Legal Issues Abroad

Top 5 Risks Abroad Transportation Sexual Assault Inadequate Crisis Planning Inadequate Orientation Travel to Risky Locations source: United Educators Forum on Education Abroad: Critical Incident Database –Contributing Factors to all Incidents: 25% Poor Judgement; 17% alcohol; 11

What is reasonable care? What did you know? What should you have known? How much control did you have? Were best practices followed? These are the questions that would be asked in court if a case were brought for injury abroad.

Crisis Planning Waivers for trips that are not part of planned academic program or that contain high risk Check State Department Advisories and follow Check with ASIRT (Safe International Travel) for advice on routes Due diligence re vendors, housing and any other activities? Forms on OGC web page-Informed consent-If possible, check out trips that a large number of students plan to go on-make sure legitimate. How have your vendors been vetted?

Crisis Planning Have an Emergency Plan in place, with back up plan Onsite Orientations Know your students and any unique issues Train faculty, staff and students on emergency plan Respond immediately to a crisis Call home campus for help-202-319-5111 Build Redundancy into Emergency Plan-Know what to do in the following situations: Student accident, illness, mental health emergency, hospitalization, arrest, sexual harassment, death. And in the following situations; Natural disaster; evacuation, political unrest, missing student, pandemic, incapacitated staff. Question: What would you do if one of your students was arrested?

FERPA Protects Student Education Records Family Educational Rights and Privacy Act (FERPA) Protects Student Education Records Access by student to own record College officials with “ legitimate educational interest” may access record Student must consent for CUA to release education records to a third party, with certain exceptions Directory information (i.e. name, address, photo) may be released w/o permission of the student unless the student has placed a hold on release Disclosure is discretionary on part of school. Question: What are exceptions to FERPA?

FERPA In a health or safety emergency, FERPA does not prevent release of needed info Release medical records on a need to know basis only Think about how you will safely store and access records. If the student has a disability, any medical information can be coordinated with DSS on home campus, unless there is a real emergency. Undisclosed pre-existing conditions can be an issue when abroad.

Laws to Know Americans with Disabilities Act Prohibits discrimination against persons with disabilities If brought up while abroad, reasonable accommodations can be made in conjunction with DSS at 202-319-5211 or cua-disabilityservices@cua.edu Phil Magalong, the DSS Director, is going to talk more in depth about accommodations while abroad.

Campus Security Act Mandates the Reporting and Disclosure of Certain Crimes by Program Directors Crimes to Report-See handout Online at http://counsel.cua.edu/security/index.cfm

Campus Security Act Reporting Obligations for Program Administrators Alcohol and Drugs arrests or referrals if illegal in host country Illegal Weapons Possession Domestic violence, stalking, and dating violence Hate crimes Additional crimes are listed on handout

Campus Security Act-Where When Abroad, All University Owned or Controlled Property If the University does not own, control, or lease property abroad then there are no reporting requirements Controlled Property: Means the University rents, leases, or has some other written agreement. Crimes must be included as long as the property is used by the Program on a regular basis BUT only for the time period in use by the program.

Reports should be made first to local police in the host country. How to Report Reports should be made first to local police in the host country. Then report the matter to DPS at tel. (202) 319-5111 and to gregoryk@cua.edu for recordkeeping

In a Crisis Designate a trained spokesperson Communicate accurately and effectively with parents, students, DPS Conduct a post crisis review After contacting local authorities as needed, contact DPS at 202-319-5111 If medical emergency, contact Frontier MedEx You are not on your own to handle a crisis, be in touch with campus after dealing with any immediate health and safety need.

Reminders When in Doubt, Always Ask Questions and Report it to the University