Risk Management Guide for Student Organizations Texas A&M University- Kingsville Fall

2 Purpose of Training Provide an overview of risk management. Familiarize leaders of student organizations with risk assessment and management concepts and tools as required by Education Code This A&M System Power Point was adapted with additional TAMUK information

Ability to define risk management Identify risk in activities planned by my organization Develop methods to manage risk in activities planned by organization Increase awareness / knowledge of rules and procedures student organizations must follow. What Will I Learn From The Training? 3

4 1. Risk Management Concepts and Tools

5 Risk Management is the process of considering the potential and perceived risk involved in student activities. It includes monitoring organization activities and taking both corrective action and proactive steps to minimize accidental injury and/or loss. What is Risk Management?

6 High Risk Activities Alcohol and Illegal Drugs Hazing Sexual Misconduct and Harassment Fire and Other Life Safety Issues Student Travel Behavior at Parties and Social Events Discrimination / ADA / Title 9 Compliance Others?

7 Risk Types Physical Reputation Emotional Financial Facilities (This is used with permission from Student Risk Management at Arizona State University)

8 Risk Management Concepts Identify risky behavior and activities Assess the probability of adverse outcomes Identify and implement controls to eliminate or reduce the risk Reassess the activity after the risks have been managed Georgia Institute of Technology, 2002

9 2. Risk Management and Insurance Matrix Planning Exercise

LIST SPECIAL ACTIVITIESASSOCIATED RISKS*SERIOUSNESSPROBABILITYMETHOD TO MANAGE RISKS** Probability Seriousness ABCD I II III IV RISK MANAGEMENT AND INSURANCE MATRIX SERIOUSNESS 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 and/or institution. III – May cause minor injury, illness, property damage, financial loss, and/or could result in negative publicity for the organization and/or institution. IV – Hazard presents a minimal threat to safety, health, and well-being of participants. PROBABILITY A – Likely to occur immediately or in a short period of time, expected to occur frequently. B – Probably will come in time C – May occur in time. D – Unlikely to occur. Please feel free to speak to or consult with staff in Student Activities to assist in this risk assessment and insurance management process. Step One – List all event activities or concerns. Step Two – Identify risks associated with each activity. Step Three – Use the Matrix to determine the level of risk before applying any Risk Management strategies Step Four – Brainstorm methods to manage risks. See if you can reduce the probability that something will go wrong. Step Five – Submit Risk Management & Insurance Matrix with Activity Proposal to Student Activities. NAME OF EVENT: * Possible risks include: medical emergencies, food poisoning/allergic reactions, damage to University reputation, damage to University property and/or facilities, accidents, injury, and/or death. **Methods to manage risks may include: purchasing special event liability insurance, arranging for security through TAMUK UPD, traveling with an advisor, rotating drivers, etc. If any special activity score is within the red or yellow the Office of Student Activities must review. The Risk Management & Insurance Matrix must be filed when an Activity Proposal is require. The form has been provided as an educational tool to help student leaders to develop a process for identifying and discussing potential risk issues. It is intended for use as part of a larger event planning process, and should only serve as a starting point for your discussion on risk management. It is not designed to take the place of a careful review of applicable rules, policies, and laws, or discussion with your advisor. Completion of this form does not imply approval or authorization of your event by Texas A&M University-Kingsville. For more information on event planning, contact Student Activities in the Memorial Student Union Building. 10

11 Sample University Outdoors Bash – April 2016 Sample University Outdoors Bash is a fun, free event where children are taught about wildlife, plants, and the outdoors. Events include safety in archery and shooting, plant identification, arts and crafts, fish printing, ducks unlimited, mystery boxes, fire trucks, Smokey the Bear, birds of prey display, state park information, casting lessons, and many more booths. Gates open at 9 am and close at 3pm. Children and parents are free to come any time during these hours. A free hotdog lunch is provided, along with drinks and chips.

