An Employer’s Guide to Developing an Internship ProgramBrought to you by Career Services

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BOARD OF REGENTSCharlie Amato Chairman SWBC San Antonio

Donna N. Williams Vice Chair Parsons Infrastructure and Technology, Inc. Arlington

Dr. Jaime R. Garza Regent Texas Plastic Surgery and Renew Associates, P.A. San Antonio

Kevin J. Lilly Regent Morgan Stanley and Company Houston

Ron Mitchell Regent Horseshoe Bay Resort Enterprise Horseshoe Bay

David Montagne Regent Sabine River Authority of Texas Beaumont

Trisha Pollard Regent Pollard Development, L.P. Bellaire

Rossanna Salazar Regent ROSS Communications, Inc. Austin

William F. Scott Regent Trans-Global Solutions Inc. Nederland

Ryan Bridges Student Regent Huntsville

Brian McCall Chancellor

MISSION STATEMENT

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Introduction .............................................................................................................................................5

What is an Internship? .............................................................................................................5

Benefits and Responsibilities .........................................................................................6

The Employer’s Role ............................................................................................................6

The Student’s Role .................................................................................................................6

The University’s Role ..........................................................................................................7

Checklist of Commitments ............................................................................................8

How to Create a Successful Internship Program ..............................9

Setting Goals .................................................................................................................................9

Writing a Plan .............................................................................................................................9

Recruiting Interns ..................................................................................................................10

Managing Interns ..................................................................................................................11

Creating an Intern Supervisor’s Handbook ................................................11

Developing Quality Work Activities .....................................................................12

Orientation & Training ..........................................................................................................13

Orientation Checklist .........................................................................................................14

Supervising an Intern ..............................................................................................................15

Evaluating the Internship Experience .............................................................16

Legal Issues to Consider......................................................................................................17

Additional Resources and References ..............................................................21

Sample Forms/Resources .................................................................................................23

Internship Job Description ...........................................................................................25

Site Supervisor’s Student Intern Final Evaluation................................27

Internship Final Student Evaluation ..................................................................31

TABLE OF CONTENTS

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The University•Texas State’s 34,413 students choose from 97 bachelors, 87 master’s and 12 doctoral

degree programs•The university’s students come from 231 of the 254 counties in Texas, as well as

from 48 states and 63 countries. •Hispanic Serving Institution since 2010 and ranked 16th in the nation for the number

of degrees granted to Hispanic undergraduates•Ranked 13th in the nation among the best four-year colleges and universities for

veterans in Military Times EDGE magazine•For the seventh consecutive year, Texas State University-San Marcos has been named

one of the best colleges in the West for 2012 according to The Princeton Review.• Infall2005,TexasStateopeneditsfirstpermanentfacilityattheRoundRockHigher

Education Center; its campus is in Round Rock, Texas.•Thetechnologycurriculumisdesignedtoproduceaqualifiedworkforceforthe

high-tech industry, with programs in manufacturing, engineering and semiconductor manufacturing. The new Mitte Complex, which opened in fall 2003, includes a state-of-the-art microchip fabrication facility.

•The sound recording technology program, housed at Texas State’s unique Fire Station Studio, is the only degree program of its kind in the Southwest.

•Thestutteringtherapyprogramistheonlyoneof itskindinTexasandthefirstinthe nation.

•Only university in Texas to have graduated a U.S. president: Lyndon B. Johnson, class of 1930.

Academics, Faculty and Students •TexasStatehasthefifth-highestretentionandgraduationrateamongpublic

institutions in Texas.•Texas State has had 18 faculty members honored as Piper Professors for their superior

teaching. Only one other Texas university has had more•Texas State’s Department of Geography is the largest in the nation and has been

recognized by the Journal of Geography as having the best undergraduate program in the United States.

•TexasStatecertifiesmoreteachersthananyotherschoolinTexas.Ithasbeenrecognized by the Association of Teacher Educators as one of the top three teacher programs in the country and is the headquarters for the National Center for School Improvement, the Texas School Safety Center and other education initiatives that work to meet the challenges of public education today.

•Annual external grant expenditures, which totaled less than $2 million in the late 1980s, were $23.25 million in FY05.

• Students are offered leadership opportunities in more than 260 social, professional, political and religious organizations.

•The Mitte Honors Program is one of the fastest-growing honors programs in the state, serving more than 500 students.

• Students in Communication Design continue to sweep competitions in Houston, San Antonio and Dallas, building the Art and Design Department’s reputation as Texas’ leading graphic arts program.

•Bobcats compete in 16 intercollegiate sports in NCAA Division I (Football Championship Series in football), where 360 students are scholarship athletes, in addition to a wide-ranging program in intramural and club sports, which are open to all students.

POINTS OF PRIDE

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In today’s competitive workplace, employers are looking for skilled, quality peoplewhoareself-sufficientandhighlymotivated.Yourorganization’schanceof findingthesetypesof individualswillincreasebydevelopingandmaintaining an effective internship program.

WHAT IS AN INTERNSHIP?An internship is a form of experiential learning that integrates knowledge and theory learned in the classroom with practical application and skills development in a professional setting. Internships give students the opportunity to gain valuable appliedexperienceandmakeconnectionsinprofessionalfieldstheyareconsideringfor career paths; and give employers the opportunity to guide and evaluate talent.

