Risk Management for Student Organizations

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Risk Management for
Student Organizations
Office of the Dean of Students
Texas A&M University-Kingsville
Goals for this presentation:

Increase your awareness of risk
management concepts

Explain what is expected of you/ your
organization

Alert you to potential problem areas

Provide you with information to present to
your organization
What is Risk Management?
With any decision, activity or event there is
some risk undertaken by the participants
and the host.
Something could go wrong …
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Who’s responsible?
Who pays?
What is lost?
Definition of Risk Management:
In any decision or activity there is an
element of risk. Risk Management is:
“The process of handling risk by way of
reduction, elimination or transfer of
risk”
Or the shorter version:
“Risk Management is good decisionmaking” (University of Connecticut)
Why Risk Management awareness?

As organizational leaders you want to
have a successful organization and events
and also not incur unnecessary risk.

The university also wants organizational
affairs including events and activities to be
safe and well-planned so as to contribute
to effectively to its mission.

Texas law requires it.
IMPORTANT CONCEPTS
Host / Sponsor Negligence
Negligence occurs when someone has a duty to
another person, breaches that duty, and the other
person suffers harm as a result.

Example: You host an event, someone is injured,
and it can be proved that the injury was due to
your failure to provide safeguards for a known
safety risk associated with the activity.
Did you know or should you have known?
Concepts: Liability

Who is legally responsible for improperly
overseeing an organization or event?
Liability can be assumed by:
- Your organization
- Your advisors
- Your members
- You – as an individual
- The University
Concepts: Consequences
Injury
 Property damage
 Lawsuits (cost money, use up resources)
 Loss of reputation
 Emotional costs to those involved
 Organization sanctioned
 Criminal inquiries / charges

Areas that would be examined
Organizational by-laws / rules
 University rules in place
 Customary practices / org. “culture”
 Actions of leaders
 Planning efforts / safety measures in place
 Membership awareness /training efforts
 Prior incidents – how did you handle them,
did you ignore or discipline members?

Texas Law Requirements
Representatives of all student organizations
must attend a Risk Management session
once a year. Advisors at least one time.
Attendees must present the information to
all their organizational members at a later
meeting as part of their training.
Organization must document in writing.
The organization may be sanctioned for
non-compliance.
Required Discussion Topics
Possession and use of alcohol/ drugs
 Hazing
 Sexual abuse
 Discrimination / Harassment /Bullying
 Fire and other safety issues (weapons)
 Travel regulations
 Behavior at parties /other events held by
the organization
 Adoption of a student organization risk
management policy

Alcohol / Illegal Drug Offenses

Violation of state / federal laws
Can lead to citation or arrest

Violation of University policy
Alcohol policy (pages 49;66; 2012-13
Student Handbook)
Drug policy (page 70-71; 2012-13
Student Handbook)
Alcohol & Illegal Drugs, cont.
Be sure your policies / practices are
consistent with the law & university
 Inform your members of the
consequences of inappropriate behavior
 Model the expected behavior
 Enforce your own rules – zero tolerance
 Have your advisor present to assist you
 Use good planning techniques when
having events (Social Event Policy)

Hazing (page 71-72 S. Handbook)
Can be found guilty of criminal conduct for
hazing, encouraging hazing or having
knowledge of the planning of hazing
incidents, and failing to report it to the
Dean of Students or authorities.
 An organization commits hazing if it
condones, encourages, or if an officer or
any combination of members, pledges or
alumni commit or assist in the commission
of hazing.

Hazing, continued

Any intentional, knowing or reckless act
occurring on or off campus by one person
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, affiliated with, holding office in, or
maintaining membership in an
organization.
Hazing, continued
Not a defense that the member agreed to
do it.
 Liability waivers are not valid.
 Can be considered hazing even if “no one
was hurt.”
 Not just physical acts considered hazing.
 Not a defense: “this is the way we have
always done it”

Hazing - Reducing the risk
Make a commitment in your organization
 Have a written policy – follow it.
 Be proactive – educate your members
(both new and old)
 Confront inappropriate behavior
 Emphasize positive programming activities
that build up / involve all members.
 Report it when it happens.

Sexual Abuse & Harassment
Sexual harassment means unwelcome
sexual advances, requests for sexual favors,
or other verbal, visual or physical conduct
of a sexual nature, submission to which is
made a condition of a person's exercise or
enjoyment of any right, privilege, power, or
immunity, either explicitly or implicitly.
* TAMU System Policy 34.01 Sexual Harassment
Sexual Abuse & Harassment, cont.
Sexual harassment may range from
unthinking and often unintentional verbal
denigration of a person on the basis of
gender to actual physical assault.
 offensive sexual flirtations, advances, or
pressure for sexual activity;
 unwanted touching, pinching, or
unnecessary brushes;
 unwanted exposure to sexual graffiti,
photographs or suggestive objects;
Sexual Abuse & Harassment, cont
sexual innuendoes or statements made at
inappropriate times or disguised as humor,
or obscene gestures;

disparaging remarks about one's gender;
or
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any offensive or abusive physical contact.
Sexual Abuse & Harassment, cont.
Conduct, whether on or off campus, will constitute
sexual harassment when:
 (1) submission to, or toleration of, such conduct
is made (either explicitly or implicitly) a term or
condition of employment or participation in other
System-related activities;
 (2) submission to or rejection of such conduct by
an individual is used as a basis for employment
decisions or academically-related decisions
affecting such individual; or,
 (3) such conduct has the purpose or effect of
unreasonably interfering with an individual's
ability to function normally, or of creating an
intimidating, hostile, or offensive environment.
Sexual Abuse & Harassment, cont.
Sexual abuse / assault complaints may be
made to University Police Department,
Student Health & Wellness and/or the
Dean of Students Office
 Sexual harassment complaints may be
made to the Dean of Students, Student
Health & Wellness, or your supervisor –
they are referred to the Compliance Office
for investigation.

