Transcript Julie Friend, J.D. Program Leader Training: Content, Delivery and Legal Implications MSU Professor Paul Roberts with students in Chichén Itzá, Mexico MSU Professor Jerry Urquhart with students in the.

Julie Friend, J.D.
Program Leader Training: Content,
Delivery and Legal Implications
MSU Professor Paul
Roberts
with students in
Chichén Itzá, Mexico
MSU Professor Jerry
Urquhart with students
in the Pipeline National
Rainforest, Nicaragua
OSA Associate
Director Cindy Chalou
with students in Cape
Town, South Africa
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[email protected]
International Analyst
for Travel Health,
Safety, & Security
London
OSAC Executive Council
NAFSA Health & Safety Subcom.
• Workshop Presenter
• Curriculum Reviewer
N. Ireland
India
Israel
Nicaragua
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Agenda
 OSA/MSU Overview
• OSA at MSU
• OSA’s International Analyst position
• MSU’s 24/7 Emergency assistance
program
 Program Leader
Mandatory Training
• Start-up challenges
• Essential subjects
• Assessment
Australia
 Overall Resources
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Overview
2007-08
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Nepal
250+ programs
60+ countries
3200+ students
20+ OSA employees
500+ MSU faculty
 Long tradition of faculty support and involvement
 Strong Emphasis on Health & Safety
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24/7 international emergency hotline
Emergency preparedness training
Leadership in risk questions/education
Three levels of crisis management
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Duties of Analyst
Other Institutions with
Similar Positions:
Univ. of California
Univ. of Minnesota
Brigham Young Univ.
School for Field Studies
Penn State Univ.
 Assist in the interpretation and
development of University policies,
procedures and practices related to
faculty, staff and student travel
abroad, with special emphasis on
risk analysis, emergency
preparedness, and crisis
management.
88 Total Incidents Summer 2008
 Serve as MSU’s first
• 40 medical incidents
responder to all crises
• 26 safety or security incidents
abroad, including after-hours • 7 behavioral incidents
calls into the 24/7
• 15 others categorized as
International Emergency
logistical, administrative, or legal
Assistance hotline.
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Are you prepared?
London 7/05 – file
photo, BBC.
Chengdu, China 5/08
Jaipur 5/08 – file
photo, BBC
Georgia, 8/08 – file photo,
BBC
Gaza, 1/09 – file photo,
UK’s Daily Mail
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Risk Assessment
What types of travel are
you supporting??
Andrea Funkhouser, Advisor, College of
Social Science, making a friend in Nepal
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Faculty-Led
Internships Abroad
Direct Enrollment
Provider
Independent Research
U-operated Study Centers
 If it isn’t credit bearing, it may not be study
abroad, but it still may be universitysponsored travel.
 Short-term faculty-led program pose the
highest risk.
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Problems Result
When leaders or
institutions:
This may leads to
claims of:
 Facilitate dangerous
activities or experiences.
 Express indifference to,
dismiss, or ignore known
risks.
 Perform an expected &
reasonable responsibility in
a negligent fashion.
 Dictate rules they don’t
actually enforce.
 Sexual harassment
and/or sexual assault
 ADA violations
 Negligence
Italy
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Start–up Challenges
1.
2.
3.
4.
No perception of need
Lack of time/interest
Lack of authority
Lack of staff and resources
to provide the training
Argentina
Mandatory??
Australia
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Convincing Factors
Mexico
• Possible cost savings on
overall institution’s insurance
policy.
• Good public relations.
• Greater role awareness in a
crisis situation.
• Better adherence to university
and study abroad policies.
• Consistent and appropriate
emergency response.
• Lawsuits experienced by other
institutions.
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Convincing Factors
 Six female students enrolled in a large public institution’s short-term study
abroad in South Africa reported recurrent incidents of harassment by three
male students, including the graduate assistant. After repeated, failed
attempts to get the faculty leader involved, the females left the program
early, and sued under Title IX (King).
