RISKY BUSINESS: LEADING THROUGH MANAGING RISK

1. RISKY BUSINESS:LEADING THROUGH MANAGING RISK

2. Why is risk management important? • To ensure successful, safe programs/events • To be thoughtful about the risks associated with any program/event • To help groups avoid and/or plan for what happens if there is risk involved in an event/program

3. What’s an organization activity? • How many organization members were involved in the event/activity? How many organization members were there? • Were organization funds used for the event/activity? • Was the organization executive board involved in approval, preplanning, and/or support of the alleged activity? • Was the event advertised or announced? If so, how? • Were any organization officers present and /or participating in the alleged infraction regardless of whether he/she was acting in an official capacity? • Did any members of the organization attempt to cover up the alleged incident and/or to protect the organization members involved in the alleged infraction? • Did the event/action take place in a space owned, operated, rented, or commonly used by the organization?

4. Member Behavior • As members of the St. Cloud State University community, students are expected to act as good citizens, and to engage in responsible behaviors that reflect well upon their student organization and university; to be civil to one another and to others in the campus community; and to contribute positively to student and university life. • Members of student organizations are expected to become familiar with the Student Code of Conduct and all University policies, federal, state and local laws to best serve the campus community and uphold strong individual and group conduct. • Student organizations may be held responsible for individual members: • when a member of an organization is violating local, state, or federal law or University policies and other members present, by failing to discourage such activity, condone the behavior; when the acts grown out of or are directly related to the student organization’s activities or an environment created by the organization; • when the acts are those of guests of an organization, or persons authorized or permitted to represent themselves as connected with the organization;

5. Liability • Liability means legal responsibility • Liability can be assumed by… • Your organization • Your members • Your advisor • You, as an individual • The University

6. Negligence • Negligence occurs when someone has a duty to another person, violates that duty, and the other person suffers harm as a result • Example: Your organization hosts an event, someone is injured, and it an be proved that the injury was due to your organization’s failure to provide protection for a known safety risk associated with the event.

7. Contracts • Get all agreements in writing and have them signed before the event (this is required by CSOLD if payment is incurred) • Ensure that all agreements are accurate and complete (read every word of the contract and ask questions if you need clarification) • Ensure that contracts include, “what happens if…” provisions • Ensure you have safeguards in place within your own organization policies as to who can obligate the organization • Do not, under any circumstances, represent to third parties that you represent St. Cloud State University

8. Travel • Policy- What must your organization do? • Students must be authorized to drive by SCSU • Advisers must approve University vehicle rental • A roster of who is travelling must be submitted • What should your organization do? • Use the travel planning forms offered by CSOLD in advance of travel • Talk with your advisor about your plans • Emergency contact information

9. Hazing • Policy: • "Hazing” is defined as an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or athletic team. SCSU Student Code of Conduct. • What can your organization do? • Plan member development activities thoughtfully • Confront any hazing like behavior • Ensure that activities make members feel welcomed and included • Do not punish members for not participating in events

10. Alcohol & Drugs • Policy: • Prohibited Advertising and Promotional Activities for Student Groups/Organizations: • Using alcoholic beverages as awards or prizes in connection with University events • Providing promotional items or advertising associated with alcohol and illegal drugs at University sponsored student events. This includes, but is not limited to, such items promoting alcohol or drug use on cups, t-shirts, beverage can coolers, or any other items advertising or promoting alcohol or illegal drug use • Advertising alcohol and/ or illegal drugs in University controlled or affiliated publications, or on University premises, including University affiliated web sites • Advertising that includes brand names, logos, prices, visual images or phrases that refer to consumption of alcoholic beverages and use of illegal drugs • Use of alcohol for recruiting and student organization fund-raising activities and events • Purchasing alcohol and other drugs with University or organization funds, including student activities fee allocations • Consuming or transporting alcohol and other drugs in University vehicles • Student Organization Sponsored On-Campus Events • Alcohol service is not permitted at student organization sponsored events on the SCSU campus. • Off-Campus Events • It is recommended that student organizations not serve alcohol at events off campus. However, if students choose to attend events where alcohol may be present, organizations are expected to follow applicable laws and policies, including the SCSU Alcohol and Other Drug Policy, and consider ways to manage risk and ensure the safety of all participants. • What can your organization do? • CSOLD and SCSU strongly discourage the use of alcohol and other substances as part of club and organizational activities. • If your organization doesn’t allow alcohol at an event, clearly state that it is prohibited and the consequences if it is present • If alcohol is present, don’t make it the focus of your event/program • Confront any inappropriate/risky behavior involving alcohol

