Collaboration Across Campus: Making the Connection to College & University Legal Counsel & Risk Managers

Gary Rhodes
Associate Dean, International Education & Senior International Officer,
College of Extended & International Education
Director, Center for Global Education
California State University at Dominguez Hills

Much of the business of a college or university is concentrated during the academic year.  Although the majority of students who study abroad do so during the academic year, more than one-third study abroad during the summer. According to the most recent data of the Institute of International Education Open Doors:  https://www.iie.org/Research-and-Publications/Open-Doors/Data/US-Study-Abroad/Duration-of-Study-Abroad/2000-10, with the increase in short-term study abroad programs, the largest percentage of students who study abroad (37. 8 percent), do so during the summer. Along with summer programs, there are programs offered during January term, winter and spring break.  As a result, study abroad program support services have to continue all throughout the calendar year.

As noted in earlier articles, collaboration across campus is critical for study abroad programs to be implemented effectively.  The following chart published in 1994 in the NAFSA Newsletter provides a snapshot of the many responsibilities of a study abroad administrator:
 

At a future date, I will look into the importance of having connections to the many different academic departments on a campus to ensure effective implementation of study abroad programs. In this article, I will focus on the two offices that I think are particularly critical when developing policy that will support effective program development and implementation, ensure preparation for worst-case scenarios, and limit institutional liability.

From the point of program development to implementation, evaluation and follow-up, it is critical that the study abroad office staff work closely with both legal counsel and risk management staff. The office of legal counsel on a campus is the office that includes attorneys and responds to legal issues.  At some institutions, these are full-time or part-time lawyers working directly for the university.  At other institutions, these attorneys work for an outside firm and charge their hours as outside counsel.

The university risk manager will be responsible for identifying areas of risk on a college or university campus and implementing policies and procedures to limit those risks.  On some campuses, there may be no formal risk manager. On those campuses, the person responsible for making policies about insurance and negotiating those agreements may be the closest staff member for a study abroad office to connect with.

As study abroad staff, it is important to identify those individuals with legal and risk management responsibilities to discuss health and safety challenges and issues for your study abroad programs. Obtain their support for developing programs, policies and procedures, and have them prepared to be engaged if a crisis takes place abroad where you may need their support.  They are two critical members of a campus crisis management team.

The SAFETI Program Audit Checklist (https://globaled.us/safeti/program_audit_checklist.asp) provides a broad range of issues, with background information as well as sample forms that identify some of the issues where help and support is important from risk managers and legal counsel.  Some of the documents developed in the Terra Dotta Community Library can also help respond to these challenges.  When using these forms and other resources, legal counsel and risk managers can provide guidance on the best ways to use this content to support study abroad program implementation.

The Risk Manager:  The higher education association that supports risk managers is the University Risk Management and Insurance Association (URMIA).  As mentioned earlier, there are different staff who take responsibility for the risk management role, but two critical elements that connect with the work of a study abroad administrator are: developing and supporting minimum levels of insurance, and helping to create, manage and provide resources to limit crisis and support emergency response policies and procedures.

In cooperation with the National Association of College and University Business Officers (NACUBO), an International Resource Center is available online that includes a description of the Risk Management role in Safety and Emergency Preparedness for international activities (https://irc.nacubo.org/riskmanagement/Pages/SafetyandEmergencyPreparednessAbroad.aspx#risk_mgmt).  Some of the issues highlighted in this document include:

• Supporting the safety of students and staff
• Identifying country-specific risks
• Developing and implementing emergency response plans for all potential worst-case scenarios
• 24-Hour emergency assistance support for medical and mental health issues
• Health insurance
• Information resources for faculty, staff, and students
• Transportation planning
• On-site personnel issues
• Evaluation of on-site program facilities (including fire safety)
• Evacuation procedures
• Training of faculty, staff, and students
• Communication and tracking support (24-hour contact information for faculty, staff, and students)

In some cases, the risk manager will want to be consulted on these and other issues by study abroad staff. In others, they may be willing to take on responsibility for developing policies, procedures, and training. In most cases, they will at a minimum do a review and provide support for insurance and emergency assistance coverage issues.

As the number or programs and program locations continue to increase and the types of worst-case scenarios take on different shapes, from environmental disasters to political unrest to transportation issues to medical and mental health challenges, it is critical that the risk manager provide guidance to study abroad faculty and staff when implementing programs.

Legal Counsel:  Whether dealing with the development of a release form for students or contracts with international collaborators, it is critical that legal counsel are involved in the process of reviewing all documents with legal implications.  Some study abroad faculty and staff have close working relationships with legal counsel.  Others have reported difficulties in getting any time or support from campus or outside counsel.  With the preponderance of legal action when someone feels like there is a problem with any issues in the U.S., it is critical that study abroad staff have a working relationship and guidance from legal counsel.  Health, safety, and legal risks exist on all college campuses and in study abroad programs.  In some cases, legal counsel can support study abroad staff when determining whether potential health, safety, and legal risks are too great for an institution to implement a study abroad program. When the health, safety, and legal risks can be managed, legal counsel can help identify the minimum standards/guidelines/policies to implement programs effectively.  When it is determined that a program provides risks and liability beyond the comfort level of the institution, faculty interested in implementing high risk programs may listen more closely to a determination by legal counsel than they would a study abroad staff member.

When thinking about what issues should be brought to the attention of legal counsel, study abroad staff should consider any documents that could be seen as a legal agreement between the institution and a staff member, student, or faculty member in the U.S. or abroad as well as any partnerships for housing, transportation, food service, and other collaboration in implementing programs.  Staff should also consider what things students, faculty, or staff (or their families) could be upset about.  This could include injury or death, or program changes that result in a loss of money or changes in program implementation that is not implemented at a level that the faculty, staff or students are satisfied with.  One of the common reactions when someone is not satisfied with the outcome or development of a program in the U.S. is to take legal action, often resulting in a lawsuit. Legal counsel can provide help in program development and documentation that limit the potential of problems and then can help in a case where legal action is taken.

The higher education association supporting legal counsel is the National Association of College and University Attorneys (NACUA).  NACUA conferences as well as other higher education conferences that focus on law have included a steady number of programs featuring legal issues and study abroad programs.

To develop effective policies and procedures for building and implementing study abroad programs, partnerships with legal counsel and risk management are critical.  Whether it be establishing minimum standards for insurance, tracking and communicating with students, or developing appropriate policies, contracts, and documentation, it is critical that study abroad staff do not develop materials, policies and procedures in isolation.

Along with protecting students, faculty, and staff involved in study abroad programs, it also helps protect and support study abroad staff when they are involved in a worst-case scenario abroad or the legal action that may result from one of those scenarios.

Study abroad program development and administration takes places throughout the calendar year and support from staff across campus, including risk managers and legal counsel, should be available in the development and implementation and review of all study abroad programs.