RISK Risk management is a critical component in the successful operation of a student organization and in maintaining a healthy relationship between the organization and its stakeholders. Student organizations and their members engage in myriad of activities associated with the group that may create risk or liability. Managed appropriately this risk can be minimized or eliminated.

RISK IS CREATED BY ALL OF THE DECISIONS, ACTIVITIES, EVENTS, RULES, REGULATIONS, PRACTICES, PROTOCOLS, PROCESSES AND ANY DEFICIENCIES IN SAME THAT CREATE EXPOSURE FOR THE UNIVERSITY.

LEGAL BACKGROUND

TORT LIABILITY The word tort comes from the Latin term torquere, which means “twisted or wrong.” The law of torts is derived from a combination of common-law principles and legislative enactments. Unlike actions for breach of contract, tort actions are not dependent upon an agreement between the parties to a lawsuit. Unlike criminal prosecutions, which are brought by the government, tort actions are brought by private citizens Remedies for tortious acts include money damages and injunctions (court orders compelling or forbidding particular conduct). Tortfeasors are subject to neither fine nor incarceration in civil court.

NEGLIGENCE Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action would such a reasonable person would not.

IN ORDER TO HOLD A DEFENDANT LIABLE FOR NEGLIGENCE, THE DEFENDANT MUST OWE A DUTY OF REASONABLE CARE TO THE PLAINTIFF.

STANDARD OF CARE The standard of care that is required for any particular event/circumstance/group is a fluid and dynamic standard that is based in part on the nature and characteristics of the event and of those participating (old vs young, etc), whether there is foreseeable harm and the type of relationship that exist (common carrier, business invitee, overnight lodging, etc.)

DEFINED AS A BREACH OF DUE CARE, A FAILURE TO PERFORM SOME PROMISED ACT OR OBLIGATION. MOST INJURIES THAT RESULT FROM TORTIOUS BEHAVIOR ARE THE PRODUCT OF NEGLIGENCE, NOT INTENTIONAL WRONGDOING.

BEING VIGILANT AND PROACTIVE Perform due diligence Meet your duty of care by training, supervising, maintaining equipment and property and warning of impending danger Honor tangible evidence demonstrating adherence to best practices! Communicate, communicate, communicate

RISK MANAGEMENT IS NOT ABOUT NAVIGATING A MAZE RISK MANAGEMENT

RISK MANAGEMENT DEFINED “Risk Management is a process of advising organizations of the potential and perceived risk involved in their activities. It also includes monitoring organization activities and taking corrective action and proactive steps to minimize accidental injury or loss.”

RISK MANAGEMENT ENTAILS: Management of events and activities in part, by identifying risk. Minimizing institutional exposure through and understanding of what creates exposure. Taking tangible steps (due diligence) to minimize or eliminate exposure.

PHYSICALREPUTATIONAL EMOTIONAL FINANCIALFACILITIES CATEGORIES OF RISK

GOOD EVENT PLANNING What are we trying to accomplish? How does this further our mission/purpose/goals? What are the “guiding boundaries”? Do we have the ability/resources to pull this off? What may prevent us from accomplishing these goals?

RISK MANAGEMENT PROCESS

PROBABILITY THAT SOMETHING WILL GO WRONG Probability ConsequenceABCD I 5543 II 5432 III 4321 IV 3211 I – May result in death II – May cause severe injury, major property damage, significant financial loss and/or result in negative publicity for the organization/institution III – May cause minor injury, illness, property damage, financial loss and/or could result in negative publicity for the organization/institution IV – Hazard presents a minimal threat to safety, health and wellbeing of participants A – Likely to occur immediately or in a short period of time, expected to occur frequently. B – Probably will occur in time C – May occur in time D – unlikely to occur

MANAGING RISK Accept – What is the plan for responding? Modify – Expert training, expert supervision, facility/site change, population changes/restrictions, ext. Transfer – Insurance, contracts, waiver forms (as an educational tool). Eliminate/Avoid – If risks outweigh the benefits

Keeping appropriate record, meeting minutes to include attendance, copies of correspondence, contracts, agreements, s, etc., that demonstrate sound risk management. Communicating broadly (and maybe only generally) with potential stakeholders before, during and after events and issues.