Transcript Study Abroad Programs

TRAVEL WISE:
Managing Off-Campus Safety and Risk
“Managing the Risks for International
Studies”
March 23, 2009
Jean Demchak,
Global Leader, Education Practice
Outline

International Travel Statistics

Types of Programs

Risks of International Travel

Management of the Risks
– Prevention
– Risk Financing
2
What is Risk Management?

The effective principles and practices to manage risk
in institutions of higher education.
– Knowledge of risk profile
– Indemnification (transfer of risk)
– Loss control prevention measures
– Legal liabilities

Goals:
– To protect the reputation and resources of institution through
sound risk management practices in all aspects of the
operations.
– Establish best practices for risk management
– Collaborate across all areas of campus to embed a culture of
risk management
3
Trends in Study Abroad

College and University President’s Increase
Emphasis on Internationalization
– Serving more Students with Less Resources

Study Abroad is more popular than ever among
students

International travel a critical component of higher
education

Short term programs on the increase

Move to the Developing World

Inconsistent academic, support and safety
standards
4
10-Year National Growth in Study Abroad
250,000
144% increase in the last decade
191,321
200,000
205,983
174,629
143,590
150,000
154,168
160,920
129,770
113,959
100,000
89,242
99,448
95/96
96/97
97/98
98/99
99/00
00/01
01/02
11.4%
14.6%
13.9%
10.6%
7.4%
4.4%
50,000
0
YOY %
Change
02/03
8.5%
03/04
04/05
9.6%
7.7%
5
SOURCE: Open Doors, Institute of International Education, 2004/2005. http://opendoors.iienetwork.org
Current Destinations*
Middle East
0.8%
North
America
0.8%
Latin
America
14.4%
Oceania
7.3%
Multiple
regions
4.9%
Europe
63.1%
Africa
6.3%
Asia
3.4%
* Institute of International Education - 2007
6
Growing Destinations of Interest

Significant increases:
– China
– Cuba
– South Africa
– New Zealand
– Italy
90%
46%
26%
24%
15%
*Institute of International Education – November 2007
7
Legislative Support

NAFSA Panel’s goal triple students studying abroad
– Lincoln Fellowship Program

Increase number of students to 1,000,000

Stipends / funding for students

Top priority destination: developing countries
*lincolncommission.org
November 2007
8
Race/Ethnicity Demographics of U.S.
Study Abroad Students
6.3%
Caucasian, 83.0%
5.6%
3.5%
1.4%
0.4%
Asian or Pacific
Islander, 6.3%
Hispanic or Latin
American, 5.6%
African American,
3.5%
Multi-Racial,
1.2%
83%
Native American
Indian, 0.4%
SOURCE: Open Doors, Institute of
International Education, 2004/2005.
http://opendoors.iienetwork.org
9
Developing Concerns

Kidnappings are common:
– Significant income stratification
– Internal political conflict
– Corrupt government

Al Qaeda’s Global Network of Networks
– Africa, Middle East, Central Asia, Southeast Asia
10
Terrorism’s Impact on Study Abroad?

Guidelines for safe study abroad programs:
– Security belongs at the foundation of a program
– Designate a security manager or managers
– Invest in security evaluations of host countries
– Learn from institutions that have suffered critical incidents
– Gain advice from a security professional
– Consider risk and evacuation insurance
– Avoid pitfall of “more remote, more rewarding”
– Involve families
– Develop security plans and nurture student awareness
*SAFETI On-Line Newsletter, Volume 2, #2, Fall-Winter 2001/2002
11
Types of Programs & Activities

Non-credit work experiences

Internships/service learning

Island programs/faculty led

Hybrid model

Direct enrollment/immersion

“Junior” term/May term

Faith-based mission outreach
12
Types of Programs & Activities

Faculty activities:
– Sabbaticals
– Research
– consulting

Alumni trips

International business travel by faculty/staff
13
International Risks

Some are new:
– supervise social and
–
–
–
–
athletic activities
prevent injuries caused by
substance abuse
provide adequate facilities
transport safely
prevent harassment

Some are not:
– inexperienced faculty
– language and interpretation
– unfamiliar legal system
– evacuation
– substandard healthcare
– loss of communication
14
Alcohol Consumption Overseas for US Students
Under 21

Challenging question for US institutions where under 21 alcohol
consumption is allowed in certain countries