Some characteristics of internships include:•Typically, the experience lasts three to six months; however, the duration can be from one month to two years•Usually a one-time experience•Part time or full time•Paid or unpaid•May be part of a formal education program or part of a learning program that someone develops individually•There is an intentional “learning agenda” and structure to the experience•Internships promote academic, career and personal development

In 2011, The National Association of Colleges and Employers released a positionstatementregardingthecriteriaforanexperiencetobedefinedasaninternship as the following:

•The experience must be an extension of the classroom: a learning experience that provides for applying the knowledge gained in the classroom. It must not be simply to advance the operations of the employer or be the work that a regular employee would routinely perform.•The skills or knowledge learned must be transferable to other employment settings.•Theexperiencehasadefinedbeginningandend,andajobdescriptionwithdesiredqualifications.•Thereareclearlydefinedlearningobjectives/goalsrelatedtotheprofessional goals of the student’s academic coursework. •Thereissupervisionbyaprofessionalwithexpertiseandeducationaland/orprofessionalbackgroundinthefieldof theexperience.•There is routine feedback by the experienced supervisor. •There are resources, equipment, and facilities provided by the host employerthatsupportlearningobjectives/goals

Internship P-T Job Temp Job

OrganizationEmployeeBenefits No Usually No

Large amounts of routine clerical work No Possible Probably

Fits into career path Yes Possible No

Worthy of academic credit Yes No No

Requires close supervision Yes No Probably

INTRODUCTION

How Internships Differ From Part Time and Temporary Jobs

Internshipsaresimilartoparttime/temporaryjobsinthattheycanbothleadtopermanentemployment; however, they differ in a number of ways.Mostsignificantly,thepurposeof theinternship is to be a learning experience.

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Internshipsprovidebenefitstotheemployer,thestudentandtheuniversity.Successful internships require commitments from all parties involved. In this section,wewillexplorethebenefitsandresponsibilitiesof eachgroup.

The Employer’s Role

Theemployerreapsthebenefitsof theirinternsinavarietyof ways.Somebenefitsinclude:

•Year-round source of highly motivated pre-professionals •Flexible and cost-effective workforce not requiring a long-term employer commitment•Proven and effective way to recruit and evaluate potential employees•Freedomforprofessionalstaff topursuemorecreativeprojects•Gain new perspectives from students or suggestions for improvements•Visibility of your organization is increased on campus•Company or organization’s image is enhanced as you contribute your expertise to the interns

The employer also has many responsibilities. These responsibilities include:•Recruiting students•Deciding on compensation•Providing a workspace•Setting goals and writing a plan for interns•Offering an orientation and implementing a training program•Assigninganappropriateproject•Generatingavarietyof projectsthatchallengeandstimulatetheinterns•Creatinganddefiningmeasurableworktasks•Monitoring and measuring work throughout the experience

These responsibilities will be explored in depth later in this guide under the section on “How to Create a Successful Internship Program.”

The Student’s Role

Employersarenottheonlyoneswithbenefitsandresponsibilities.Studentinternsbenefitfromtheinternshipexperienceby:

•Gaining valuable, real-world work experience•Confirmingcareerdirection•Being compensated for work (sometimes)

BENEFITS & RESPONSIBILITIES

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Student interns are also required to:•Work diligently on the activities assigned by the employer•Thinkof himself/herself asanemployee,notastudent•Ask for help when needed•Be punctual and enthusiastic for all work duties •Seek out learning experiences to acquire new skills•Satisfy academic requirements, if applicable

The University’s Role

At Texas State, Career Services is primarily responsible for coordinating and assisting students with internships. Career Services is committed to providing career resources to the students and alumni of the university. In addition to providingguidanceoninternships,theofficealsooffers:

•Career counseling and planning•Job shadowing •Résumé preparation and mock interviews•Career fairs •On-Campus interviews and résumé referrals

The mission of Career Services is to provide comprehensive assistance to Texas State students in each stage of their career development, while incorporating themostcurrentpracticesandtechnology.Themainbenefittoauniversitythatoffers an academic internship program is that it shows an overall dedication to student retention, growth and success. In turn, students who take advantage of internships may choose to establish careers within that institution based on the support they received from the university during their internships.

Responsibilities of the university include:

•Assigning an academic or student affairs staff member to oversee

the internship

•Coordinating activities with the organization

•Requestingmid-semesterand/orfinalinternevaluations

•Dealing with potential problems with the internship experience

as they ariseTeamwork is the ability to work together toward a common vision. The ability to direct individual accomplishment toward organizational objectives. It is the fuel that allows common people to attain uncommon results.

- Anonymous

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When an organization, student and university enter into an agreement, each party agrees to carry out multiple responsibilities.

The Organization’s Commitments

Provideappropriate,challengingprojectsorworkforthestudenttodowhileutilizingthe student’s academic background. This work should also provide learning experiences for the student.

Payappropriatecompensation(forpaidinternships).

Implementtrainingneededtosucceedintheproject.

Givethestudentanduniversitytimelyandappropriatefeedback.

The Student’s Commitments

Befocusedanddedicatedtotheassignedprojects.

Makeasignificantcontribution.

Thinkandactasanemployee,notastudent.

Satisfyallacademicrequirements.

Exhibitethicalandprofessionalbehavior.

The University’s Commitments

Provideopportunitiesforstudentstomeetwithpotentialorganizations.

Assignacademicoradministrativesupervisorstooverseetheinternships.

Coordinateactivitieswiththeorganization.