 A wheelchair-using student from a small, private college in Oregon claimed
she was denied accommodations during her faculty-led study abroad
program in Australia. She was unable to participate in all activities and had
to be occasionally carried because alternate forms of transportation were
unavailable (Bird).
 A female student from a small, private Pennsylvania college participated in
a 3-week traveling program to Peru. During the program, she became too
ill to travel further, so the three faculty leaders left her at a Cuzco clinic in
the care of a missionary. The clinic prevented her from contacting home or
transferring to a facility in the capital city. After receiving unnecessary
surgery, she was sexually assaulted by medical staff while under local
anesthesia (Faye).
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Communicating It
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Provost/President
Risk Management
General Counsel
Deans/Chairs
Study Abroad Director
By making it part of a university’s
commitment to student health and safety,
no one office can’t be “blamed” for
making employees “do more work.”
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Enforcing It
• At MSU, we record leaders’ attendance at training
in our program database. If they do not complete
the training requirement, they do not receive their
advance or travel authorization.
• Other institutions
report withholding
pay or releasing the
leader from their
leadership role.
Panama
Nicaragua
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Delivering It
Formats To Follow
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Written handbook
On-line resources
On-line PowerPoint tutorial
1-2 hour presentation
Pre-departure staff/faculty
orientation
• Half-day workshop
• Off-campus retreat
(one day or more)
Nicaragua
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MSU’s Outline
 Overview of Resources
 General Emergency Preparedness
• Health Assessment & Review
• Pre-departure
• Upon arrival
 Responding to Emergencies
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Ireland
24/7 Int’l Emergency Assistance Line
Medical emergencies
General emergencies
Discipline problems
Liability overview
 OSA Responsibilities in a Crisis
 Assessment
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Essential Subjects
 Inform your leaders about
available study abroad
materials
• Student and/or leader
handbooks
• Your web sites (should mirror
handbook)
• Health clearance policies
Panama
 Role of leader outside class
Nicaragua
• Is he/she on-call 24/7?
• Will he/she drive students in
personal vehicle?
• Will he/she engage in alcohol
consumption?
• How will he/she handle parents?
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Subjects, cont.
 University policies applicable abroad
England
• Faculty/staff employment agreements.
• Safety policies/protocols (may include
NAFSA or underwriter principles).
• Applicable codes of student conduct,
policies and/or procedures.
 Drugs, alcohol, behavior
• Explicit instructions on how to monitor,
react to, and address such policies.
 Federal statutes that may be applicable
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Title IX Prohibition Against Discrimination & Sexual Harassment
Federal Education Rights & Privacy Act
Americans with Disabilities Act
Drug-free Schools & Campuses Act
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Title IX Trouble
 Spending any time with an
individual student ALONE in his
or her residence.
 Holding office hours in a hotel
room or local residence.
 Using sexually-charged language
to describe unwarranted dress
(such as “no sexy clothing”).
 Not taking a sexual harassment
claim seriously, or having an
effective reporting mechanism.
 Permitting colleagues or other
students in your control to
behave in an inappropriate
manner.
India
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ADA Violations
 Making a statement such as:
"Students with any medical or
physical conditions that might
pose a danger to themselves or
the group in high-altitude, remote
situations will not be accepted."
 Engaging in subtle discouragement of students with disabilities.
 Assuming a student is indifferent
Australia
to the challenges that they may
face abroad.
Exaggerating an ability
 Expressing discontent about
to provide the same
having to “deal with” “mental
accommodations
problems.”
abroad.
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Negligence
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Hiring a disreputable transportation
provider, allowing them to stick to a
schedule or route you know to be
unsafe, traveling at night, or not
inspecting vehicles.
Having rules, policies, or procedures
that you do not follow.
Failing to conform to standard safety
practices for the activity, not just the
country.
Expecting experts in one field to be
experts in another.
Dismissing safety alerts and warnings
from reputable sources, without review
and documentation.
Assuming program leaders “know
the right thing to do.”
Not requiring int’l medical insurance.
