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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

2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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Page 1: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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

Page 2: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 3: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 4: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 5: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Nicholas Trott Long Legal Issues in Higher Education 2011

Page 6: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 7: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 8: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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.

Nicholas Trott Long Legal Issues in Higher Education 2011

Page 9: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Nicholas Trott Long Legal Issues in Higher Education 2011

Page 10: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Nicholas Trott Long Legal Issues in Higher Education 2011

Page 11: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 12: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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

Page 13: 2011-10-10 Study Abroad Final Presentation · Joint Ventures With Foreign Institutions ! Faculty Led Short-Term Study Tours ! Student Organizations (Music Groups, Athletes) Nicholas

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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