Troubleshootproblemsastheyarise.

A Checklist of Commitments for Internships

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Asdiverseasorganizationsareinclassification,sizeandproduct,sotooaretheirinternship activities. How do you know what kind of internship program will meet your organization’s needs? Are internships really right for your organization? The most successful organizations that use interns are those that view their interns as potential new hires. The following section will help you design and implement a quality internship program in four easy steps.

Step 1: Setting goalsManagement should discuss what it wants the goals of an internship program to be. Setting these goals is a key component to a successful program. Some questions to consider include:

1. What does your organization hope to achieve from the program?2. Doesyourorganizationneedhelpwithaspecificproject?3. Areyourapidlygrowingandhavingahardtimefindingmotivatedandskillednew

employees?4. Areyouanonprofitorsmallorganizationthathaslimitedresourcesandbudgets,

but can provide interesting and rewarding intern experiences?5. Are you searching for new employees with management potential?6. Areyoulookingtopromoteexistingemployeesandneedapoolof qualifiednewcandidatestofilltheseentry-levelpositions?

Step 2: Writing a PlanAfter you set goals, you should write a plan for your internship experience. Remember that managers, interns, intern supervisors, Career Services professionals and faculty willbereadingtheseplans.Makesureyouincludeadetailedjobdescription.Herearesome questions to consider:

1. Will you pay the intern? Would this experience be available for academic credit?

2. Do you have adequate staff to supervise and train the intern?3. Do you have adequate workspace?4. What kind of academic background and experience are you seeking in an intern

candidate?5. To whom will the intern directly report? Remember that this person should also

serve as a mentor to the intern.6. Who will be the backup supervisor if the direct supervisor is out or unavailable?7. What activities will the intern perform?8. Howwillyoutrainthementors/supervisorsof theinterns?9. Are there any special activities you will want the intern to participate in? Some

organizations arrange lunches with executives or invite interns to special events. Remember that interns are walking advertisements for your organization. If they have a rewarding experience, they will tell other students, their professors, and their friends and families. Conversely, a negative experience will translate into negative feedback.

HOW TO CREATE A SUCCESFUL IN-TERNSHIP PROGRAM

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Who Qualifies for an Unpaid Internship?

The U.S. Fair Labor Standards Act determines whetherinternsqualifyforleader/traineestatus.If interns meets the following criteria, you are not obligated to pay for their work. However, offering interns payment is an excellent way to recruit highly talented students.

The student is not replacing a regular employee.

Your organization has not promised the student a jobattheendof thesemester.

Both the organization and the student are clear that the intern is not entitled to wages.

Hands-on training for the student is provided by the organization.

Thetrainingmustbebeneficialtothestudentby teaching skills and procedures that can be transferredtootherjobs.

Source: Wage & Hour Division of the Employment Standards Administration, U.S. Department of Labor.

Compensation Issues

One very important part of the plan is to consider the implications of paid versus unpaid internships. Many organizations choose to pay their interns for a number of reasons. One such reason is the belief that interns who are paid haveagreaterincentivetodoagoodjob.Theoldadage“youpayforwhatyouget”appliestointernsjustlikeanythingelse.Employersalsobelievethattheycan maintain more control over the quality and quantity of work that a paid intern does for them.

“If you’reafor-profitemployeroryouwanttopursueaninternshipwithafor-profitemployer,therearen’tgoingtobemanycircumstanceswhereyoucanhavean internship and not be paid and still be in compliance with the law,” said Nancy J. Leppink, the acting director of the department’s wage and hour division.

According to NACE’s 2011 student survey which garnered responses from nearly20,000seniors,foundthatpaidinternsinthefor-profitsectorearnedthehighestofferrates:Morethan61percenthadreceivedajoboffer.Butpaidinternsinthenonprofitandgovernmentsectorsalsooutpacedunpaidinterns,regardless of sector.

Step 3: Recruiting InternsFinding the ideal candidate for your internship position is essential to having a successful experience. Organizations who have successful internship programs suggest the following tips to recruit quality interns:

1. Start early! Begin searching three to four months before you need an intern to report to work. The longer you can accept applications, the better your chanceof findingtherightpersontomeetyourneeds.

2. UseJobs4Cats,CareerServices’sfreeonlinejobandinternshippostingdatabase.Thisisaneasyandefficientwaytolocatetalentedstudentsforinternships,part-timejobs,temporaryspecialprojectsandpermanentfull-time hires.

3. Develop relationships with local recruitment resources. Texas State Career Services is a great resource. The Assistant Director for Employer Relations and Outreach is a valuable liaison between you and the students at Texas State.

4. Conduct on-campus interviews. Coordinate this process with the RecruitingCoordinatorinTexasState’sCareerServicesoffice.Sendonetotwo people from your organization to the campus for interviewing.

5. Marketinternshipopportunitiesbyparticipatingininternshipfairs,jobfairs and career days.

6. Chooseyourinternscarefully.Treatthisprocessjustlikehiringforanyprofessional position. After all, these interns may become permanent employees someday.

7. Learn the implications of hiring interns. There are legal protections and regulationsthatapplytointernsjustlikeregularemployees.Wewilldiscussthe legal issues involved in another section of this handbook.

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Step 4: Managing Interns Afteryouplanandhiresomeone,thehardpartisover,right?Notexactly.Thefirstfewdaysof aninternshipareoftenthemostdefining.Youwillbeassigningtasksand signaling what is to be expected in the future. So, how do you plan for success?