12 Step One: List all risk concerns for Sample University Outdoors Bash

13 Step Two: Identify risk associated with each activity Driving – ATV’s – Other Vehicles Events – BB Gun Shooting – Climbing Wall – Archery Physical Risks – Insect Bites – Slips, Trips, Falls – Animal Concerns Financial – Liability – Insurance Reputation – What If ???

14 Step Three: Use the matrix to determine the level of risk before applying any risk management strategies

SERIOUSNESS 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 and/or institution. III – May cause minor injury, illness, property damage, financial loss, and/or could result in negative publicity for the organization and/or institution. IV – Hazard presents a minimal threat to safety, health, and well-being of participants. NAME OF EVENT: TAMUK Outdoors LIST SPECIAL ACTIVITIES ASSOCIATED RISKS*SERIOUSNESSPROBABILITYMETHOD TO MANAGE RISKS**

PROBABILITY A – Likely to occur immediately or in a short period of time, expected to occur frequently. B – Probably will come in time C – May occur in time. D – Unlikely to occur. NAME OF EVENT: TAMUK Outdoors LIST SPECIAL ACTIVITIES ASSOCIATED RISKS*SERIOUSNESSPROBABILITYMETHOD TO MANAGE RISKS**

17 Step Four: Brainstorm Methods to Manage Risk Find strategies you can apply to reduce the severity of the risk and probability that something will go wrong Procure Summer Camp insurance for participants providing coverage that included accident, medical and general liability. Provide medical station to treat minor issues such as insect bites, sun exposure, sprains, etc. Request ATV’s to be provided by vendor in lieu of utilizing personal vehicles. Procure Inland Marine insurance on ATV’s in the event a unit is damaged during use. Implement registration process to monitor participants. Monitor food preparation process for potential food safety concerns.

18 Step Five: Determine if you have reached an acceptable level of risk by applying risk management strategies Consider modifying or eliminating activities that have unreasonable risk associated with them. Remember to consider how the activities relate to the mission and purpose or your organization.

Probability Seriousness ABCD I II III IV SERIOUSNESS 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 and/or institution. III – May cause minor injury, illness, property damage, financial loss, and/or could result in negative publicity for the organization and/or institution. IV – Hazard presents a minimal threat to safety, health, and well-being of participants. PROBABILITY A – Likely to occur immediately or in a short period of time, expected to occur frequently. B – Probably will come in time C – May occur in time. D – Unlikely to occur. NAME OF EVENT: TAMUK Outdoors * Possible risks include: medical emergencies, food poisoning/allergic reactions, damage to University reputation, damage to University property and/or facilities, accidents, injury, and/or death. **Methods to manage risks may include: purchasing special event liability insurance, arranging for security through TAMUK UPD, traveling with an advisor, rotating drivers, etc. If any special activity score is within the red or yellow the Office of Student Activities must review. The Risk Management & Insurance Matrix must be filed when an Activity Proposal is require. The form has been provided as an educational tool to help student leaders to develop a process for identifying and discussing potential risk issues. It is intended for use as part of a larger event planning process, and should only serve as a starting point for your discussion on risk management. It is not designed to take the place of a careful review of applicable rules, policies, and laws, or discussion with your advisor. Completion of this form does not imply approval or authorization of your event by Texas A&M University- Kingsville. For more information on event planning, contact Student Activities in the Memorial Student Union Building. LIST SPECIAL ACTIVITIES ASSOCIATED RISKS*SERIOUSNESSPROBABILITYMETHOD TO MANAGE RISKS** 1.BB Gun Shooting 2.Climbing Wall 3.Archery 4.ATV’s 1.Accident/Injury 2.Accident/Injury 3.Accident/Injury 4.Accident/Injury 1. II 2. II 3. II 4. II 1. B 2. B 3. B 4. B 1. Proper one on one Instruction/Supervision 2. One on one Instruction/Participation Vendor certified supervision 3. One on One Instruction/Supervision 4. Restricting use to Advisor/Organization not participants. Provide orientation for use limitations and routes. Use vendor ATV’s instead of personal units. 19