Whatever approach your institution takes, three factors remain
important for liability purposes:
– Explain your approach in writing to students and, as
appropriate, their parents,
– Enforce your policy consistently,
– Include information about your policy in your release or
waiver form that students (and parents) sign.
15
International Travel Incidents

Transportation
– Automobile,
– Buses: hired and public

Bodily Injury
– Rape, sexual harassment, assault

Sexual Misconduct (students and trip leaders)
16
Rutgers University: Incidents and Claims

Koobi Fora Field Station, Kenya: Vehicle upset

Merida, Mexico: Sexual Assault (Rohypnol/Alcohol)

Valencia, Spain: Knifing Assault, Improper Admission of
Participant

Haifa, Israel: FX Spine, Rock Climbing

Madrid, Spain: Sleep Walking, Fall 3rd floor, Alcohol, No
HIV Blood Supply Testing Protocols

New Delhi, India: Severe Illness after Fumigation

Shanghai, China: Students present when US Bombed
Chinese Embassy, Increased Anti-American sentiments
17
In loco parentis
“… it is clear that parents and family members of
students injured or killed in international studies
tragedies are firmly advancing the in loco parentis
theory”
Richard C. Kast
Liability Issues in International Studies
18
“STAFF” Model
Human
Component
Perceptions
in the US
Perceptions
Abroad
S: Student
Indep. Adult
Dep. "Adult"
T: Top Adm.
Internat'ize
Ltd. Resource
A: Adm SA
Focus Expert
Broad Focus
F: Faculty
Teach/Acad.
Teach/Acad.
F: Family
Indep. Child
Dep. Child
19
Elements of Negligence

Careless performance of a legal duty that causes harm

Failing to act reasonably when there is a duty to do so

Conduct below the established legal norm for
protecting others
20
Know The Legal Climate

Is it the same away from campus as on campus?
– Tort Theory
– Contracts
– Federal Regulations and Legislation

How is the legal climate different when outside of
the Canadian borders?

Increased litigiousness in American society in
general --- teaching others??
– few legal precedents
– Web site headline: “Travel Abroad, Sue at Home”
21
Legal Responsibilities

Three areas of law that may affect study abroad
liability risks:
1. Tort Liability: claims which involve negligence
such as failure to protect others from a reasonable
risk of harm

in international study cases, institutions have a legal “duty
of care” for participants
22
Legal Responsibilities

Continued:
– 2. Contract Law: documented relationships between
participants & program. Any written agreement determines
responsibility and right of involved parties.

All representations by program sponsor may be
considered by court, including:
- program brochures, catalogs & posters
- Neiswand v. Cornell (1988)
¯ Cornell U unintentionally guaranteed a student’s
safety in writing and was later held responsible for
student’s injury
23
Legal Responsibilities

Continued:
– 3. Federal regulations and legislation: US government has
adopted a variety of laws & policies affecting higher
education, which may affect international education. They
include standards on:




Title IX (Earlham College & E. Michigan cases)
Campus Security -- Clery Act (Crime Reporting)
ADA (Disabilities)
- Clear communications re reality of circumstances
FERPA (Student Records)
24
International Responsibilities
“Your responsibility to your students is to ensure that
they receive all the information and assistance they
need and that they understand their own
responsibility for maintaining their health and well
being.
Your responsibility to your institution is to see that
your program complies with relevant statues and
regulations and that institutional liability is minimized
through careful planning.” J.E. Gore
NAFSA’s Guide to Education Abroad
for Advisers and Administrators
25
Guidance for Administrators

Students
– Receive the relevant information
– Receive the necessary assistance
– Understand their responsibilities

Institution/Employer
– Comply with statutes/legislation/regulations
– Minimize institutional liability

Policies/Procedures

Crisis Plan

Business Continuity Plan
– Conduct periodic risk assessment audits
26
Responsibility to Students

Include parents

Full disclosure of risks
– Cultural differences, crime

Evaluation of fitness of students
– Medical exam
– Health insurance
– Maturity
– Mental health concerns

Participation forms/waivers

Maintain veto power

Orientation – home campus, on-site, interim
27
Policies and Procedures

Designate a Study Abroad Administrator

Review contractual language with collaborators and/or
participants

Evaluate extraterritoriality of Canadian Legislation

Adopt a Code of Conduct for students

Manage transportation risks

Review housing policies

Communication
28
Crisis Plan

Analysis of relevant risks

Manage high risk activity

Emergency action plan

Evacuation, repatriation, and safe haven
29
Crisis Action Plan for Overseas Programs