11. Fire Safety & Fire Arms • Policy: • Use or possession of weapons on University premises, unless expressly authorized by Minnesota law, MnSCU Board policy or University policy. "Weapon" is broadly defined to include, but is not limited to, all firearms (including BB guns), dangerous knives, explosives, explosive fuels, dangerous chemicals, billy clubs, fireworks, and inappropriate use of vehicles. • Intentionally or recklessly activating a fire alarm without cause; tampering with or damaging fire safety equipment or initiating a false report, warning or threat of fire, explosion or other emergency on University premises. • What can your organization do? • Ensure all places where your group hosts an event meets fire code policies/laws • Ensure smoke alarms work and fire extinguishers are available • Never exceed the posted maximum occupancy for any facility • Ensure there is no smoking in the facility • If firearms are present for an event, ensure proper permits and safety

12. Sexual Violence • Policy: • Sexual violence: includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, as well as aiding acts of sexual violence. • St. Cloud State University prohibits sexual violence as it is an intolerable intrusion into the most personal and private rights of an individual. • What can your organization do? • Develop a formal policy for your organization that presents a zero-tolerance policy toward any form of sexual violence • Educate members about inappropriate behavior including verbal harassment, physical and sexual violence • Confront inappropriate behavior

13. Adopting a Risk Management Policy • CSOLD strongly encourages organizations to adopt a risk management policy addressing the following risks: • Member behavior at organization events • Travel • Possession and use of alcohol, illegal drugs and the penalties that may be imposed • Hazing • Sexual violence • Fire safety and fire arms • Sample

14. Scenario 1 Scenario 1 You are the executive board of the SCSU Architecture Club. You are planning a trip on a limited budget to the national architecture convention. This a professional organization where ¾ of the attendees are in the architecture business and the remaining ¼ are student chapters of the organization. You are hoping to bring as many people as possible on your limited club budget. The conference is in Indianapolis. There will be 3 women and 5 men attending the trip. Half of the participants are under 21. • Please consider the following questions as a group: • Should you drive or fly? What factors are there to consider? • How many hotel rooms will you need? Why did you select this number? • Can students consume alcohol on this trip? If so, under what circumstances? • What other risk factors are there to consider? How might you address these issues?

15. Scenario 2 Scenario 2 You are the events committee of the Hackey Sack club, and you are hosting a picnic at Barden Park (adjacent to campus) for new student members joining the club. While you are warming up a grill, a new student falls against it while playing Hackey Sack, badly burning his arm. The new members were playing a required game for new members, and although the student needed medical attention, he decided to stay for the rest of the required event after being talked to by a person from the club’s membership committee. The new member later said he did it in order to ‘show how bad he wanted to be in the club’. After getting the student medical attention, you meet to discuss the situation. • What general actions could have been taken to manage risk for this event? • Two weeks later, a lawyer contacts the organization and informs you that the student is seeking damages from the club and certain members for the cost of the medical treatment. • Can the president of this organization be responsible for this accident? • What actions could/should have been taken after the accident? • Does it matter if the accident occurred on University property or not? • What other risk management issues existed?

16. Questions? • Contact the Student Organizations Office • Assistant Director, Meghan Dingmann • mkdingmann@stcloudstate.edu • Program Adviser, Jeremy Sippel • studentorgsga@stcloudstate.edu • Or stop in our office, AMC 160