1. The Laws of Leadership Legal Issues Facing Student Organizations
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2. Introduction
What do you need to know to protect your organization from legal problems?
What issues should you as a leader be looking for, and where can you get help?
What personal liability can you face as the leader of a student organization for actions taken by someone in your organization?
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3. I. Negligence
Occurs when someone has a duty to another person, breaches that duty, and the other person suffers harm as a result.
Example: Someone is injured while participating in your service project painting houses.
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4. Who faces potential liability?
Your organization
Your advisors
Your members
You
The University
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5. What can you do to minimize your risk?
Have participants sign properly drafted Waivers.
Train participants and instruct them as to potential dangers.
Conduct the event taking great care for safety and document what precautions you took.
Check to see if you have insurance and know what it covers.
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6. II. Contracts
Get all agreements in writing and have them signed by the proper people.
Make sure agreements are complete and accurate.
Make sure the contract includes “what happens if…” provisions.
Have safeguards in your own policies for who may obligate your organization.
Do not represent to third parties that you are a “Baylor” representative.
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7. III. Hazing
Any intentional, knowing or reckless act, occurring on or off campus, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization at Baylor.
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8. Questions to ask yourself
Does the activity add to the worth and growth of the individual?
Would you be willing to invite your advisor to the activity?
Would you be willing to invite President Lilley to the activity?
Would you be willing to invite the parents of the member to the activity?
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9. If the answer to any of these questions is “No”, Don’t do it!!
Can new members and initiated members participate equally?
Can this activity be written into your new member manual and shared with other chapters and national officers of your organization?
If the answer to any of these
questions is “No”, Don’t do it!!
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10. Penalties
Individual –Range from $2000 to $4000 fine and/or jail for up to one year
Organization – Fine up to $10,000+
For failure to report – Fine of up to $2000 and/or jail for up to 180 days
University sanctions
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11. What can you do? Educate your members.
Detect violations by your members.
Take corrective actions – Report violations to University officials.
As a leader, vocally support the commitment to eliminating hazing.
Emphasize positive programming.
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12. IV. Alcohol Offenses
For minors who purchase, attempt to purchase, possess, or consume alcoholic beverages, etc.:
Class C Misdemeanor, fine up to $500
Alcohol awareness class
8-40 hours Community Service
days loss or denial of Drivers License
3rd offense, over 17 –fine of $250-$2000 and/or jail up to 180 days plus automatic drivers license suspension, and no deferred disposition available
University Sanctions
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13. For adults and minors who sell or give alcohol to a minor:
- Class A misdemeanor – fine up to $4000 and/or jail for up to one year – for selling to a minor. Up to 2 years of Community Supervision or 3 years with an extension.
University Sanctions
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14. Liability for Damages
Persons 21 or older can be held liable for damages caused by intoxication of a minor under 18 if the adult knowingly provided alcohol to or allowed the minor to be served alcohol on premises owned or leased by the adult.
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15. What Can You Do?
Have written policies consistent with the law and Baylor’s policies regarding alcohol.
Inform your members of possible consequences.
Enforce your own rules. Have a zero tolerance attitude.
Have advisor(s) present at all functions.
Be sure you know what is considered a function.
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16. V. Financial Considerations
Keep good records. Prepare financial statements every month.
Don’t give blank signed checks to members.
Inform your advisors and your executive committee at every meeting where your budget stands.
Know what you can and cannot do to retain nonprofit status.
Make members personally accountable for exceeding their budgets.
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17. Assess penalties for hot checks against your members.
If you have more than $25,000 in income in a single year, file a 990 return with the IRS on time. Failure to do this can cost you up to $10,000 per year.
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18. Where To Get More Information
Office of the Attorney to Students
4th Floor Robinson Tower
Attorney to Students Website
Student Activities
Student Activities Website
IRS Website –
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