting students off campus on any University business or related travel activities. • Departments may also mandate additional procedures.

Use of Privately Owned Vehicles If used for travel to and from activities and events organized and sponsored by TAMUK or student organization • Expected to follow safety requirements in TAMUK Travel Policy • Must have a valid state driver’s license • Motor vehicle insurance • Current state inspection

Student Travel, continued Organizations must submit the following paperwork to the Dean of Students at least 3 days in advance: • Trip Itinerary Form (one per group) • Travel Passenger List (one per group) • Emergency Notification Form (one for each traveler) • TAMUK Assumption of Risk Indemnification Agreement (one for each traveler) • At least one copy of the Incident/Accident Report should be taken with the group. The organization should keep a copy of the Emergency Notification & Assumption of Risk Forms for each member while traveling. The information will be needed in the case of an accident or other incident.

Student Travel • Follow safety precautions in planning • Inform members about conduct expectations / safety guidelines before leaving on the trip • Allow for stops to prevent driver fatigue • Follow speed limits / traffic laws • Use seat belts at all times • Have a good driving record Refer to Dean of Students website for forms

Behavior At Parties • Communicate expectations clearly to members • Responsible for guests • Establish active precautionary measures to ensure that alcoholic beverages are not served to minors / persons who appear to be intoxicated. • No event shall include any form of "drinking contest" or encourage the rapid consumption of alcohol in the activity or its promotion. • Non-alcoholic beverages and food must be available at the same place as the alcoholic beverages. • Plan for “crowd control” measures • Act on “rowdy or disorderly conduct”

Other areas of potential risk • Handling of money within the organization • Fundraising procedures • Handling of food (Health & Safety Code) • Compliance with Contract by ARAMARK to provide food service on campus • Fulfilling contracts w/vendors, entertainers • Soliciting guidelines • Harassment /Bullying / Discriminatory practices

Civility A good leader and successful organization practices and fosters a culture of civility • Mutual respect • Positive peer mentoring • Tolerance for others different from you • Negative, demeaning, slandering remarks • Respect privacy rights of others • Decorum expected of a young professional no longer in junior high or high school

Civility, continued There are people who persist in creating “drama” – help defuse their power • Speak up • Redirect the behavior • Refrain from spreading gossip • Enforce your organization’s core values • Protect your organization’s image Use /abuse of social media is a growing concern

Harassment / Bullying Conduct with intent to harass, annoy, alarm, abuse, torment, intimidate or embarrass Persistent and creates a hostile environment • Verbal, phone, writing, or any form of electronic communication; 3rd party • Jokes and other comments interpreted as threats are taken seriously. University will investigate and take action

Discrimination All organizations are subject to University’s anti-discrimination policy • Statement in your constitution • Use group consensus /voting in decisions • Avoid preferential treatment • Do not single out people you dislike • Be inclusive • Speak up if something is not right

Where do you go from here? • Put time/effort into event planning • Conduct a Risk Management awareness session for your organization • Keep your advisor informed / involved • Develop a risk management policy for org. • Document your planning activities • Contact Student Activities staff for assistance (593-2760) • Help your organization become stronger!

Risk Management for Student Organizations