Legal Issues Abroad February 2013. Common Law Negligence defined: Doing something a reasonably prudent person would not do or The failure to do something.

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Presentation transcript:

Legal Issues Abroad February 2013

Common Law Negligence defined: Doing something a reasonably prudent person would not do or The failure to do something a reasonable person would do.

Negligence What did you know? What should you have known? How much control did you have? Were best practices followed? In loco parentis as possible standard

Most Common Risks Road Accidents Sexual Harassment or Assault Inadequate Supervision Inadequate Medical Care Significant Leader Error Alcohol (including drugs in drinks) Psychological Problems

Prevention of Risk Follow Policies and Procedures Know Best Practices Can always contact CUAbroad with questions Know your students and any unique issues Separate or sanction disruptive students Implement emergency plan Onsite Orientation

Expectations Program Director not expected to be omniscient, but, there is an expectation that Participating in trip relatively free from harm Students informed on reasonable precautions Faculty there to provide support and guidance as needed

Emergencies If emergency contact Dept. of Public Safety at ( or local police/fire as needed) or Frontier MedEx for medical emergency # on Travel ID card

Laws to Know Title IX (non-discrimination on basis of gender) Prohibits Sexual Harassment Program Directors report complaints of harassment to CUA EO Officer at or

Laws to Know Americans with Disabilities Act Ideally students identify the need for accommodations through Disability Support Services (DSS) prior to departure If disability brought up while abroad refer to DSS

Laws to Know Clery Act (Campus Security Act) Crime reporting obligations applies to Catholic University owned or controlled property (includes leasing) Hotels used by program on a regular basis but only report crimes for time period in use by program

Laws to Know Program Directors are Campus Security Authorities for Clery Purposes Security Authorities must report crimes that occur abroad to Dept. of Public Safety Report to

Laws to Know What Crimes Must Be Reported? Homicide Sex Offenses, Forcible or Non-forcible Robbery Aggravated Assault Burglary Arson Motor Vehicle Theft Hate Crime Alcohol, drugs, weapons

Laws to Know Family Educational Rights and Privacy Act Student must consent for CUA to release education records to a third party. with certain exceptions contained in the law. Directory information may be released without permission of the student unless the student has specifically said no. College officials with a legitimate educational interest in the record may have access to the record. In a health or safety emergency, FERPA does not prevent release of necessary data.

CUA policies to review Reasonable Accommodations Contract Approval and Signatory Authority Global Education Student Records Sexual Assault and Harassment Travel