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

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
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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?
o 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.
o 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:
o 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
o 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:
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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):
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How you will travel
Accurate dates/times
# of participants
Advisor who will be traveling
Accommodations
Transportation Chart
Miles from Baylor
University
Campus
1-49 Miles
50-125 Miles
126+ Miles
350+ Miles
Personal Vehicles
Commercial
and/or chartered
vans
Commercial
and/or Chartered
Vans
Personal Vehicles
Personal Vehicles
Commercial
and/or chartered
vans
Charter Bus or
Commercial Air
Personal Vehicles
Commercial
and/or chartered
vans
Commercial
and/or chartered
vans
Charter Bus or
Commercial Air
Number of
Organization
and/or Guest
Participants
1-25 Participants
26-50
Participants
51+ Participants
Personal Vehicles
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:
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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:
o Class A misdemeanor, including fines up to $4,000 and/or jail time for up to one
(1) year
o Automatic suspension of driver’s license for 180 days
o University sanctions may include suspension, expulsion, mandatory alcohol
awareness training, loss of organizational membership, etc.
Alcohol & Illegal Drug Offenses
• What Can You Do?
o Have written policies consistent with the law and Baylor’s policies regarding
alcohol and illegal drugs
o Inform your members of possible consequences for their behavior
o Utilize your organization’s judicial process – have a zero-tolerance attitude
o In severe cases, reach out to an advisor
o Have your advisor present at off-campus events
o 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?”
o 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?
o 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:
o 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:
o 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?
o 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.
o 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.
o Confront inappropriate behavior among your members
• Change is always hard…but change for the better is always a good idea.
o 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:
o Interferes with Baylor’s pursuit of its educational and
Christian objectives,
o Fails to exhibit a regard for the rights of others,
o Shows disrespect for the safety of persons and
property, and/or
o Violates, or attempts to violate, rules, regulations,
policies, or laws.”
Sexual Assault, Harassment, or Misconduct
•What Can You Do?
o Develop a formal policy for your organization
that presents a zero-tolerance policy toward
any form of sexual abuse, harassment and/or
misconduct
o Educate your members about inappropriate
behavior including verbal harassment and
physical and sexual assault
o 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?
o 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.
o 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?
o Never exceed the posted maximum occupancy of any facility used by the
organization
o Ensure that all smoke alarms are functioning in all facilities used by the
organization
o Promote the tobacco-free campus
o Ensure that all exits remain clear for easy access and escape
o Ensure that fire extinguishers are available and easily accessible
Fire Safety & Use of Firearms
• What Can You Do?
o 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
BAYLOR BOOSTER CLUB RISK MANAGEMENT POLICY
(revised July 2010)
The Risk Management Policy of the Baylor Booster Club includes the provisions which follow
and shall apply to all club entities and all levels of club membership.
ALCOHOL AND DRUGS
1. The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, during a club
event, in any situation sponsored or endorsed by the club, or at any event an observer
would associate with the club, is strictly prohibited in accordance with Baylor
University policy.
2. The possession, sale or use of any ILLEGAL DRUGS or CONTROLLED SUBSTANCES
during a club event or at any event that an observer would associate with the club is
strictly prohibited.
HAZING
Hazing is defined as any intentional, knowing, or reckless act, occurring on or off the campus of an
educational institution, 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.
The Baylor Booster Club does not tolerate any form of hazing. Individuals participating in hazing
activities are subject to removal from the organization, pending a hearing by the Baylor Booster Club
Judicial Board.
Further, the Baylor Booster Club works to positively influence its members and their educational efforts.
Therefore, no conduct or behavior that interferes with a member’s academic success, including but not
limited to acts of hazing, will be tolerated.
MEMBER BEHAVIOR AND CONDUCT
The Baylor Booster Club exists as an extension of Baylor University. As such, the club’s
members are expected to always conduct themselves in such a manner as to positively
represent the institution, the club, and as individuals.
It is expected that no member of the Baylor Booster Club will engage in conduct that:
1. Interferes with Baylor’s pursuit of its educational and Christian objectives,
2. Fails to exhibit a regard for the rights of others,
3. Shows disrespect for the safety of persons and property, and/or
4. Violates, or attempts to violate, rules, regulations, policies, or laws.
Members choosing to behave in such a manner will face disciplinary action as dictated by the
Baylor Booster Club Judicial Board including, but not limited to:
1. Loss of selected membership privileges;
2. Loss of elected positions of leadership;
3. Suspension of membership;
4. Revocation of membership.
TRAVEL
The Baylor Booster Club will adhere to University policies and procedures for all
organizational travel. The use of personal vehicles for organizational travel extending beyond
125 miles from the Baylor University campus is strictly prohibited.
SEXUAL ABUSE AND HARASSMENT
The Baylor Booster Club will not tolerate or condone any form of sexist or sexually abusive
behavior on the part of its members, whether physical, mental or emotional. This is to include
any actions which are demeaning to women or men, such as verbal harassment. The club will
not tolerate sexual assault in any form.
FIRE, HEALTH AND SAFETY
1. The Baylor Booster Club will comply with all fire code recommendations as presented
by the Baylor University and/or Waco Fire Marshall(s).
2. The possession and/or use of firearms or explosive devices of any kind are expressly
forbidden. Any member of the club found to be in possession of a firearm while on
Baylor University campus premises will have his/her weapon confiscated by the Baylor
Police Department and the member will face possible disciplinary action as dictated by
the Baylor Booster Club Judicial Board.
http://www.baylor.edu/content/servi
ces/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.
o 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!
[email protected]