1. Train your intern supervisors. It is critical that intern supervisors are either experienced in managing people or are given some training on how to manage and mentor interns. This person’s interaction with the intern will directly affect the success of the internship experience for both the student and the employer.

2. Provide an orientation for your interns. Give the intern a tour of the facility and introduce them to co-workers. Show them their work space and discuss your expectations. Give them an overview of the organization. Ingeneral,makeyourinternfeelwelcomeandathomeintheoffice.Adetailed section entitled “Orientation & Training” can be found on page 13.

3. Giveyourinternstheresourcestheyneedtodothejob.Thissoundsobvious, but it is sometimes overlooked. The last thing you want to do is send the message that the interns are not important by putting them out in ahallwayorshufflingthemfromdesktodesk.

4. Monitor your interns. There is no need to watch their every move or micromanage them. Be sure to keep interns busy and interested in their work. Watch for signs that they are confused or bored. Make sure that their work takes precedence over school or personal work. No one wants an intern or employee who surfs the Internet all day.

5. Provide feedback to the interns. For those interns who have never done this kind of work, they will need plenty of feedback and encouragement. Make sure you let them know if they are meeting your expectations.

6. Evaluatetheintern’sprogress.Amid-semesterevaluationandfinalevaluation are good ideas. They are frequently required by the academic department that is awarding credit for the internship. Sample evaluation forms are provided for you at the end of this handbook.

Creating an Intern Supervisor’s HandbookThe internship faculty advisor may provide an organization with an Internship Site Supervisor handbook. However, if a handbook is not provided, it is a good idea to put one together that will help guide your intern supervisor in how to interact with the intern. It should include:

Thecompany’srationaleandphilosophyforhavinginterns

Anorientationchecklistandinstructionsonhowtoconductanorientation

Informationontheimportanceof introducingtheinterntohis/herco-workers and how to make them feel welcome

Assigningaback-upsupervisorfortheinternif thesitesupervisorisoutorina meeting

Howandwhentoconductperformanceevaluations

The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires.

-William Arthur Ward

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Now that you have created an internship program and trained the site supervisor and student, what does the intern actually do? You will want to create quality work assignments to keep them stimulated and excited about being part of your organization. When assigning work for your intern:

•Makealistof projectsinyourorganizationthatcoulduseanintern’sassistance.•Writeaclearandconcisejobdescriptionsotheinternknowsexactlywhathe/shewillbedoing.Asamplejobdescriptionformislocatedinthe“SampleForms” section of this handbook to help guide you in writing a description.•Provide work that makes the student believe that they are contributing in a meaningful way.•Beclearinyourexpectationsfortheproject.•Develop a realistic plan of action.•Developmeasurablegoalsandobjectivesfortheworkactivities.•Assignprojectsthatrelatetothestudent’sacademicmajor.

DEVELOPING QUALITY WORK ACTIVITIES

Tell me and I forget; show me and I

remember; involve me and I understand.

-Anonymous

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Introducing the student to your company and providing necessary training is critical to the success of your internship program. Below is a suggested list of activities and resources to include:

1. Facility tour2. Introduction of staff members3. Organizational chart of administration (key executives and hierarchy)4. Specialindustryjargon5. Reporting structure (organizational chart)6. Company standards and procedures7. Access to supervisor8. Mail, fax and telephone systems9. Relevant departmental forms10. E-mail system11. Safety guidelines and regulations12. Securityandconfidentialityissues13. Dress code14. Resources within your organization15. Expectations on how to deal with clients, customers and vendors16. Work schedule17. Scheduleweekly/bi-monthlyone-on-onemeetings

Other interesting orientation and training ideas are:

•Provide interns with newsletters, annual reports and other publications so thathe/shecanunderstandamorein-depthviewabouttheorganization.•Take your intern to lunch with other staff or alumni from the student’s university.•Encourage your intern to spend time during breaks and lunches in places where employees gather so they can get to know other people.•Includeinternsinprofessionalmeetings;askforinput/feedback.•Allow the intern to interview company personnel.•Encourage interns to observe their co-workers.

You have relatively little time (an average of three months during regular semesters) to spend with the student intern. It is critical that you begin the internshipeffectivelyandmakethestudentfeelwelcomed.Thosefirstfewdaysset the tone for the entire internship. If you train the student well, it will pay off for both the student and your organization.

ORIENTATION & TRAINING

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Explain the Mission of the OrganizationHowdidtheorganizationstart?Why?Whatisuniqueaboutyourproductsorservices?Whobenefitsfromyourproductsorservices?Whataretheorganization’scurrentobjectives?Howwilltheinterncontributetothoseobjectives?

Explain the Organization StructureWhoreportstowhom?Whoistheintern’ssupervisor?Whatisthefunctionof thedepartmentinwhichtheinternwillwork?Howaredecisionsmade?Whichstaff canbedesignatedtoanswerdifferentkindsof questions?

Outline Organizational Rules, Policies & ExpectationsIstherespecialindustryjargon?Whatarethespecificworkstandardsandprocedures?Whataccesstothesupervisor(days,times,duration)doestheinternhave?Howshouldtheyprocessrequests?Howdoesthemail,e-mailandtelephonesystemwork?Whatareapprovedformsof correspondence?Bywhatsafetyregulationsmusttheyabide?Isthereaprocedureforsigningoff onapprovedwork?Whatperiodicformsorreportsneedtobecompleted?Aretheresecurityorconfidentialityissuesthatneedtobenoted?Whatisthedresscode?Howshouldtheinternmaintaintheirworkspace?

