1. Managing the risks of industry partnerships
Presented by
Dr Craig Cameron
Senior Lecturer, Griffith University
Corporate Counsel, Dental Services Network
Griffith Business School

2. Presentation objectives
Offer a framework for you to consider risk as it applies to WIL;
Describe some of the risks associated with industry relationships; and
Provide tips on how you can manage the risks associated with industry, which can then be formalised in a WIL agreement
Griffith Business School

3. Key Terms – WIL Griffith Business School
Work Integrated Learning (WIL):
A curriculum design which combines formal learning with student exposure to real or simulated professional, work or other practice settings. Also described as placement, practicum, co-op, internship etc. depending on the discipline.
Host organisation (HO):
A legal entity that accepts the student into the workplace as part of a WIL placement.
WIL practitioner (WIL discipline):
University employees involved with (academic discipline responsible for) the management and/or delivery of WIL programs.
University lawyers:
Deliver “in-house” legal services to the university, in particular risk management
WIL agreement:
A written agreement involving the university, host organisation and/or student with respect to the WIL placement.
The university or host organisation may draft the WIL agreement
Griffith Business School

4. Key Terms – Risk
Risk:
Definition: Probability; Consequences; or Event/Circumstance
Think of risk as any issue (+ or -) that affects WIL
Risk types: Issues which affect …
The university’s ability to achieve its goals with respect to WIL programs (Strategic risk)
The university’s liability or compliance with external or internal rules and regulations (Legal risk)
The day to day operation of the WIL program (Operational risk)
The university’s prestige, standing or brand (Reputation risk)
the assets of the university (Financial risk)
Griffith Business School

5. Strategic Risk
Host organisation (HO) - relationship: A potential or current host organisation does not offer a WIL placement(s)
The failure to attract and retain HO undermines the university’s ability to achieve its goals pertaining to WIL
Potential causes:
Complex WIL agreements;
Student performance and conduct;
Inflexibility with WIL placement hours;
Assessment is not industry-specific / authentic; and
Poor communication between HO and university supervisor
Griffith Business School

6. Operational Risks
Griffith Business School

7. Legal Risks - WIL agreement
Intellectual Property: The student assigns their IP rights to HO
Students may not understand the legal implications of assigning the IP they create
Students may feel compelled to assign their IP to complete their course or degree
Breadth of IP rights assigned to the HO
Indemnification: The university indemnifies HO for losses incurred in connection with the student’s involvement in the WIL program
Indemnity for negligent conduct by students or WIL staff – OK
Indemnity for any losses incurred in connection with the WIL placement – not OK
Griffith Business School

8. Legal Risks - WIL agreement
Disciplinary action on HO terms
HO takes disciplinary action or requires the university to take disciplinary action against the student
University assurances about student
The university provides assurances about student competence, character and conduct to HO
Griffith Business School

9. Legal + Reputation Risks – Conduct of HO
Student exploitation: Poor supervision of the student and/or poor attitude by the host organisation (“student as free labour”)
Allocation of duties that are the responsibility of HO staff and not part of the learning objectives of the WIL program
HO attitude that students represent free labour may expose students to an exploitative workplace environment.
Griffith Business School

10. Risk management tips Structure
2 page university WIL agreement in plain English - Griffith University WIL agreement template
Making purpose of WIL clear (Student-centred)
Opportunity for students to apply learning to a workplace setting; gain degree-related experience; career awareness and employability skills
Disciplinary action
Obligation to provide fair warning to student and university about matters which may warrant disciplinary action; and
Any disciplinary action is in consultation with and approved by university
Griffith Business School

11. Risk management tips Managing the relationship
University may have to accept risk
Indemnity in favour of HO – university could purchase additional insurance to cover the indemnity
Intellectual Property – educating students about the consequences of assigning IP and directing them to independent legal advice before assignment
Mutual obligation to promptly communicate and resolve issues
Griffith University WIL agreement: Should any impediment, problems or concerns arise at any stage during the placement, the party with the concern must notify the other parties without delay and attempt in good faith to mutually resolve any problems.
Griffith Business School

12. Risk management tips Communicating key host organisation obligations
Providing students with tasks and workplace exposure:
relevant to their discipline;
consistent with their level of study; and
that is appropriately supervised by a person with relevant qualifications
Complying with workplace health and safety obligations relevant to the WIL placement
Provision of induction process;
Industry specific rules and procedures;
Risk management systems / incident reporting;
Bullying, harassment and anti-discrimination laws
Griffith Business School

13. Approach the legal office prior to finalising a WIL agreement;
Risk management tips
University warranties about student
Make promises about students’ level of learning and completion of induction activities
Do not make promises about the conduct or competency of the student
Participation of university lawyer
Good relationship with the university lawyer can assist in managing risks. They can:
Participate in or provide strategic advice about negotiation
Suggest changes to WIL agreements
Take an exception-based approach to agreements (pragmatism)
Approach the legal office prior to finalising a host agreement
WIL staff:
Approach the legal office prior to finalising a WIL agreement;
Griffith Business School

14. Additional resources Griffith Business School Me:
Craig Cameron / also on LinkedIn
Comprehensive table of legal risks
Cameron, C. (2017) The strategic and legal risks of work-integrated learning: An enterprise risk management perspective. Asia-Pacific Journal of Cooperative Education. 18(3). pp
Legal risk - Program risk
Cameron, C., Freudenberg, B., Giddings, J., and Klopper, C. (2017) The program risks of work-integrated learning: a study of Australian university lawyers. Journal of Higher Education Policy and Management.
Legal risk - Contract risk
Cameron, C. (2017) The contract risks to universities of work-integrated learning programs. 45(5) Australian Business Law Review pp
Griffith Business School