1. Legal Issues Abroad

2. Goals
Issue Spotting
When in Doubt, Ask

3. Outline Sample Laws Legal Risks Legal Concepts ADA/Section 504 FERPA
Clery Act
Vendor Selection
Title IX
Inadequate Crisis Planning or Orientation
Legal Concepts
High Risk Activities or Locations
Negligence
Reasonable Care
AoR, Exculpatory/Indemnity
Due Diligence
These are the questions that would be asked in court if a case were brought for injury abroad.

4. Disability Laws ADA and Section 504
Prohibits discrimination against persons with disabilities
*Screening Out Prohibited
*If new request for reasonable accommodation abroad, consult DSS
*Health Information – Confidential and Available
Phil Magalong, the DSS Director, is going to talk more in depth about accommodations while abroad.
Screening out = asking an applicant about a disability and prohibiting or dissuading from participation. We ask certain health information questions AFTER admission. But students are encouraged to get in touch with DSS ASAP in the process
DSS will work with you if there are any accommodations you need to be aware of before leaving. But if a new request comes in, contact DSS
Health information form contains very private information. Need to balance keeping information confidential but need to have that information since it was provided. University on notice
Bird Case: Lewis and Clark college sued because the college promised they could provide her reasonable accommodations in her wheelchair, but she alleged 22 locations were inaccessible (assistance to leave her lodgings, group excursions, etc) – Important not to overpromise

5. FERPA Protects student education records University employee’s access
Health or safety emergency exception
* Think about how you will safely store and access records
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

6. EU General Data Protection Regulation
This is a new European Union Privacy law.
Effective May 2018.
It will make staff at EU institutions very cautious about sharing info back to home campus.
There is a fundamental human right to privacy in the EU
Nothing in this law prevents our students from getting back to us on a problem, nor does it prevent our faculty from getting in touch with the home campus.
We will more answers on this as the law develops. We will be working with Global Ed to figure out how best to address this new law.

7. Campus Security Act Reports first to local police in the host country
Mandates the Reporting and Disclosure of Certain Crimes by Program Directors
Crimes to report - see handout
Location: non-campus building or property
Reports first to local police in the host country
*Then report the matter to DPS at tel. (202) and to
Alcohol and Drugs arrests or referrals if illegal in host country, Illegal Weapons Possession, Domestic violence, stalking, and dating violence, Hate crimes
Non-campus building or property for Catholic University purposes includes any foreign campuses or building or property owned or controlled by the University and used for educational purposes (including through a lease agreement). 

8. Title IX Prohibits gender discrimination
Includes sexual harassment and sexual violence
Important to receive full T9 Training
Frank Vinik – T9 Coordinator
*You may have to initially manage
Take steps to ensure safety of students
Preliminary corrective measures
Ex: termination of vendors or the suspension of on-site faculty and/or students from participation in any or all program activities.
Slightly more than half of all claims reported in study abroad involve sexual misconduct. Unlike in the US, most sexual assaults abroad involve an international male the student met. Don’t leave your friends behind in a bar or with a stranger is the best advice.

9. Negligence Failure to use reasonable care Questions to consider:
What would a reasonable person do in this situation?
Questions to consider:
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.

10. Forms Assumption of Risk Exculpatory Clause Indemnity Clause
Asks if an individual knew the risks of participating in an activity and voluntarily took on those risks
Exculpatory Clause
Release from liability for University
Indemnity Clause
Student agrees to repay University for loss, damage, or liability
Medical Consent
Authorized emergency treatment for student
Enforceability?

11. Due Diligence
How do you evaluate the reliability and services you procure?
Transportation** (insurance)
Housing
Restaurants
Tour Guides or Operators
Medical Facilities
Excursions
Other Vendors
Whenever possible, site visits
These are the questions that would be asked in court if a case were brought for injury abroad. Driving or being a passenger in a vehicle abroad can be risky. One in 10 claims submitted to United Educators, an insurance company for educational institutions, involves a transportation incident. CDC states road traffic accidents are the leading cause of deaths to US citizens abroad.

12. Planning Check state department advisories
Check with ASIRT (Safe International Travel) for advice on routes
Onsite orientations
Have emergency plans in place, with back up
Train everyone on the plan
Know your students and any unique issues
*Ask Global Ed

13. Actual Scenarios to Consider
McNeil: Negligent supervision of medical care?
Fay: Negligence of supervisor not accompanying to clinic?
King: T9 violation for unaddressed sexual harassment?
Bloss: Negligence for failure to secure housing closer to campus?
For illustrative purposes:
McNeil: Visiting Austria and hurt her ankle. Program administrator acted as interpreter. Lawsuit that Program Administrator did not inform her that the doctor recommended immediate surgery and she had long term injury
Fay: Fell ill in Cuzco, Peru. Taken to medical clinic and left in the care of a Lutheran missionary not affiliated with the college. Three faculty supervisors continued with other students on excursion. Alleged underwent unnecessary emergency appendectomy and both the surgeon and anesthesiologist sexually assaulted her while unconscious. In this case, court ruled exculpatory clause invalid (adhesion K)
King: In S Africa, Plaintiff alleged she was forced to leave a 5 week program early because of the actions of three male students. Alleged repeated incidents of harassment and repeated attempts for program director to resolve
Bloss: P staying with host family 2.5 miles from main campus. While traveling alone at night, driver pulled off to side of road and raped her at knifepoint. P did receive explicit warnings during orientation about safe ways to travel and disregarded those instructions. Also first time in 18 year history of the program that a rape occurred