Define the Intern’s ResponsibilitiesWhatistheintern’srole?Whatprojectswillbeassignedtotheintern?Whatresourcesareavailabletothestudent?Whattrainingisnecessary?Howdoestheorganizationwanttheinterntodealwithclientsandvendors?Whattasksdonotrequireasupervisor’sapproval?Dootheremployeesunderstandtheroleof theintern?

Monitor the Intern’s Adjustment & UnderstandingAsthesupervisor,makeyourself visiblyavailabletotheintern.Assignaback-upsupervisorwhenyouareunavailable.Providefeedbackandconstructivecriticism.Checktheintern’sunderstandingof theorientationandprojectshe/sheisassigned.Motivateandencouragethemtoaskquestions,if necessary.

Orientation Checklist

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Supervisinganinternismuchlikesupervisingafirst-timeemployee.Supervisors should be able to lead, motivate, delegate and evaluate their interns. Good communication skills and a commitment to developing and training the intern are also essential skills required by the supervisor.

Remember that all interns will come to you at different places in their professional lives. Some interns have little or no work experience while others mayhaveworkedatpart-time,non-professionaljobsduringcollegetohelpgetthem through school. Here are a few pointers for supervising interns:

•Be clear in setting your expectations with the intern. Review your intern’s writtenjobdescriptioncarefullyanddiscussanyconcernstheinternmayhaveaboutthejob.Developgoalsandspecificobjectivesfortheinternshipexperience. Make sure the intern is involved in this process. The intern will be moreinvestedif involvedinsettinghis/hergoalsandobjectives.•Show a genuine interest in the intern’s development. During regularly scheduledmeetings,sharearticlesandjournalreadings.Takeyourinterntoorganizationeventsorseminarsyoubelievemightbehelpfultohis/herprofessionaldevelopment.Taketimetofindoutabouttheintern’spersonalinterests.•Assign a mentor or take on this role as the intern’s supervisor. Think about a time in your own professional growth and development when there wassomeonethattookyouunderhis/herwingandgaveyoureallygreatprofessional guidance. Having a mentor is crucial to professional development. Everyone, especially young professionals, needs a role model to guide them throughdifficulttimesandcounselthemonproblemsolving.Meetregularlywith your intern and have an “open door policy” in order to really understand whathe/sheisgoingthroughsoyoucanprovideguidance.•Be aware of the intern’s level of readiness. Student interns will bring with them a certain level of knowledge they have gained through either past work experience or educational programs. Gain an understanding of their knowledge base and monitor it throughout the experience. As their knowledge grows,providemorechallengingprojectstocontinuestimulatingtheirgrowthand development.•Provide varied work experience. As we have mentioned before, providing challenging and diverse work for your interns will keep them interested and focused. It will also allow them to gain a much broader understanding of your organization. Partner your intern with different supervisors for periods during the experience. Make it clear that you are their direct supervisor, however you want to expose the student to different departments and management styles.•Giverecognitionforajobwelldone!Thisoneseemssimple,butisoftenoverlooked. Recognition can come in the form of a simple “pat on the back” after a task is completed or it can be as formal as presenting the student intern withaplaqueorcertificateatthecompletionof abigproject.Lettingsomeoneknowthatyouappreciatethemgoesalongwayinbuildingconfidenceandshaping a good long-term employee.

SUPERVISING AN INTERN

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Not only is it a good idea to evaluate your intern’s progress, it is often required by the academic department rewarding credit for the internship. Interns are evaluated in the same manner as any other employee. Intern evaluation is based on work performance, ability to take on new tasks and interpersonal skills.

Reviewthegoalsandobjectivessetwiththeinternatthebeginningof theinternship.Creatingmeasurablelearningobjectivesiscriticaltobeingabletoevaluate the experience properly. Refer to the section on “Developing Quality Work Activities” for more information on setting up the intern for success.

We have discussed how interns and supervisors should meet informally on a regular basis; however, these evaluations should be more formal meetings setspecificallytoprovideanevaluationof thestudentintern’sperformance.Here are some questions to consider when evaluating an intern:

1. Did the intern complete all work assignments?2. Did the intern demonstrate good interpersonal skills?3. Wasthefinalproductof theintern’sworkausefulproductfortheorganization?4. What did the student learn from the experience?5. Would your organization want to offer this intern a full-time position?

Itisalsoagoodideatoaskyourstudenttoevaluatehis/herinternshipexperience. Let the student know that you are genuinely interested in ways you can improve the internship program. Be open to feedback from students and work to implement changes based on the feedback. An example of an internevaluationformisprovidedinthe“SampleForms/Resources”sectionof this handbook.

EVALUATING THE INTERNSHIP EXPERIENCE

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In this section, we will explore seven legal issues all organizations should consider when hiring interns. In addition to these seven issues, many employers are interested in legal issues regarding paid and unpaid interns. See page 7 for more information regarding legal issues and compensation. The following information has been used with permission from two articles entitled Legal Issues Surrounding Internships by Rochelle Kaplan, National Association of Colleges & Employers, General Counsel.

The seven issues we will explore are:•Worker’s Compensation•University liability•Unemploymentbenefits•EEO laws & interns•Disabled students & ADA protections•Harassment issues•Non-disclosure/non-competevalidity

Is an intern entitled to worker’s compensation if injured on the job?

