Managing Risk and Liability for Student Organizations/Clubs and their Officers

Office of Safety & Loss Prevention

Why is Risk and Liability important for us to discuss?

Reduce Liability and Risk to: You and your future! Your family Your officers and members Your organization’s advisor(s) The Campus Activities & Engagement Staff The Dean of Students and staff The Administration The University of Wisconsin System Administration

3 Questions to Keep In Mind….

1. Can I/we prevent a lawsuit? 2. Will I/we be covered? 3. Can I/we be held liable?

Liability Coverage Have you taken steps a prudent and reasonable person would take? Were you acting within the scope of your responsibilities? Were you sanctioned by the University?

Manage Your Risks – think about it this way: Did I/we do our best to provide safety first? Was I/Were we acting in a reasonable and prudent way if I/we were to be sued?

Training of officers, advisors and members Use of appropriate facilities Use of appropriate equipment Recognition of participation risk Completion of appropriate paperwork Follow sound prevention practices Using your campus resources for feedback Knowledge of institution and state policies

Protection by the State of Wisconsin For an event to be protected by the state, the event must first: be applicable to the mission of the university. be beneficial to the university. be under the auspices (control) of the university. be appropriate to the mission of the student organization. be appropriate to the mission of the student organization.

might Coverage Provided by UW-System might include: Legal Counsel provided by UW-SA Money for settlements ▫ Punitive damages – damages awarded for no other reason than to punish ▫ Compensatory damages – ‘real’ costs incurred Institutional support

Roles and Responsibilities in the University Community Following Simple Rules and Procedures Responsibilities and Accountability for Behavior Liability

Following Simple Rules and Procedures Annual registration of the student organization and receiving University Recognition Understanding that use of campus facilities and services are privileges, not rights Using finances appropriately whether they are from SUFAC or Private Account Completing all appropriate paperwork and forms (in a timely fashion) Seeking help from legitimate sources and following recommendations

Responsibility and Accountability for Behavior Annual registration process completed on time Adhering to organization’s constitution and by-laws Primary student organization advisor(s) is recognized by campus Membership is open to all students, unless otherwise specified Hold Harmless Agreement Statement of Compliance for Non-Hazing Behavioral Agreement and Code of Conduct

Liability Was a legal obligation incurred by an individual or group? ▫ A written contract ▫ An implied contract – not written by created by the conduct of the parties involved Are members covered by University insurance? ▫ Self-insured ▫ Special Insurance ▫ Health Insurance Are you liable through your actions to lawsuits? ▫ Did you follow credible recommendations? ▫ Did you follow university policies and procedures?

Controls: What have you done to minimize risk? ▫ Mechanisms such as the organization recognition process, your mission, legitimate practices ▫ Understanding and adhering to Student Code of Conduct ▫ Completing appropriate paperwork and forms ▫ Keeping Campus Activities & Engagement and designated advisor informed ▫ Following policies, laws, rules and regulations ▫ Using Authorized Drivers when traveling ▫ Hold Harmless and Behavioral Agreements ▫ Not signing contracts ▫ Attending training sessions ▫ Asking questions and obtaining feedback from credible sources

Managing Risk By Knowing Campus Policies & Procedures How much do you really know?

Alcohol at Events UW System Administration Legal Counsel and the courts do not believe that it is necessary to have alcohol at any student organization or university event Not permitted unless by special exception References include: ▫ Administrative Policy 4: Alcohol Use Policy ▫ Administrative Policy 21: Dining Service ▫ Dance, Party & Other Events with Police Policy

Hazing, Vandalism, Theft Hazing is against the law in Wisconsin --- this is a Felony Offense ▫ Statement of Compliance for Non-Hazing ▫ Hazing will not be tolerated or defended – event if it considered ‘tradition’ Campus penalties for hazing, vandalism and theft may include: ▫ Loss of University Recognition ▫ Loss of privileges to use campus facilities and services ▫ Individual student expulsion ▫ Denial of admission to other UW System institutions

Travel: All drivers must be authorized prior to leaving for an event whether using state-rented or private vehicles Emergency Travel Contact Information must be on file Conference and event registration must be approved by membership, advisor and Campus Activities & Engagement Hold Harmless and Behavioral Agreements reviewed Remember --- you are representing the University when you are traveling locally or out of state/region Remember --- you are representing the University when you are traveling locally or out of state/region

Advisor Role Designated advisor(s) is a recognized member of UW-Parkside staff and faculty Secondary advisor(s) take on risk and liability too Advisor must act within scope of responsibility Concerns about the organization and/or their event should be directed in writing to both the student organization’s officers and Campus Activities & Engagement staff

Resources: Risk Assessment Matrix Student Organization & Advisor Handbook Contracts and Letters of Intent University is self-insured Special Event Insurance for higher risk events The State does not provide health insurance coverage for injuries resultant from student organization events Additional police/security Off-Campus Event Policy

Other Policies and Procedures Campus Promotion and Posting Policy (Administrative Policy 32) Catering & Bake Sale Policy (found in Administrative Policy 21: Dining Service) Motion Picture Viewing Policy Copyright Laws – federal Solicitation Policy Raffle Policy Payroll Policy Reservation Policies

Remember the event or activity must be applicable to the mission of: ▫ UW-System ▫ UW-Parkside ▫ Your Student Organization/Club

What are some of the events and activities that happen in your club or organization that might involve elements of risk or danger?

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.

Questions? Thank you and have a great year! Steph Sirovatka-Marshall Director, Parkside Student Center Office: CA&E 9/29/2014