Not having (someone) available 24/7.
Practicing medicine without a license.
Kenya
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Not having a health review
process, or failing to protect a
student’s medical privacy.
Not having workable emergency
and communication plans.
Not having access to a lot of
money – fast.
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Emergency Prep.
 Pre-departure
• Questions regarding
vaccinations & heath concerns
• Students with disabilities or
disclosed pre-existing
conditions
• On-campus orientation
• Faculty handbook
• Cell phone requirement
• Program finances
• Country information sheets
• On-site contact information
• Crisis communication plan
Costa Rica
What to Take Abroad
• Faculty Handbook
• Cell Phone (do not pack)
• Wallet Guide
• First Aid Kit
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Provide Definitions
Defining Medical Emergencies:
any hospitalization no matter
how brief:
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Rape or sexual assault
Severe food poisoning
Severe allergic reaction
Anything of a psychiatric nature
Any incident involving injuries
or potential injuries
Defining General Emergencies:
Anything “newsworthy” regardless of
its impact on students or programs:
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 Bar fights, sports/leisure
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accidents, slip-n-falls, etc.
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Kenya •
Terrorist Bombing (London ’05)
Armed Conflict (Israel/Lebanon ’06)
Foiled Terrorist Plot (London ’06)
Military Coup (Bangkok ’06)
Widespread Riots (Budapest ’06)
Protests/Civil Unrest (Bangladesh ’06)
Foiled Terrorist Attack (London ’07)
Terrorist Explosion (Glasgow ’07)
Terrorist Attack (India ’07)
Earthquake (Peru ’07)
Hurricanes (Central America ’07)
Earthquake (New Zealand ’07)
Bhutto Assassinated (Pakistan ’07)
Earthquake (China ’08)
Armed Conflict (Georgia ’08)
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Crisis Preparation
 Safety or security
emergencies
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Acts of terrorism
Natural disasters
Student missing, arrested,
victimized
 Medical emergencies
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Hospitalizations
Life-threatening injury/condition
Animal/insect bites
Pre-existing conditions
Mental health
China
Italy
 Financial emergencies
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Currency devaluation
Change of itinerary
Leader or student loses all
money or access to money
 Discipline emergencies
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Must provide guidance/steps
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Emerg. Comm. (1)
Make the information easy to read and follow
May 16-30: London
Generator Hostel London
Compton Place
(off 37 Tavistock Place)
London WC1H 9SE, UK
Phone: 011-44-207-388-7666
May 11-June 23: Dhaka
ACI Baobab Center
Villa 509, Sicap Baobab
BP 5270
Dakar Fann SENEGAL
Tel: 011-221-825-36-37
Fax: 011-221-824-07-41
May 20-27: Tokyo
Hotel Asia Center of Japan
8-10-32 Akasaka
Minato-ku, Tokyo 107-0052 JAPAN
Phone: 011-81-334-02-6111
Fax: 011-81-334-02-0738
Record the phone
numbers as if you were
dialing from the States,
and include the 011
international dialing code
Email: [email protected]
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Emerg. Comm. (2)
Reaching someone stateside 24/7
• Tell leaders, when, where, and
how to call you.
• Make it easy – fund the phone.
Student Card
Program Leader
Card
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Emerg. Comm. (3)
Faculty and staff leaders must
1.
2.
3.
4.
5.
6.
Secure safe location or treatment facility.
Contact or respond to directions of local authorities. For
medical emergencies, also contact INSURANCE PROVDER.
Notify HOME CAMPUS/CONTACT of your location and
status.*
1.
2.
Call XXX-XXX-XXXX (during business hours)
or XXX-XXX-XXX (24 hours)
Wait for further instructions from __________.
Communicate instructions/information to students.
Maintain communications with _________.
* Note that e-mail may be the best form of communication, so use and
check e-mail often during a crisis, particularly if it is widespread.
Email us at ____________________________.
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Emergency Prep.