20 The Risk Management & Insurance Matrix is available on the Texas A&M University System website at Additional Resources

3. Alcohol, Illegal Drugs and Penalties 21

22 Alcohol, Illegal Drugs and Penalties Public intoxication - Occurs when a person appears in public while intoxicated to the degree that the person may endanger himself/herself or others due to the impairment of mental or physical faculties. The officer is not required to give you a breath test or a field sobriety test to show that you are intoxicated. Generally you get to sober up in jail, unless there is a responsible sober adult that is willing to accept responsibility for you and the officer deems it not necessary for a trip to jail. Fine $ Plus suspension of Drivers license Minor in Consumption - Minor in consumption is just that! Just taking a sip of one beer violates the law. The only exception to this is if your parent or spouse is with you and giving you the alcohol to consume. Minor in Possession - A person who is a minor (under 21 years of age) who is found to be in possession on an alcoholic beverage of any kind is in violation.

23 Alcohol, Illegal Drugs and Penalties Fines: Up to $4, and Up to 1 yr. in Jail Furnishing alcohol to a minor or providing a place for a minor to consume alcohol is a serious Class A misdemeanor and is under the jurisdiction of the County Court. A Class A misdemeanor is one step below a felony. Remember if you are having a party at your house or apartment, you are responsible. If one minor is found drinking at your party you are in violation. Purchase / Furnish Alcohol to a Minor

24 Alcohol, Illegal Drugs and Penalties A person is Driving While Intoxicated when having a blood alcohol concentration of 0.08 or more while operating a motor vehicle. The 1st offense is a Class B misdemeanor Fines:Confinement in jail for up to 180 days, a fine up to $2,000 and driver’s license suspension 90 days to 1 year The 2nd offense is a Class A misdemeanor Fines:Confinement in jail a minimum of 30 days & up to one year, a fine not to exceed $4,000 and driver’s license suspension 180 days to 2 years The 3rd offense is a third degree felony Fines: 2 to 10 years in prison, a fine not to exceed $10,000, and driver’s license suspension 180 days to 2 years (Fines do not include court cost and lawyer fees) Driving While Intoxicated

25 Alcohol, Illegal Drugs and Penalties The possession of a usable quantity of Marijuana (2 oz. or less) is an offense under state law. This offense is a Class B Misdemeanor Heroin, Cocaine, Methamphetamine, Methadone, Psilocin (Mushrooms), Mescaline, and The Opiates Dangerous Drugs such as the above are those types of drugs that have no medicinal value. Possession of these major drugs carries varied punishments and even the possession of only a single usable amount still carries a State Jail Felony punishment. Fines: Up to two years in jail and a fine of up to $10,000 Punishments for possession over a usable amount can be as high as: years or life and up to $250,000 fine Fine: Confinement in jail for up to 180 days and a fine up to $2,000 Possession of Drugs

26 Alcohol, Illegal Drugs and Penalties Methods of Control Check IDs at the door and use a unique way of identifying those over the legal drinking age, such as with bracelets. Hire professional security to work the door and check IDs. Serve non-alcoholic beverages and food. Set a starting time and ending time for the party and stick with them, limit party to four hours. Do not permit drinking games Maintain control of all alcoholic beverages present. Do not allow bottles.

27 Alcohol, Illegal Drugs and Penalties Know the Law Minor in possession – Stop the drinking – Take the appropriate action to deal with the minor in a safe manner Illegal drugs – Notify authorities for removal of the individual – Ensure the person who is under the influence is properly cared for Impaired Attendee – Do not allow the person to drive – Seek medical assistance as needed – Do not leave the person alone What Should You Do?

