1. Legal Issues Abroad 2013

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

3. 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

4. IES Abroad Best Practices Standards for managing a crisis Develop and maintain extensive crisis management protocols Trained, experienced and tested team Local management plan in place for each site Train all staff, faculty & students on plan Monitor news and consular alerts for risks Respond immediately when a crisis occurs

5. IES Best Practices cont. Communicate swiftly, effectively and accurately with parents, students, and DPS Partner with global health and safety group. Conduct post crisis review. Designate a trained spokesperson Build redundancy into plan Entire IES document online at http://counsel.cua.edu/security/publications/index.cfm http://counsel.cua.edu/security/publications/index.cfm

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

8. Negligence Failure to exercise reasonable care w/respect to safety and supervision of students. This was a non-delegable duty. Semester at Sea had a duty to warn Casey that the tour operator had little or no experience organizing tours for college students, or knowledge of safeguards. Duty to Casey was breached.

9. 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

10. 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

11. Emergencies If emergency contact Dept. of Public Safety at 202-319-5111 ( or local police/fire as needed) or Frontier MedEx for medical emergency # on Travel ID card

12. 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 202-319- 6594 or woodlm@cua.eduwoodlm@cua.edu

13. 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 cua-disabilityservices@cua.edu

14. 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

15. 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 gregoryk@cua.edugregoryk@cua.edu

16. Laws to Know What Crimes Must Be Reported? Homicide Sex Offenses, Forcible or Non-forcible Robbery Aggravated Assault Burglary Arson Motor Vehicle Theft Alcohol, drugs, weapons Hate crimes in connection with above, as well as Domestic violence, stalking and dating violence

17. 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.

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