 Arrival Protocols
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Account for no-shows
Record emergency information
Share known risks
Convey cell numbers
Create communications tree
Implement buddy system
Create an emergency action plan
Argentina
Australia
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Emergency Action Plan
1. Discuss the potential crises that could
occur in your area.
2. Agree on when and how to check in if
an emergency occurs.
3. Designate a primary and secondary
meeting place.
4. Report your status to home campus.
5. Require students to check-in with
home.
6. Designate a student leader in case
faculty is incapacitated or unavailable.
• If there is only one leader, identify
an on-site contact person for
before departure.
South Africa
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Discipline
 Define discipline problem
 Share violation protocol
 1st - Oral Warning (and e-mail OSA)
 2nd - Written Warning
 3rd – dismissal
 Egregious violations allows for
immediate dismissal
Japan
• Ask to be informed ASAP
• Have template letters
Italy
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Using Insurance
Verify a complete emergency medicine insurance policy
and who will advocate on behalf of the student.
• Communicate whose is responsible for talking to various
audiences.
 Other students, parents, university officials, media, State
Department, insurance provider, etc.
• Leaders should always have provider contact information
and contract number available.
• In places where care can be suspect, seek facility referrals
in advance, and include in your EAP.
• Get provider involved in medical
emergency as soon as possible.
• Adhere to guidelines and require written
incident reports.
 Remind all to take good notes.
• De-brief and revise protocol.
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Non-emerg. Care
• Who takes the responsibility when a
student needs non-emergency
medical attention?
• What if translation or monitoring is
needed?
• Is there a facility or physician referral
from your insurance provider (or the
local U.S. embassy or consulate)?
Korea
Mt. Kilimanjaro,
Tanzania
• Does your insurance program cover nonemergency care?
• Are students/faculty prepared to cover
out-of-pocket costs?
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Road Travel
• Public Transportation vs. Private
Transportation vs. Taxis vs. Bus or Boat
– What are the potential hazards of each?
How will you assess these?
Resources:
• Association for Safe
International Road Travel
(ASIRT): http://www.asirt.org
• Local contacts
• Local government resources
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Other Subjects
Special considerations for activityintensive programs
• Additional training or protocols for
rural/field-based programs
• Employee liability and/or medical
insurance coverage
Australia
India
• Activities not covered by
insurance policy (exclusions)
 Scuba diving, bungee
jumping, parachuting?
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Trends
We are seeing more students with…
• Troubling judicial records
• Pre-existing health conditions
– Some face complications abroad & are not
prepared, or are inattentive to their own needs
– Most have successful, trouble-free experiences
• Inadequate pre-departure preparation
• Indifference to risk
• Violent, armed attacks in developing countries
We are also responded to more loss and
theft than in previous years
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TEST THEM
What is wrong here?
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Resources
Off-campus
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Organizational
Governmental
Institutional
Associations
Private Agencies
Conferences
Publications
On-campus
• Risk Management
• General Counsel
• Judicial/Student Affairs
• University Physician
• Health Clinic
• Police/Security
• Disability Services
• Human Resources
• Registrar
• Counseling Center
• Int’l Student Services
• Area Studies Centers
India
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References
 King, et al. v. Eastern Michigan University,
an unpublished case.
 King v. Bd. of Control of E. Mich. Univ., 221
F. Supp. 2d 783 (E.D. Mich. 2002).
 Jeffery R. Young, When Trips Abroad Go
Bad: A Recent Ruling Extends Sex
Discrimination Protections Beyond U.S.
Borders, The Chronicle of Higher Education,
October 4, 2002 at A49.
 Bird v. Lewis & Clark College, 104 F. Supp.
2d 1271, 1273 (D. Or. 2000), aff’d 303 F. 2d
1015 (9th Cir. 2002).
Nepal
 Fay v. Thiel College, 200 WL 1910037
(Pa.Com.Pl. 2001)
 Compare to McNeil v. Wagner College, 667
N.Y.S.2d 397 (N.Y. App. Div. 1998).
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Joy is worth a little risk
Italy
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