Workers’compensationlawshavebeenenactedinallstatestoprovidespecificamountsof recovery(lostwagesandmedicalbenefits)byemployeesforinjuriesarisingoutof,or in the course of, employment. This is a “no-fault law,” meaning that there does not needtobeproof of faultbytheemployeronlyproof thataninjuryhasoccurredeitherat the workplace or while pursuing the employer’s business purposes. If the intern receivesworkers’compensationbenefits,heorsheisbarredfromsuingtheemployerfornegligencewithunlimiteddamages.Thiswouldbenefittheemployertoprovidesuchcoverage for interns.

Can a school be liable if an intern is injured in the workplace?

If workers’compensationdoesnotapply,aninjuredstudentcouldsuetheemployerandpossiblytheschoolunderanegligencetheory.Inapersonalinjurycase,thestudentmustprovethathisorherinjuryisduetothenegligenceof theemployeror the school. The court will determine if there is a duty of care to protect the student,andif thatdutywasbreachedbyanunsafeworkenvironment,theinjurywas a result of the breach, or the student was actually to blame. Accordingly, the court will consider such factors as who controls the work site, who has supervisory responsibility over the student, whether supervision of the student was adequate, the safety rules and regulations of the workplace, and what promises or guarantees were made to the student regarding safety.

Because an employer has more control than an intern over the workplace, there is a goodchanceof beingfoundliableforanintern’sinjuries.Butwhatabouttheschool?In Nova Southeastern University, Inc. v. Gross, the court found that the school was liableundercertaincircumstancesforanintern’sinjuries.Inthiscase,theplaintiff,upon leaving the internship site, had been raped in the employer’s parking lot. The specificcircumstancesthatcreatedthedutyof careonthepartof theuniversitywerethe mandatory practicum, the school’s assignment of students to particular locations, the school’s direct knowledge of a dangerous practicum location, and the school’s failure to warn the student about the danger.

LEGAL ISSUES TO CONSIDER

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After completing an internship, is an intern entitled to unemployment compensation?

Unemployment compensation laws vary from state to state. The underlying principleistoprovidefinancialsecuritytoindividualswhohavelostwork through no fault of their own. Interns generally are not entitled to unemployment compensation after completing an internship. There are several reasons for the student’s ineligibility:

•Eligibility is based upon a person’s availability for work. Most often, after an internship, the student returns to school and is considered unavailable for work. •State laws require that an individual work at least 16 to 18 weeks during the calendar year, earning a minimum amount of wages. If the intern has worked during a 10-week summer break, he or she would not have the requisite number of credit weeks to become eligible for unemployment compensation.•If there was an understanding between the employer and the student—at the outset of the internship—that the position was for a limited duration without promise of full-time work, the student would not be eligible for unemployment compensation. •Most state laws exempt students who work for employers as part of an educationally related work program. The school merely needs to certify that thestudent’sworkexperienceispartof awork/studyprogramthatcombinesacademic instruction with work experience.

Texas is one of the states that exempts students who work as part of an educationally related work program from unemployment compensation benefits.Section201.069of theTexasLaborCodeprovidesthattheterm“employment” does not include services performed by an enrolled student that combines academic instruction with work experience in a program taken for credit. The Texas statute does contain some exceptions to its general rule. For example, services performed as a teaching assistant would qualify a person for unemploymentcompensationbenefits.Butgenerally,servicesperformedforan outside employer as part of a program wherein the student receives course credit do not qualify for unemployment compensation.

Do equal employment opportunity laws come into play in the selection of interns?

A student who applies for an internship should be treated the same as any otherappicant.Thatsimplymeansthatthestudentshouldnotberejectedforan internship based upon gender, race, color, age, national origin, religion, or disability. Employers should craft interview questions to learn whether the student has the skills and ability to perform the internship work. The decision to hire an intern must be based upon legitimate nondiscriminatory criteria. Many employers and schools want to provide specialized internships for minority students because of the perceived or real lack of minorities in a particular industry or company. Questions arise as to whether such internships violate employment discrimination laws, as well as the nondiscrimination laws that schools must adhere to in providing programs and services to students.

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While there are no reported cases involving minority internship programs, the courts,inaddressingtheissueof affirmativeactioninemploymentorcollegeadmissions,haveuniformlyrejectedthenotionthatsuchactionincludesquotasorpreferentialhiring/admissions.Accordingly,thecourtshavestruckdown as illegal discrimination, any program which bases selections solely on thebasisof anindividual’sgender,race,orethnicity,and/orholdspositionsor openings for individuals of a certain gender, race, or ethnicity.

Are disabled students protected as interns under the Americans with Disabilities Act (ADA)?

The law provides that an individual with a disability is protected from discrimination in all aspects of employment, from application and recruitment to hiring and employment itself. This means that employers must consider for hire an individual who can perform the essential functions of the position, with or without a reasonable accommodation. A reasonable accommodationisamodificationtotheworkplacethatwouldnotbeanundue hardship for an employer to provide. The only relevant considerations inanunduehardshipanalysisarethecostof themodification,thefinancialresourcesof theemployer,andtheimpactof themodificationonproductivityor business. The length of time that a person is to be employed—or the person’s salary—is not relevant considerations.

Is an employer responsible if an intern experiences harassment on the job?

