STUDENT ORGANIZATION RISK MANAGEMENT TRAINING UNT Student Activities Center WHY RISK MANAGEMENT? In 2007, the 80th Texas Legislature added section 51.9361 to the Texas.
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STUDENT ORGANIZATION RISK MANAGEMENT TRAINING UNT Student Activities Center WHY RISK MANAGEMENT? In 2007, the 80th Texas Legislature added section 51.9361 to the Texas Education Code regarding risk management training of officers and advisors of student organizations It requires the University cover 7 different topics related to risk management It requires advisors to attend risk management training once and specified officers to attend annually Requires you to report on the training’s content at a meeting of the full membership of the organization/club There will be a quiz TOPICS TO COVER (1) possession and use of alcoholic beverages and illegal drugs, including penalties that may be imposed for possession or use; (2) hazing; (3) sexual abuse and harassment; (4) fire and other safety issues, including the possession and use of a firearm or other weapon or of an explosive device; (5) travel to a destination outside the area in which the institution is located; (6) behavior at parties and other events held by a student organization; (7) adoption by a student organization of a risk management policy. (1) POSSESSION AND USE OF ALCOHOLIC BEVERAGES AND ILLEGAL DRUGS Texas law states that one must be 21 or over to possess or drink alcohol Being at a University with a mixture of students above and below legal drinking age, this causes problems for students and student orgs when underage students decide to drink As a result, UNT has created specific policies for drinking on campus Therefore, a student AND student org is not only subject to criminal and/or civil proceedings regarding violations of the law (both alcohol and illegal drug), but also university proceedings through the Dean of Students If found in violation of the law, you could face a number of sanctions, from community service to jail time And if found in violation of the Code of Student Conduct (“Code”), you could face sanctions ranging from a warning through expulsion (1) POSSESSION AND USE OF ALCOHOLIC BEVERAGES AND ILLEGAL DRUGS [CON’T] University policy prohibits the unlawful possession, use, or distribution of alcohol and illegal drugs on all university property AND as part of any official university activity, except as expressly permitted by law and university policy or regulation (e.g., official tailgating; at events, with appropriate permission) Student organizations desiring to sell, serve or consume any type of alcoholic beverage on campus must obtain permission at least 10 business days in advance via the Alcohol Use Request form, with the exception of the Union, Gateway Center, and Apogee, all 3 of which arrange presence of alcohol and distribution. If your org desires to have alcohol at an on-campus event, refer to Policy 10.14 “Use of Alcoholic Beverages,” for more info. (2) HAZING “Hazing” means any intentional, knowing, or reckless act, occurring on or off 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 term includes: any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of harmful substance on the body, or similar activity any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student (2) HAZING [CON’T] Definition (continued) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization of the institution rather than submit these activities; and any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the State Penal Code (2) HAZING [CON’T] A student’s willingness to participate in any of these activities does not mean that an activity is not considered hazing, nor is it a defense to any charges of violating UNT policy or state law (2) HAZING [CON’T] Hazing is not only a violation of Code, but also violation of state law A student violates this policy and state law if he or she: engages in hazing; solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; recklessly permits hazing to occur; or has firsthand knowledge of the planning of a specific hazing incident involving a student at the UNT, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the Dean of Students or other appropriate university official. (2) HAZING [CON’T] A student could be expelled from UNT for being found in violation of hazing, and is also subject to civil and criminal sanctions for violating state law, which include: Offense of failing to report is a Class B misdemeanor (fine up to $1000 and/or up to 180 days in jail). A violation that does not cause serious bodily injury to another is a Class B misdemeanor (fine of $500-$1,000 and/or 90-180 days in jail). Any other offense that causes serious bodily injury to another is a Class A misdemeanor (fine of $1,000-$5,000 and/or 180 days-one year in jail). Any offense that causes the death of another is a state jail felony (fine of $5,000-$10,000 and/or 1-2 years in jail) (2) HAZING [CON’T] An organization violates this policy and state law if it: condones or encourages hazing, or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing An organization could be suspended from UNT for being found in violation of hazing, and is also subject to civil and criminal sanctions for violating state law, which include: A misdemeanor offense punishable by: a fine of $5,000$10,000; or If the court finds that the offense caused personal injury, property damage, or other loss, of at least $5,000 to up to double the amount lost or expenses incurred because of the injury, damage, or loss (2) HAZING [CON’T] The university may grant immunity from university-imposed sanctions for a violation of this policy to each student who voluntarily testifies against an individual who, or organization that, violates this policy. Any person who reports a specific hazing incident involving a student to the Dean of Students or other appropriate official of the university, is immune from universityimposed sanctions that might otherwise be incurred or imposed Same goes with criminal prosecution. A person will be granted immunity from prosecution for reporting it (2) HAZING [CON’T] Resources Dean of Students website: deanofstudents.unt.edu Student Activities UNT Hazing Hotline: 940-369-STOP (7867), or call 911 in emergency (3) SEXUAL ABUSE AND HARASSMENT It is a violation of the Code to engage in acts of sexual misconduct, sexual abuse, sexual harassment, sexual exploitation, sexual violence or sexual coercion as defined by state, international