4. Hazing “Hazing” is defined as any intentional or reckless act occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of that student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. 28

Hazing is … Not okay even if the person agrees to do the activity It is still hazing even if “no one is hurt” Not just a “Greek thing” – it can be found in other aspects of student life Against state law; Students, faculty and staff are to report incidents to the authorities 29

30 Hazing Does Not Help you to assimilate better into the group/ organization Help you build inner strength Take into account the psychological state of an individual Have boundaries or follow safe-guards that govern actions, or activities Have to be illegal, and/or involve ingesting something Represent the only creative alternative bonding activity

31 Hazing Does Create a cycle of abusive behavior Create a false sense of power and control Display an absence of constraints or boundaries Humiliates, degrades, and embarrasses

32 Prevent Hazing Recognition of hazing when it occurs Secret = Hazing Avoid “Groupthink” Stand-up for what is right – even if it is against “traditions” Follow the Student Handbook, Your Organization’s Charter and/or National Policy

5. Sexual Abuse / Sexual Misconduct / Sexual Harassment 33

Sexual Abuse / Sexual Misconduct TAMUK is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct/harassment. Sexual Abuse – includes a wide range of unwanted sexual behaviors, including: sexual assault/murder, aggravated sexual assault, sexual assault, which can be forced contact or coercive in nature, indecent exposure, obscene phone calls, sexual harassment, voyeurism, frottage, peeping, etc. HB 2639 utilizes the term sexual abuse in an effort to encompass all of the above behaviors. However, for this risk management training we have included the terminology that is in the TAMUK student handbook as Sexual Misconduct / Sexual Harassment. 34

Sexual Misconduct / Sexual Harassment Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so severe, persistent or pervasive that it explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work or educational performance, or creates an intimidating or hostile work or educational environment. Unwelcome means that an individual did not request or invite it Considers the conduct to be undesirable or offensive Submission to the conduct or failure to complain does not always mean that the conduct was welcome. 35

Sexual Harassment includes: Sexual Violence- physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including sexual assault, sexual battery, sexual abuse, sexual coercion, and sexual exploitation. Sexual Assault – Any intentional or knowing penetration of the sex organs, anus, or mouth without the other person’s consent. Sexual Exploitation- a situation in which an individual take non- consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. For example, sexual exploitation could include such actions as secretly videotaping sexual activity, voyeurism, sexually-based stalking, invasion of sexual privacy, and knowingly transmitting a sexually transmitted infection to another person. 36

Sexual Harassment, continued Dating Violence – An act, other than a defensive measure to protect oneself, by an individual against a victim with whom there is or was a romantic or intimate relationship or marriage, and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably results in a fear of such harm. Domestic Violence – An act against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or the threat of which reasonably causes fear of such harm. Stalking – Knowingly engaging in repeated harassing or menacing conduct that the victim reasonably believes is threatening their bodily injury or death, is threatening the bodily injury or death of a member of their family or household, or an offense will be committed against their property. Examples of such conduct include but are not limited to following or approaching the victim, sending the victim unwanted items / gifts, and contacting the victim through calls, , or texts 37

Sexual Misconduct / Sexual Harassment 20 to 25 percent of college women are sexually assaulted during their college career (The American Association of University Women, 2004) In 2003, one in every 10 sexual assault victims were male (US Dept. of Justice, 2003) In 2005, about seven in ten female rape or sexual assault victims stated the offender was an intimate partner, other relative, a friend or an acquaintance (Nat’l Crime Victimization Survey), Alcohol continues to be the number one drug used to facilitate a sexual assault (US Dept. of Justice) 38

Sexual Misconduct / Sexual Harassment How to Reduce the Risk of Sexual Assault Educate yourself Look out for your friends Stay in groups Never be alone with someone you don’t know Never leave your beverage unattended Decide what your limits are and communicate them clearly Learn to be assertive Do not assume anything TRUST YOUR INSTINCTS 39

Sexual Misconduct / Sexual Harassment If you have been Sexually Assaulted Find a safe environment Preserve evidence of the attack Report the attack as soon as possible Seek medical attention Find out about available resources 40

Sexual Misconduct / Sexual Harassment Helping Victim(s) Let victim(s) make decisions Listen with patience Use active listening Provide victim(s) with information and referrals 41