Sexual Abuse & Harassment, cont.
Educate your members about
inappropriate behavior including verbal
harassment, physical and sexual assault
 Have extra safeguards for minors

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Develop a formal policy for your group
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Confront inappropriate behavior according
to your policies / constitution
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Report it to a university authority
Fire Safety / Use of Firearms
Educate your members on Weapons Policy
and Fire Safety guidelines
 Confront members in violation – report it
to Student Activities or Dean of Students
 Be sure that facilities utilized by your
organizations meet all local fire and health
code standards
 Post emergency numbers in your facility
 Never exceed the maximum occupancy
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Fire Safety / Use of Firearms, cont.
Be sure that smoke detectors are working
 Check all exits are clear at all times
 Ensure that fire extinguishers are present
and easily accessible
 Follow other facility use guidelines:
- use of candles
- nonflammable decorations
- use of fireworks / flammables
- No smoking in the building

Student Travel Regulations
Provisions apply to any student who travels more
than 25 miles from campus to an activity or event
 Organized or sponsored by the University,
 Funded by the University,
 Using a vehicle owned or leased by University;
 Or travel required by a student organization
 Apply to faculty, staff and students who engage
in transporting students off campus on any
University business or related travel activities.
 Departments may also mandate additional
procedures.
Use of Privately Owned Vehicles
If used for travel to and from activities and
events organized and sponsored by TAMUK
or student organization
 Expected to follow safety requirements in
TAMUK Travel Policy
 Must have a valid state driver’s license
 Motor vehicle insurance
 Current state inspection
Student Travel, continued
Organizations must submit the following paperwork to the
Dean of Students at least 3 days in advance:
Trip Itinerary Form (one per group)
Travel Passenger List (one per group)
Emergency Notification Form (one for each traveler)
TAMUK Assumption of Risk Indemnification Agreement (one
for each traveler)
 At least one copy of the Incident/Accident Report should be
taken with the group.
The organization should keep a copy of the Emergency
Notification & Assumption of Risk Forms for each member
while traveling. The information will be needed in the case of
an accident or other incident.
Student Travel
Follow safety precautions in planning
 Inform members about conduct
expectations / safety guidelines before
leaving on the trip
 Allow for stops to prevent driver fatigue
 Follow speed limits / traffic laws
 Use seat belts at all times
 Have a good driving record
Refer to Dean of Students website for forms
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Behavior At Parties
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Communicate expectations clearly to members
Responsible for guests
Establish active precautionary measures to
ensure that alcoholic beverages are not served to
minors / persons who appear to be intoxicated.
No event shall include any form of "drinking
contest" or encourage the rapid consumption of
alcohol in the activity or its promotion.
Non-alcoholic beverages and food must be
available at the same place as the alcoholic
beverages.
Plan for “crowd control” measures
Act on “rowdy or disorderly conduct”
Other areas of potential risk
Handling of money within the organization
 Fundraising procedures
 Handling of food (Health & Safety Code)
 Compliance with Contract by ARAMARK to
provide food service on campus
 Fulfilling contracts w/vendors, entertainers
 Soliciting guidelines
 Harassment /Bullying / Discriminatory
practices
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Civility
A good leader and successful organization
practices and fosters a culture of civility
 Mutual respect
 Positive peer mentoring
 Tolerance for others different from you
 Negative, demeaning, slandering remarks
 Respect privacy rights of others
 Decorum expected of a young professional
no longer in junior high or high school
Civility, continued
There are people who persist in creating
“drama” – help defuse their power
 Speak up
 Redirect the behavior
 Refrain from spreading gossip
 Enforce your organization’s core values
 Protect your organization’s image
Use /abuse of social media is a growing
concern
Harassment / Bullying
Conduct with intent to harass, annoy, alarm,
abuse, torment, intimidate or embarrass
Persistent and creates a hostile environment
 Verbal, phone, writing, or any form of
electronic communication; 3rd party
 Jokes and other comments interpreted as
threats are taken seriously.
University will investigate and take action
Discrimination
All organizations are subject to University’s
anti-discrimination policy
 Statement in your constitution
 Use group consensus /voting in decisions
 Avoid preferential treatment
 Do not single out people you dislike
 Be inclusive
 Speak up if something is not right
Where do you go from here?
Put time/effort into event planning
 Conduct a Risk Management awareness
session for your organization
 Keep your advisor informed / involved
 Develop a risk management policy for org.
 Document your planning activities
 Contact Student Activities staff for
assistance (593-2760)
 Help your organization become stronger!
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