Theanswerisanunequivocal“yes.”Sexual,racial/ethnic,andreligiousharassment are all forms of illegal discrimination under the equal employment laws. Employers are required to have widely disseminated anti-harassment policies, and effective complaint, investigation, and remedial procedures. When an employer receives a complaint of harassment, it must conduct an investigation and take action to correct the situation.

During an initial interview, at the start of the internship or during orientation, the employer should advise the intern of anti-harassment policies, as well as how and where to report a complaint. The intern should also be advised that his or her behavior toward other employees must be in accordance with the policies, and that the internship could be terminated for violating these policies. Employers should remind regular employees that the policies apply to interns, and that they are expected to treat the interns appropriately.

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If my company requires interns to sign a nondisclosure and/or non-compete agreement, is it enforceable?

A nondisclosure agreement prohibits an employee or intern from giving a new employer proprietary information. That can include product or process information; customerlistsandprofiles;marketing,business,andstrategicplans;technologicalinnovations; and any other information that is not publicly known or ascertainable from outside sources. The agreement does not restrict the person’s ability to work elsewhere, but it places limitations on the information the person can use in his or her new position. Such an agreement is typically enforceable because it does not limit a person’s ability to work.

In a non-compete agreement, an employee or intern agrees not to compete with the current employer after leaving the company. Such agreements can prohibit the solicitation of former customers, employment by a competitor, or the establishment of a competing business. Typically, the agreement describes the prohibited competitive activity, the geographic area within which the individual may not compete, and the duration of the non-compete promise. In general, non-compete agreements are difficulttoenforcewheninternsareinvolved,andenforceabilitydependsuponthereasonablenessof therestrictionsandwhethersufficientlegalconsiderationwasgiventothestudentinexchangeforthepromisenottocompete.Factorsthatinfluencetheirenforceability include:

•The business interests of the employer that are protected by the agreement•The time frame and geographic area in which the activities may not occur•The scope of activities that are limited or precluded and the resulting impact on the ability of the individual to earn a livelihood.

In the case of interns, non-compete agreements are less likely to be enforced because internsmaynotimmediatelyenterthejobmarketaftertheirassignments,maynotpossess the expertise that regular employees have, haven’t been employed by one companyforanextendedperiodof time,and/orhaven’tbeeninvolvedinhigh-leveldecisionmaking.Moreover,thecourtsprobablywouldnotconsiderassufficientlegalconsideration a three-month or summer internship in exchange for a commitment not to compete, except, perhaps, for more than a few months after graduation. The courts would be reluctant to bar graduating students from the work force for a year or more unlesstheemployerwaswillingtofinanciallysupporttheout-of-workgraduateorcould provide strong evidence of potential harm to its business.

Organizations that want interns to sign non-compete or nondisclosure agreements should:

•Advise students that the internship is conditional upon signing a non-compete or nondisclosure agreement, and explain the purposes, intent, and critical provisions of the agreement.•Ensurethatthenon-competeagreementpreciselydefinesthecompetitiveactivitythat is to be restricted. It should be limited to the activity that would have a direct impact on an organization’s business and provide the student with other options for employment. If there are no options for employment during the non-compete period, then the company should agree to pay the student a salary for the length of time it does not want the student to work for a competitor. •Give a reasonable period of time for the intern to review the documents, alone or with an attorney.

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Cooperative Education and Internship Association (CEIA) 4190 S. Highland Dr., Suite 211 Salt Lake City, UT 84214 800.824.0449 phone :: 801.984.2027 fax :: www.ceiainc.org

National Association of College and Employers (NACE) 62 Highland Avenue Bethlehem, PA 18017-9085 800.544.5272 phone :: 610.868.0208 fax :: www.naceweb.org

National Society for Experiential Education (NSEE) 9001 Braddock Road, Suite 380 Springfield,VA22151 800.528.3492 phone :: 800.803.4170 fax :: www.nsee.org

Board of Directors. “NACE - A Position Statement on U.S. Internships.” NACE.1July2011.Web.12Apr.2012.www.naceweb.org/connections/advocacy/internship_position_paper/.

Board of Directors. “NACE - Paid Internships Key to Job-Search Success.” NACE.28Sept.2011.Web.12Apr.2012.www.naceweb.org/s09282011/paid_interships_student_survey.

Danowski,JennyHart.CollegeInternships:SolutionsforYourStaffingProblems. LRP, Publications, 1999.

Greenhouse, Steven. “The Unpaid Intern, Legal or Not.” NYTimes.com. The New York Times, 3 Apr. 2010. Web. 12 Apr. 2012. www.nytimes.com/2010/04/03/business/03intern.html.

Inkster, Robert, and Roseanna G. Ross. The Internship as Partnership: A Handbook for Campus-Based Coordinators & Supervisors. Raleigh, NC: National Society for Experiential Education, 1995.

Inkster, Robert, and Roseanna G. Ross. The Internship as Partnership: A HandbookforBusinesses,Nonprofits,andGovernmentAgencies.Raleigh,NC:National Society for Experiential Education, 1998.

Kaplan, Rochelle. “Legal Issues Surrounding Internships: Part One.” www.naceweb.org/pubs/journal/fa02/kaplan.htm.

Kaplan, Rochelle. “Legal Issues Surrounding Internships: Part Two.” www.naceweb.org/pubs/journal/wi03/kaplan.htm.

