Student Organizations and their Officers Managing and Reducing Risk & Liability Fall 2016 Campus Activities & Engagement Sarah Raidbard & Steph Sirovatka-Marshall

UW-System Risk Management https://www.wisconsin.edu/risk-management/manual/ “Students volunteering for University events or student organizations holding events which are jointly sponsored by a University department are likely to be considered agents of the University and thus covered by the State Self-Funded Liability Program for acts committed in the scope of that agency.”

So why is risk and liability important for us to discuss? We want to have an educational, fun and safe event We want to reduce the risk of a lawsuit And, we want to help safeguard: you, your family and your future your organization officers, members and advisor(s) your organization’s guests and contractual vendor the UW-Parkside staff and UW-System Administration

That said…. 3 questions to keep in mind before the event or activity… That said…..3 questions to keep in mind before the event or activity…. 1. Can I/we prevent a lawsuit through proper event planning? 2. Will I/we be covered by the State’s insurance, special event insurance or my personal insurance? 3. Can I/we be held liable for this situation? Your role and responsibility as student organization/club officer requires you to think about the risk and liability to your membership and the students, staff, faculty and community members involved in your organization and its events.

If a situation arises…. How will you answer these? Have you taken steps a prudent and reasonable person would take to minimize or eliminate the risk? Were you acting within the scope of your responsibilities? Were you sanctioned by the University? In order to be provided liability coverage in the event that something bad happens, we will be asked the following questions:

Ways to Reduce Risk to the Organization and its Members Train officers, advisors and members Use appropriate facilities & use facilities appropriately Use appropriate equipment Identify participation risk and manage it Complete appropriate paperwork, especially those needing prior approval in a timely manner Follow common-sense and sound prevention practices Meet with campus staff to discuss risk and ways to reduce it Adhere to institution and state policies These are steps that a prudent and reasonable person would take to minimize risk

To be Eligible for the State’s Self-Funded Liability Program University events and activities which are jointly sponsored with CA&E or other appropriate university departments and: applicable to the mission of the university. beneficial to the university. follow university procedure & policy. appropriate to the mission of the student organization.

Assistance provided by campus and UW-System might include: General counsel provided by UW-System Administration Money for settlements Punitive damages – damages awarded for no other reason than to punish Compensatory damages – ‘real’ costs incurred Institutional support Counseling services Academic withdrawal Investigative services Discuss deep-pocket concept and shared responsibility. Institutional support example: physical or rehab therapy, counseling services, academic support Remember the courts will be seeking evidence of your negligence

Minimizing Risk & Liability Starts With….. You & …. Annual University Recognition Adhere to organization’s constitution, by-laws and maintain a membership that is open to all students, unless otherwise specified Have officers and membership attend trainings; it takes a whole organization to help it be successful! Primary advisor(s) must be recognized by campus through an appointment letter Use and educate your membership and guests about the Hold- Harmless and Behavioral Agreement and Statement of Compliance for Non-Hazing Use Private Account and SUFAC funds appropriately Complete appropriate paperwork and forms in a timely fashion Hazing is very serious and the courts have broadened the definition. What is the definition? Any form of mental or physical duress.

Minimizing Risk – cont. Understand that use of campus facilities and services are privileges, not rights Follow campus, local and State policies, laws, rules and regulations Use authorized drivers when traveling Conference and event registration must be approved by membership, advisor and Campus Activities & Engagement Don’t sign a contract, letter of intent or confirm an email unless you intend to be personally liable; once there is a contract, follow through on agreement Use the Risk Assessment Matrix to develop events that minimize risk and purchase Special Event insurance if needed Keep Campus Activities & Engagement and campus-recognized organization advisor(s) up to date and informed of activities and programs

Minimizing Risk – cont. No alcohol: UW-System Administration’s General Counsel and the courts do not believe that it is necessary to have alcohol at any student organization and most university events Hazing is against the law in Wisconsin --- this is a Felony Offense and will not be tolerated or defended – even if it is considered ‘tradition’ Seek help from credible sources and follow recommendations Ask questions and obtain feedback from credible sources Always Remember ~ No matter where you and your organization members are – on campus, in the community, or out of state – you are representing the University, be professional and appropriate!

Your team’s resources include: Risk Assessment Matrix Student Organization & Advisor Handbook Contracts and Letters of Intent UWS: Students, Student Organization and Liability Coverage Special Event Insurance for events other than a standard meeting (health insurance is not provided) Additional police and security to reduce risk & liability Off-Campus Event Permission, Driver Authorization, Travel forms, EMS Reservation, Parkside Contracts & UW System Riders, Behavior Agreements etc. Campus advisor; staff from Campus Activities & Engagement, Student Center, and Dean of Students; Parkside Police Example of WIPZ contract for MTV program: contract had language that the university would not agree too and student had signed --- parents paid off the agent for the cancellation.

Related Policies Include The Following Administrative Policies: 4: Alcohol Use 21: Dining Service 32: Campus Promotion and Posting 21: Catering & Bake Sale 14: Solicitation of Sponsorship (Fundraising) 34 Raffle 18: Facility Use (Reservations) Motion Picture Viewing Policy Copyright Laws – federal Dance, Party & Other Events with Police Policy Statement of Compliance for Non-Hazing ~ Are there other policies that you can think of? Content and appropriateness of promotion Caterings: poster/announcement to campus free food at event if SUFAC funded and provide attendance list Dining Services holds the health license for campus --- for us to have food/beverages on campus. Payroll: for officers (must be students) State employee (you pay benefits too) Reservation Policies – most appropriate facility and equipment for event (i.e.: no smog machines --- set off fire alarms which create panic, must post strobe lights to be used for students with epilepsy

Thank you and have a great year! Student organization leadership should be fun, educational, rewarding . . . a learning and growing experience. . . . Leadership and organization activities are valuable services to the campus community and student leaders need to do their part to ensure a positive experience for all members. Thank you and have a great year! What are some of the events and activities that happen in your club or organization that might involve elements of risk or are worthy of discussions about safety and risk? Again, we are not trying to eliminate fun or events – we just want to make sure if that unexpected tragic event happens --- that you and your organization are not out there all by yourself trying to fix the problem or being sued.