and federal law and university policy Sexual Harassment is defined in Code as: unwelcome conduct of a sexual nature including but not limited to unwelcome sexual advances, requests for sexual favors, sexual violence and other verbal, nonverbal or physical conduct or a sexual nature (3) SEXUAL ABUSE AND HARASSMENT [CON’T] If not related to employment status, students should report harassment violations to the Dean of Students. If you or anyone in your org becomes the victim of sexual assault, abuse, or violence, notify the police immediately and go to the hospital for an examination. Victims may choose to have someone take them to the hospital or a police officer can meet them at their location to provide transportation. The police officer will need to obtain a statement describing the details of the assault. A counselor from the Denton County or Dallas Rape Crisis centers will be contacted to meet with victims at the hospital. The counselor will talk with victims and inform them of their options involving counseling (4) FIRE AND OTHER SAFETY ISSUES University policy requires students and student orgs to follow fire and safety code within buildings, which means enforcing a fire capacity within rooms (e.g., for meetings or events). University Policy now prohibits camping on University Property, with a few exceptions (e.g., tailgating). For more info, see Policy 18.1.24. University policy and state law prohibit carrying weapons onto university property and onto property utilized for university programs or activities, even if off-campus (4) FIRE AND OTHER SAFETY ISSUES [CON’T] It is a violation of the Code to have unauthorized use or possession of ammunition, explosives, or other objects that are dangerous or flammable or that could cause damage by fire or explosion to persons or property Also a violation of the Code to tamper with or misuse security or safety equipment (e.g., fire alarms) (5) TRAVEL 18.4.5 Student Travel Policy application: Activities or events that are located more than 25 miles from the campus, and The travel is: (a) required by the student organization; or (b) funded by and requires use of a vehicle owned or leased by the university Policy discusses different safety precautions for different modes of travel (car, plane, etc.), including Common sense Following the law (e.g., wear seat belts) Maintaining van capacity at 10 individuals Upholding sleep requirements and mileage per day limits If the travel meets the criteria of the policy, an org must obtain written approval for the travel from its UNT faculty/staff advisor or the department head responsible for funding or organizing the travel before the date of the event or activity (6) BEHAVIOR AT PARTIES AND OTHER EVENTS HELD BY A STUDENT ORGANIZATION Event Application At least 15 business days prior to the event if the event is considered at least a little risky to people or facilities, which may include: expecting more than 100 people in attendance, serving food and/or beverages, selling tickets for admission, inviting off-campus guests, handling hazardous materials (fire, sledge hammer, etc.), serving alcohol, involves any kind of physical activity (dancing, flag football, basketball tournaments etc.), inviting minors (6) BEHAVIOR AT PARTIES AND OTHER EVENTS HELD BY A STUDENT ORGANIZATION [CON’T] Some of these Event Applications will be sent to the Event Safety Committee for review. When that happens, you’ll need to attend an ESC meeting. The purpose of the ESC is to ensure that all org events with possible risks associated with them are executed in the safest way possible. In the meeting, the ESC will determine stipulations that the org will need to comply with in order to hold the event. This could include things like hiring police or purchasing event insurance. (7) ADOPTION BY A STUDENT ORGANIZATION OF A RISK MANAGEMENT POLICY According to state law, organizations should adopt a risk management policy or plan. This should include standards to guide the organization in reducing risks at community service activities, socials, when traveling, and any other activity that your specific org is likely to encounter. Sample event: Hosting a skit night open to anyone Identify risks that occur for each activity Identity ways to reduce risks/prevent potentially harmful things from happening Ex: Injury on stage or even in audience Ex: Check equipment prior to use, make sure cords are taped down Create a plan for what to do if something harmful does happen Ex: Info on nearest hospital, training event staff on exit locations, first aid kit (7) ADOPTION BY A STUDENT ORGANIZATION OF A RISK MANAGEMENT POLICY [CON’T] We live in a society that loves to sue, and unfortunately, if something bad happens, the person is likely to sue the org, and officers of the org. In a court of law, if you can show that you made an effort to reduce risks and followed protocol listed within your plan, your personal and organizational liability will be decreased. Your national organization or Student Activities can help you create a risk management plan if you don’t already have one. WHAT YOU SHOULD KNOW ABOUT THE CODE AS IT RELATES TO RISK MANAGEMENT Code of Student Conduct applies to students and student orgs A student group will be responsible for the actions and conduct of its members, when one or more of its members, acting in the capacity of their membership, commit a violation of the Code. Student groups found in violation of the Code will be subject to disciplinary procedures and sanctions in the same manner as individual students, except that student groups cannot be permanently removed from the university. For orgs, sanctions from violation of the Code include from warning to loss of registered status/ability to have socials to suspension. For individual students, sanctions include a warning to expulsion. WHAT YOU SHOULD KNOW ABOUT THE CODE AS IT RELATES TO RISK MANAGEMENT [CON’T] Code applies to conduct that occurs on university premises, at university activities and also to conduct that may occur off campus that could adversely affect the university community and/or pursuit of the university’s educational mission or that could create a hostile environment for a student on campus QUESTIONS? Student Activities Center Stovall 117 (as of August) 940-565-3807 [email protected] QUIZ TIME Complete the quiz by copying and pasting the following link into your web browser https://orgsync.com/8394/forms/102648 by the given deadline Must pass with a score of at least 70% to earn credit