Sexual Abuse / Sexual Misconduct INQUIRY AND INVESTIGATIONS When the university is made aware of a potential violation, an inquiry or investigation will be initiated to determine what occurred and then take appropriate steps to resolve the situation. All students, staff and/or faculty are expected to cooperate in an investigation if contacted. Retaliation for participation in an investigation is strictly prohibited and may result in disciplinary measures, separate from the original complaint of sexual misconduct. 42

43 6. Fire and Life Safety

44 Fire and Life Safety Events may have inherent physical risks that require contingency plans including: – Fire Safety – Inclement Weather – Campus Emergency

General Fire/Life Safety Guidelines Organizations should have emergency contact numbers for Fire, Police, & Ambulance posted near common phones. Prior to any event, plan & provide for all facilities used for event: Evacuation routes Shelter Must know specific location description to direct emergency services. The possession of firearms or explosive devices of any kind is forbidden. 45

46 There are several common causes of accidental college fires: Careless smoking Unattended candles, incense, perfume burners Cooking Overloaded extension cords and power outlets Leaves and debris located near buildings Unattended cooking grills Improper use of surge protectors

Fire and Life Safety Tips Life Safety Tips Report to administration, landlord, etc. defective or inoperable fire protection equipment. Do not tamper with fire protection equipment. Know your evacuation routes in apartments, houses, hotels, conference centers, etc. Keep egress hallways and exits clear of obstructions. If you observe a fire: Activate the fire alarm system to notify building occupants of the emergency Notify the University Police (361) (for on campus incidents) or the Kingsville Fire Department (911) of the fire Evacuate the building Remain outside until notified by the fire department the building is safe to re- enter 47

Fire and Life Safety Inclement Weather If City Tornado Siren sounds travel to the interior of the structure. An interior restroom provides better protection for most buildings. TAMUK students will be notified of campus-wide emergencies by - Campus Public Address System - Blackboard Connect emergency notification system If asked to shelter-in-place - Cooperate with staff - Stay inside until given all clear signal 48

Fire and Life Safety Campus Emergency Review and know the following procedures if any of the following occur: Terrorist/Shooter – follow directions of emergency personnel through the campus emergency notification system. Bomb Threat – review guidance contained in the Crisis Management Plan Injury /Accident – quickly assess what has occurred; call for assistance; offer comfort to the victim(s) until help arrives 49

50 7. Student Travel

Student Travel General Requirements Travel provisions apply to any student traveling more than 25 miles from campus to an activity or event that is organized or sponsored by the University, funded by the University, using a vehicle owned or leased by the University; or travel required by a registered student organization. Individual departments may mandate additional procedures. Must submit completed travel forms to Dean of Students Office 3 business days in advance (MSUB, Room 306) Prefer rental vehicles be used if possible Driver must have a verified good driver record in the past 12 months Must have personal automobile insurance and registration as required by state law if personal vehicle to be used Student travel procedures and forms can be found at: 51

Travel – Things to Think About Consider alternative methods of transportation Anticipate or prepare for emergency expenses associated with travel Transportation in open beds of trucks should be avoided Arrangements for transporting impaired individuals Plan to take a 15 minute break for every two hours of driving 52

Travel – More Things to Think About When assigning someone to perform a task involving driving, consider their physical and mental state; not fatigued. Length of trip and number of available drivers Check ahead for weather and driving conditions Does your location provide easy ingress and egress ◦ Emergency vehicle access ◦ Stranding during bad weather 53

8. Behavior at Parties and Social Events 54

Behavior at Parties 55 Can Our Organization Be Held Responsible for an Individual’s Behavior? YES! It can depend on number of members attending BUT most importantly… You assume responsibility if the activity is related to the organization

Behavior at Parties Organizations may be held responsible when… acts of individual members are directly related to the student organization's activities member is violating local, state, or federal law or University regulations and other members present fail to discourage such activity or it can be shown to be a common practice within the members or organization Remember … in addition to the group being held responsible, members, officers, and even advisors may be held individually responsible for an individual member’s actions. 56

