1. Legal Issues Abroad

2. 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

3. 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.

4. 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?

5. 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
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?

6. 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?

7. 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.

8. 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 or
Phil Magalong, the DSS Director, is going to talk more in depth about accommodations while abroad.

9. Campus Security Act
Mandates the Reporting and Disclosure of Certain Crimes by Program Directors
Crimes to Report-See handout
Online at

10. 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

11. 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.

12. 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) and to for recordkeeping

13. 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
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.

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