2. Risk & Liability for Student Affairs Professionals
Protect Yourself and Your Institution
Monday, March 5, 2018 • 3:40 pm
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This presentation is not intended as legal advice and should be considered general information only. The answers to legal questions generally hinge upon the specific facts and circumstances of an institution. Individuals with specific questions should contact their institution’s legal counsel.
The opinions expressed during today’s event are not necessarily those of PaperClip Communications.

3. Today’s Expert Presenters
Grant L. Azdell, Ph.D.
VP for Student Affairs & Professor at Randolph-Macon College in Virginia
Principal with Azdell-Morgan Organizational Management Solutions

4. Today’s Expert Presenters
Greg J. Nayor, Ph.D.
Vice President for Student Affairs & Dean of Students at Daemen College in Amherst, NY
Senior Consultant with Azdell-Morgan Organizational Management Solutions
Greg

5. Who is with us Today? Let’s get a sense for the pulse of the room
Ask Questions during our presentation

6. What’s At Risk? Activities and Events Transportation
Greek Life (pledging)
Overnight Guests
Response to Incidents
Athletic Events

7. Risk Assessment

8. and every campus, regardless of size, must evaluate risk.
Overview
Every institution must balance the threat of risk with the cost of prevention
and every campus, regardless of size, must evaluate risk.
RISK
PREVENTION

9. Identify the Hazards First step Systematic and orderly process
Not making “knee-jerk” reactions
Using a Risk Identifying Chart

10. Identify the Hazards What are you trying to do?
Program/Event/Activity:
What are you trying to do?
Rationale:
Why was this idea proposed?
Identify the Issues
Who is Affected?
Available Resources
Who might be negatively affected?
What are the Potential Hazards?
How?
On-campus
Off-campus
List all available on- and off-campus resources for this potential hazard.
List out each potential hazard.
List who/what could be negatively affected by this hazard and how.

11. Possible Responses to Risk
Risk Assessment
Assume
Possible Responses to Risk
Transfer
Mitigate
Prevent

12. Risk Assessment Prevent Transfer Mitigate Assume Low Benefit
High Benefit
High Risk
Prevent
Transfer
Low Risk
Mitigate
Assume

13. A Culture of Awareness Community understanding Personal responsibility1 2 3 4
Integrate
into existing “feedback
loops”
Conditions for
accountability
Create a
“safe climate” for dialogue
Conditions for accountability
Clarify expectations
Integrate into existing “feedback loops”
Create a “safe climate” for dialogue
Clarify expectations

14. A Culture of Awareness Decisions cannot be made in a vacuum
Utilizing campus resources from Areas of Risk that need to be examined
Subject matter experts
are key
Decisions cannot be made in a vacuum
Subject matter experts are key
Data informed decisions
Right people at the table
Utilizing campus resources from Areas of Risk that need to be examined
Data-informed decisions
Right people at the table

15. What About the waiver?

16. Waivers
Connell and Savage (2003): Most courts uphold clearly expressed releases when the activity in question is voluntary.
But requiring a student to sign a waiver, or requiring an activity can nullify the effect of a waiver.
Specificity matters: participants must be informed of any risks and must knowingly and voluntarily agree to accept the risk involved.
Minors cannot waive their own rights. This may be a factor for activities involving some first-year college students.

17. Hold Harmless Agreements
Morrison v. Northwest Nazarene University., 152 Idaho 660, 273 P.3d 1253 (Idaho 2012)
Person injured in wall-climbing exercise did not prove liability rested with the University.
Language of the release clearly stated that “the hold harmless clause applied to negligence and covered any loss or damage he might incur from participating in the program.”

18. Minimizing Risk

19. Minimizing Risk, Generally1
Acknowledge that risk exists. 2
Follow the policies and procedures the institution has established. 3
Acknowledge that risk exists.
Follow the policies and procedures the institution has established.
Have a plan. (And, follow the plan.)
Communicate with on-campus offices and departments who can assist with managing the risk.
Have a plan. (And, follow the plan.) 4
Communicate with on-campus offices and departments who can assist with managing the risk.

20. Minimizing Risk, Specifically
Clearly identify all risks and weigh them against the benefits likely to result from pursuing the activity.
Transfer the risks whenever possible (e.g. use approved third-party providers for transportation).
Consider alternative activities or arrangements for those who are concerned about risk.
Clearly identify all risks and weigh them against the benefits likely to result from pursuing the activity;
Transfer the risk whenever possible (e.g. use approved third-party providers for transportation);
Consider alternative activities or arrangements for those who are concerned about risk.
Take professional advice—or, if you elect not to (not recommended), document extensively your reasons for not doing so.
Take professional advice—or, if you elect not to (not recommended), document extensively your reasons for not doing so.

21. Important to Consider Now
It is important to address considerations now. A team of likely responders should be assembled to talk about pre-planning for what will occur without warning. People should be very familiar with the official response. Don’t forget to include your PR/Marketing team in these discussions.

22. Today’s Key Takeaways 1 2 3 4 5 Culture of Risk Assessment
Training is key
You want to ensure that all members of the campus community are thinking in terms of minimizing risk.
Saying no all the time is neither effective or prudent. You want to minimize liability by screening and training faculty members.
Outsourcing should be considered
There are times where the best way to manage liability is through a 3rd party. Spending a little money up front could go a long way in the future.
Make everyone an expert
The best way to ensure a culture of compliance across campus is by creating a culture of awareness throughout the division.
Policies and Procedures should be standard
Consistency is a key for success!

23. Questions? Comments? Thank you for your participation!
For Questions that Arise After the Conference:
If you have a question that you were unable to ask during today’s presentation, please feel free to the presenters directly or
Dr. Grant Azdell:
Dr. Greg Nayor:
Thank you for your participation!