Behavior at Parties Prevent Potential Problems Communicate organizational and University expectations to members BEFORE there’s a problem Are you practicing your organization’s core values? Know the law Speak up – stand up for what’s right Use good judgment when… – Choosing to attend the party/event – Posing for pictures which could be posted to social networking sites – Staying at the party/event if you detect illegal/risky behavior 57

9. Other Topics Equal Opportunity Protections for All Democracy & Inclusion ADA Compliance Title IX Reporting Discrimination Safeguards for working with minors You play a role in retention; campus life 58

Equal Opportunity Protections The university provides equal employment and educational opportunity on the basis of merit without discrimination because of race, color, religion, sex, age, national origin, veteran status, physical or mental disability. These protections extend to programs, activities and events conducted by the university or student organizations. 59

Democracy & Inclusion Instill principles of fairness & transparency Follow your organization’s constitution Use group consensus where possible Take leadership role to deter actions that are unfair / arbitrary /potentially illegal Avoid biased or selective actions / decisions Realize there is a balance between individual personal freedoms and group expectations 60

ADA Compliance Under state and federal law and A&M System policy, no individual will be excluded from participation in, or be denied the benefit of, or be subjected to discrimination, based on disability under any system program or activity. This includes extracurricular programs such as student organizations and club sports and activities. This may mean making reasonable modifications and providing aids and services that are necessary to ensure that qualified individuals with disabilities have an equal opportunity to participate, unless to do so would fundamentally alter the program. 61

ADA Compliance, continued A person with a disability is one who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. A&M System programs and activities will not operate on the basis of generalizations, assumptions, prejudices, or stereotypes about disability generally, or specific disabilities in particular. 62

ADA Compliance, continued Consider need to make reasonable accommodations to address ADA needs Access to facilities Adapting activities Other considerations If you have any questions or concerns about making accommodations for individuals with disabilities, contact Barbara Collins, Coordinator, Disability Resource Center, (361)

Title IX Prohibits gender discrimination which is the unequal treatment of a group or an individual based on their gender. Discriminatory practices include Sexual harassment Sexual assault Stalking or other harassing behavior Dating violence Domestic Violence 64

Report Gender Discrimination & Harassment All students are encouraged to report any incidents or discuss any concerns to: Title IX Coordinator in the Compliance Office (361) (Lewis Hall) Dean of Students Office, MSUB 306 (361) University Police Department, Seale Hall, (361)

Programs Involving Youth Plan carefully Training for staff (duties, working with children, etc.) Highly structured, age appropriate activities Safety considerations at all times Clear communication with parents about program (activities, must parent accompany child?, etc.) Does your event fall under System Policy which covers Camps & Youth Enrichment Programs? 66

Camps & Programs for Minors System Policy Camps and programs providing athletic, recreational or enrichment/educational activities Comply with university application requirements / approval Background checks & Child Protection Training required Risk Assessment Review A person having cause to believe that a minor’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report to local law enforcement. Dr. Shane Creel in the Enterprise Risk Management Office oversees this area 67

10. Next Steps in Risk Management Training Within 45 days the officers or advisors receiving training must: Present training on the program content to the full membership of the recognized student organization Submit a signed statement to the Office of Student Activities confirming that the training has occurred. Submit to the Office of Student Activities a copy of the meeting agenda or a flyer detailing the topics covered at the meeting and signatures of those in attendance. Adopt a written risk management policy for the organization 68

Attendance and Documentation Requirements for Training Must take attendance at the presentation held for the full membership Must impose reasonable sanctions on a person who is required to attend and fails to attend Organization must maintain record of attendance and notice provided for three years 69

You Play a Role In Retention Contribute to a positive campus experience Mentor the freshman / new members Engage your members in meaningful activities Lend your leadership expertise How do you want your organization to be seen by others? What will your legacy be? 70

QUESTIONS? Contacts: Student Activities Event Planning Office Dean of Students Office TAMUK Risk Management University Police Department Compliance Office 71