True, Michael. “Starting and Maintaining a Quality Internship Program.” Grantham, PA: Technology Council of Central Pennsylvania.

ADDITIONAL RESOURCES

RESOURCES REFERENCED

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&Sample FormsResources

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Internship Job Description

Purpose of the Job:

Primary Responsibilities/Duties:

1. _______________________________________________________________________________

2. _______________________________________________________________________________

3. _______________________________________________________________________________

4. _______________________________________________________________________________

5. _______________________________________________________________________________

Skills/Knowledge/Abilities Required: 1. _______________________________________________________________________________

2. _______________________________________________________________________________

3. _______________________________________________________________________________

4. _______________________________________________________________________________

5. _______________________________________________________________________________

Project Goals: 1. _______________________________________________________________________________

2. _______________________________________________________________________________

3. _______________________________________________________________________________

4. _______________________________________________________________________________

5. _______________________________________________________________________________

Learning Goals: 1. _______________________________________________________________________________

2. _______________________________________________________________________________

3. _______________________________________________________________________________

4. _______________________________________________________________________________

5. _______________________________________________________________________________

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Site Supervisor’s Student Intern Final Evaluation This form is provided to help you assess your student intern at the end of the internship period. It contains 13 characteristics by which you should rate your intern using the scale below.

Intern’s Name: _____________________________ Date: _____________________Agency’s Name: ________________________________________________________Evaluator’s Name: ________________________________________________________Evaluator’s Title: ________________________________________________________

Please rate the intern on a scale of 1 to 5 for each criterion below. Use N/O if you are unsure of the intern’s performance or were unable to observe it.

Excellent Good Average Marginal Unsatisfactory Not Observed 5 4 3 2 1 N/O

Academic Preparation: The intern was academically prepared for the internship. _________

Adaptability: The intern learns quickly, accepts change and tolerates ambiguity when necessary. _________

Agreeability: The intern accepts constructive criticism, seeks assistance and is eager to improve. _________

Attitude: The intern is enthusiastic, cooperative and confident without being arrogant. _________

Appearance: The intern dresses and is groomed appropriately. _________

Reliability: The intern is accountable and completes assignments in a timely manner. _________

Initiative: The intern is self-motivated and works with minimal supervision. He/she seeks out additional responsibility. _________ Interpersonal Skills: The intern is tactful and works well with others. _________

Leadership: The intern acts with integrity and is mature. He/she inspires others and takes thelead at times. This person remains cool under pressure. _________

Judgment: The intern recognizes problems, identifies and analyzes alternatives and looks for thebest solution. _________

Oral Communication: The intern is able to express concepts orally and listens well. _________

Written Communication: The intern is able to express concepts in writing while consideringhis/her reader(s). _______

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Please provide comments/suggestions below about the internship experience that you believe will help the intern improve:________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

________________________________________________________________________________________________________________

____________________________________________________________

Site supervisor’s signature: _____________________________________________________________

Date: ________________________________________________________________________

Student intern’s signature: _____________________________________________________________

Date: ________________________________________________________________________

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Internship Final Student EvaluationPlease comment on your experience as a student intern. This information is very valuable and will help other students who are considering this internship site in the future.

Name: Date:Major: Internship Dates:Internship Site: Site Supervisor’s Name: Supervisor’s Title:

1. What were your primary job responsibilities?

2. What kind of training did your employer provide?

3. What type of supervision did you receive?

4. What academic courses or skills were most applicable to your internship?

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Internship Final Student Evaluation (cont.)

5. What did you learn and what skills did you develop?

6. What did you like most about your internship experience?

7. What did you like least?

8. Other comments:

Student intern’s signature:Date:

MAIN HEADINGStudiesshowthatapersonworkinginacareerthatsupportshis/herinterestsishappier,moresuccessful,andmorefulfilledthansomeonewhoisnot.Careerplanningisidealforselectinganinitialfieldof studyormajor,beginninganew career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future?

Studiesshowthatapersonworkinginacareerthatsupportshis/herinterestsishappier,moresuccessful,andmorefulfilledthansomeonewhoisnot.Careerplanningisidealforselectinganinitialfieldof studyormajor,beginninganew career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future?

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Internships are classic win-win-win situations.

A student gets to see how his/her abilities and

classroom activities play out in the work world.

Faculty typically see noticeable changes in a

student’s attitude and work ethic after completion

of the experience. And you, the employer, get

the immediate assistance of a budding young

professional, as well as the chance to gauge that

person’s suitability for future full-time employment.- Curt Schafer

Director, Texas State University Career Services

OBSCJ ATS

MAIN HEADINGStudiesshowthatapersonworkinginacareerthatsupportshis/herinterestsishappier,moresuccessful,andmorefulfilledthansomeonewhoisnot.Careerplanningisidealforselectinganinitialfieldof studyormajor,beginninganew career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future?

Studiesshowthatapersonworkinginacareerthatsupportshis/herinterestsishappier,moresuccessful,andmorefulfilledthansomeonewhoisnot.Careerplanningisidealforselectinganinitialfieldof studyormajor,beginninganew career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future?

36

For more information concerning internships contact:

Karen Julian Assistant Director Career Services

Texas State University-San Marcos 601 University Drive

San Marcos, TX 78666 LBJ Student Center, Suite 5-7.1

Phone: 512.245.2645 Fax: 512.245.3993

Email:kjulian@txstate.edu

www.careerservices.txstate.edu

Printed: Spring 2012