legal issues abroad 2013

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Legal Issues Abroad 2013

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Legal Issues Abroad 2013. Common Law. Negligence d efined: Doing something a reasonably prudent person would not do or The failure to do something a reasonable person would do. Negligence. What did you know? What should you have known? How much control did you have? - PowerPoint PPT Presentation

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Page 1: Legal Issues Abroad 2013

Legal Issues Abroad2013

Page 2: Legal Issues Abroad 2013

Common Law

Negligence defined: • Doing something a reasonably

prudent person would not do or• The failure to do something a

reasonable person would do.

Page 3: Legal Issues Abroad 2013

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

Page 4: Legal Issues Abroad 2013

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

Page 5: Legal Issues Abroad 2013

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

Page 6: Legal Issues Abroad 2013

Most Common Risks

• Road Accidents• Sexual Harassment or Assault• Inadequate Supervision• Inadequate Medical Care• Significant Leader Error• Alcohol (including drugs in drinks)• Psychological Problems

Page 7: Legal Issues Abroad 2013
Page 8: Legal Issues Abroad 2013

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.

Page 9: Legal Issues Abroad 2013

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

Page 10: Legal Issues Abroad 2013

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

Page 11: Legal Issues Abroad 2013

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

Page 12: Legal Issues Abroad 2013

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 [email protected]

Page 13: Legal Issues Abroad 2013

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

[email protected]

Page 14: Legal Issues Abroad 2013

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

Page 15: Legal Issues Abroad 2013

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 [email protected]

Page 16: Legal Issues Abroad 2013

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

Page 17: Legal Issues Abroad 2013

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.

Page 18: Legal Issues Abroad 2013

CUA policies to review

• Reasonable Accommodations• Contract Approval and Signatory Authority• Global Education• Student Records• Sexual Assault and Harassment• Travel

Page 19: Legal Issues Abroad 2013