Protocol for Response to crisis
– University Crisis Management Team (UCMT)
– Coordinated and comprehensive response
– Communication with On Site Coordinator
– Community Relations and Media Contact
– Commitment of Resources – Insurance

Final Authority
– Executive VP for Academic Affairs
30
Insurance Issues

Analyze Institutional insurance (domestic and local
country) to verify coverage in foreign jurisdictions
– Workers compensation
US Defense Base Act WC effective 8/1/06

- Mandatory coverage required to be carried by
US government for any US entity contracting
with the US government on work taking place
in foreign lands
– Automobile liability
– Health coverage (student & staff)
31
Insurance issues

Other insurance issues
– Foreign travel accident, medical evacuation and
repatriation coverage
civil unrest
– Student health insurance
– Locally mandated insurance

– Special Risk
– Kidnap & Ransom
32
Country of China – Insurance Environment

Mandatory coverage
– Automobile Liability (placed with agent/broker)
– Social Security (compulsory by SS Bureau)
– Workers Compensation (compulsory by WC Bureau)




Labour Law requirement
Non-residents working temporarily for a non-registered US firm
are not subject to the provisions of the local WC act
Labour dispute arbitration system in China
State Fund has no recourse against employer
– Provisions exist for extra-territorial coverage under insurance
coverage or official law
33
Country of China – Insurance Environment
continued

Legal Liability – Laws by which members of the public
may seek indemnity for bodily injury and death or
damage to their property:
– General Principles of the Civil Law of PRC
– Consumer Protection Law
– Law of Products Quality
– Contract Law, etc.

General Liability (third party)
– Limits recommended for American Enterprises:


At least US$1M (RMB 8M)
Claims – courts / judges are inclined to liberal awards
34
Other Considerations

Coverage options (include international 24-hour global
and multilingual network for Medical Evacuation &
Repatriation)
– International SOS Company, Philadelphia,
www.internationalsos.com/company/ (product demonstration page)
– HTH Worldwide, Radnor, PA -- www.hthworldwide.com/

International health program and online health & security information

New policy for health insurance for foreign students in U.S.
35
Other Considerations (continued)
– Medex Assistance, www.medexassist.com/scholastic.cfm

Emergency medical evacuation

Medically supervised return

Repatriation of mortal remains

Travel assistance for dependent children

Travel assistance for companion if member is hospitalized when travelling
– Universal Travel Protection --www.utravelpro.com/

Menu approach

New Terrorism options
36
Conclusion

Expansion of Global Programs – A Priority

Standards of Care – Are they Increasing?

Complexity of Exposure is on the Rise

Improve Management Control

Partnerships with Experts is a Must

Good Luck ! ! !
37
Resources


“Perspective” The Campus Legal Monthly
“International Study Abroad Programs: A Critical Legal Planning
Session” by Gary M. Rhodes, Ph.D., USC

Overseas Security Advisory Council (OSAC) -- www.ds-osac.org/

National Association of College & University Attorneys (NACUA) www.nacua.org

The Chronicle of Higher Education - www.chronicle.com

National Association of International Studies (NAFSA) www.nafsa.org

“Safety is an Important Part of Studying Abroad”, Mike Halligan, U of
Utah, Campus Firewatch, February 2004, www.campusfirewatch.com
38
Resources

U.S. State Department -- http://travel.state.gov/index.html or for
student access -- http://travel.state.gov/studentinfo.html
– Bureau of Consular Affairs
– Overseas Citizens Services Tips for Students
– Overseas Security Advisory Council
– Travel Safety for Student: Press Release
– Travel Warnings
– Services and Info for American Citizens Abroad
– How Consular Officers Can Help in An Emergency
– Important Telephone Numbers
– Links to US Embassies and Consulates Worldwide
– Bureau of Educational and Cultural Affairs
– Country Reports on Human Rights Practices
39
Resources

The U.S. Centers for Disease Control and Prevention www.cdc.gov/travel

American Council on Education (ACE)/The International Initiatives www.acenet.edu

Institute of International Education - www.iie.org

US Peace Corps - SAFETI Adaptation of Peace Corps Resources

International Student - www.internationalstudent.com

Study Abroad - www.studyabroad.com

Center for Global Education/University of Southern California www.usc.edu/globaled

University Risk Management & Insurance Association
www.urmia.org
40
Jean Demchak
Managing Director
Marsh Education Practice
(860) 723-5635
[email protected]