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10/26/11
1
Nicholas Trott Long Legal Issues in Higher Education 2011
Nicholas Trott Long Legal Issues in Higher Education 2011
10/26/11
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Nicholas Trott Long Legal Issues in Higher Education 2011
� Nicholas Trott Long Legal Issues in Higher Education 2011
� MANAGING SAFETY vs. MANAGING LIABILITY
Nicholas Trott Long Legal Issues in Higher Education 2011
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Nicholas Trott Long Legal Issues in Higher Education 2011
� WAIVER OF LIABILITY VS. � ASSUMPTION OF RISK
� DIFFERENT MODELS OF STUDY ABROAD PROGRAMS
Nicholas Trott Long Legal Issues in Higher Education 2011
� Direct Enrollment At Foreign Institutions
� Third Party Provided Programs
� Home University Campus Located
Abroad
� Exchange Programs
Nicholas Trott Long Legal Issues in Higher Education 2011
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� Internships, Independent Study, and Service Learning Experiences
� Joint Ventures With Foreign Institutions
� Faculty Led Short-Term Study Tours
� Student Organizations (Music Groups,
Athletes) Nicholas Trott Long Legal Issues in Higher Education 2011
� Faculty Research and Sabbaticals
� Attending Conferences & Professional
Meetings
� Alumni Travel Abroad Programs
Nicholas Trott Long Legal Issues in Higher Education 2011
THE SCOPE OF THE PROGRAM
� Establish a Detailed Syllabus.
� Establish a Detailed Itinerary
Nicholas Trott Long Legal Issues in Higher Education 2011
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� Appropriate Staffing Levels and Standards
› Compare With Other Similar Study Abroad
Programs
� Always Have At Least Two
Administrators/Faculty For Each Group
Nicholas Trott Long Legal Issues in Higher Education 2011
� Always Have At Least One
Administrator With No Teaching
Responsibilities
� Make Sure That All Faculty And
Administrators Understand That They
Are "On-duty" 24/7 Nicholas Trott Long Legal Issues in Higher Education 2011
� Enter Into Written Agreement With
Faculty And Administrators
� Address Workers Compensation And
Liability Defense And Indemnification
� Confirm Applicability of Home Campus
Standards
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TRANSPORTATION � Always Use Professional Services
� Always Vet The Professional Services › Safety Record
› Insurance Coverage and Limits
› ASIRT.Org
› Discuss Safety With Company Personnel In Advance
Nicholas Trott Long Legal Issues in Higher Education 2011
TRANSPORTATION � Getting From Home to the Airport
� Getting From Foreign Airport to Housing
� Transportation for Students and Staff Traveling Alone
Nicholas Trott Long Legal Issues in Higher Education 2011
LEARNING FACILITIES � Vet buildings in advance
› General Conditions › Fire Safety, Exits, Safety Drills › Learn Neighborhood and Floor plan › Electrical and Plumbing › Ingress and Egress
� Non-Classroom Learning Environments › Time Transportation Requirements › Confirm Schedules › Confirm Group Access › Identify backup alternatives
Nicholas Trott Long Legal Issues in Higher Education 2011
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HOUSING � Always Use Professional Services � Vet Housing Sites Directly � Vet Process for Choosing Home-Stay
Families � Vet Transportation Between Housing and
Classrooms
Nicholas Trott Long Legal Issues in Higher Education 2011
CRISIS MANAGEMENT � Develop Plans in Advance of the Crisis
� Establish Communication Protocols for Staff and Students
� Identify and Practice Locating Primary and Secondary Meeting Places
Nicholas Trott Long Legal Issues in Higher Education 2011
CRISIS MANAGEMENT � Document Contemporaneously
� Speak With One Voice
� Don’t Be Stampeded Into Making a Decision or a Public Comment
Nicholas Trott Long Legal Issues in Higher Education 2011
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CRISIS MANAGEMENT � Don’t Speculate
� Don’t Blame Others
� Don’t Accept Blame
Nicholas Trott Long Legal Issues in Higher Education 2011
STUDENT ADMISSIONS Program Description: Tropical Biology Belize
I am aware that this program takes place in a warm
climate and that I need to be careful and follow my
instructor’s directions in the field.
Nicholas Trott Long Legal Issues in Higher Education 2011
Program Description: Tropical Biology Belize I am aware of and I am prepared to meet the physical demands of the Tropical Biology course, which will take place both in a tropical rainforest and on a coral reef. I understand that during much of my time in Belize I will be out of doors. I will face exposure to insect bites, hot humid temperatures, bright tropical sunlight, reptiles, and marine creatures. I will be walking on rough, hard ground that is sometimes slippery. I will be traveling on a bus chartered from the only bus company operating in Belize. I understand that Southbridge College has no control over the company's operations.
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Program Description: Tropical Biology Belize I will also be traveling in an open boat to the South Water Cay, which is located 15 miles from the mainland. In addition, I may also participate in cave spelunking, night trekking, fishing, snorkeling, scuba diving, swimming and other similar out-of-doors activities. I understand that while Southbridge College manages its South Water Cay facility, the other housing it has secured for me is neither owned nor operated by Southbridge College and Southbridge College has no control over these lodging facilities. Neither does Southbridge College own, operate or otherwise manage any of the food service facilities, other than those at South Water Cay, where I will be eating.
Nicholas Trott Long Legal Issues in Higher Education 2011
Program Description: Tropical Biology Belize Nevertheless, Southbridge College has inspected all of the lodging and food services facilities and has made a good faith effort to ascertain that the lodging and food service facilities meet or exceed the standards of safety customary in Belize and other less developed countries.
Nicholas Trott Long Legal Issues in Higher Education 2011
STUDENT ADMISSIONS � Americans With Disabilities Act
� Illegal Harassment
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ORIENTATION � Program Description on Website and
Brochure � Student Handbook � On Campus Orientation � On-Site Orientation � Safety Drills
Nicholas Trott Long Legal Issues in Higher Education 2011
CHECKLISTS
� Provide Consistency
� Ensure Necessary Steps Are Taken
Nicholas Trott Long Legal Issues in Higher Education 2011
CHECKLISTS
� Provide Evidence of Actions Taken, Warnings Given
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ON-LINE RESOURCES Safety Abroad First – Educational Travel
Information Clearinghouse Project � www.globaled.us/safeti
� www.globaled.us/peacecorps
Nicholas Trott Long Legal Issues in Higher Education 2011
ON-LINE RESOURCES Standards of Good Practice for
Education Abroad and Standards of Good Practice for Short-Term Education Abroad Programs
� www.forumea.org/standards.cfm
Nicholas Trott Long Legal Issues in Higher Education 2011
ON-LINE RESOURCES The Center for Global
Education training videos
� www.globalscholar.us/index.asp Nicholas Trott Long Legal Issues in Higher Education 2011
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ON-LINE RESOURCES
The Association for Safe International Road Travel
� www.asirt.org
Nicholas Trott Long Legal Issues in Higher Education 2011
ON-LINE RESOURCES U.S. Department of State,
Travel Advice
� www.travel.state.gov
Nicholas Trott Long Legal Issues in Higher Education 2011
ON-LINE RESOURCES
Overseas Advisory Council
� www.osac.gov Nicholas Trott Long Legal Issues in Higher Education 2011
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HYPOTHETICAL PROBLEM
Nicholas Trott Long Legal Issues in Higher Education 2011
QUESTIONS
Nicholas Trott Long Legal Issues in Higher Education 2011