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Risk Management. Presented by: Sean P. Callan, Esq. WHAT EVERY GREEK LEADER NEEDS TO KNOW!. The REAL Animal House. Alpha Chi Alpha. AGENDA. Risk Management Principles Risk Reduction Policies Risks to Collegians Alcohol Abuse/Drug Use Hazing Physical Structure/Security
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Risk Management Presented by: Sean P. Callan, Esq.
AGENDA • Risk Management Principles • Risk Reduction Policies • Risks to Collegians • Alcohol Abuse/Drug Use • Hazing • Physical Structure/Security • Officers’ Liability/Insurance
WHAT IS RISK MANAGEMENT? n: The process of assessing risk and acting in such a manner, or prescribing policies and procedures, so as to avoid or minimize loss associated with such risk.
What is Risk Management • Avoid • Reduce • Transfer • Accept
WHAT ARE THE RISKS? • Alcohol abuse/drug use • Hazing • Fire and Security
Policies • National Policies • FIPG – Fraternal Information & Programming Group • 88 members • Men’s and women’s groups • Generally form framework for all Greek letter group risk management policies
Policies – FIPGAlcohol & Drugs • Use of alcohol during sponsored event, or an event an observer would associate with the organization, must comply with law and comply with BYOB or Third Party Vendor guidelines. • No use of chapter funds to buy alcohol; no bulk/common source purchases (kegs)
Policies – FIPGAlcohol & Drugs • No open parties – unrestricted access by non-members where alcohol is present • No providing alcohol to minors • No illegal drugs or controlled substances
Policies – FIPGAlcohol & Drugs • No co-sponsor of event with a bar or tavern • No co-hosting with other chapters where alcohol is present • All rush/recruitment must be alcohol free
Policies – FIPGAlcohol & Drugs • No drinking games – pong, century club, drink your age, liar’s dice/poker, etc. • No alcohol at bid night, big-littles, family nights, initiation or any other pledge/new member events
Policies – FIPGHazing HAZING is PROHIBITED in all forms!
ALCOHOLa few numbers • Death: 1,825 college students between the ages of 18 and 24 die from alcohol-related unintentional injuries, including motor vehicle crashes (Hingson et al., 2009). • Injury: 599,000 students between the ages of 18 and 24 are unintentionally injured under the influence of alcohol (Hingson et al., 2009). • Assault: 696,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking (Hingson et al., 2009). • Sexual Abuse: 97,000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape (Hingson et al., 2009). • Unsafe Sex: 400,000 students between the ages of 18 and 24 had unprotected sex and more than 100,000 students between the ages of 18 and 24 report having been too intoxicated to know if they consented to having sex (Hingson et al., 2002). • Drunk Driving: 3,360,000 students between the ages of 18 and 24 drive under the influence of alcohol (Hingson et al., 2009).
ALCOHOL Alcohol Abuse and Dependence: 31 percent of college students met criteria for a diagnosis of alcohol abuse and 6 percent for a diagnosis of alcohol dependence in the past 12 months, according to questionnaire-based self-reports about their drinking (Knight et al., 2002).
Common Accidents/Incidents • Someone left to “sleep it off” • Falls • DUI/OVI
Underage DrinkingProviding Alcohol • Criminal Liability • Felony in some states • Psi Upsilon – 17 year old recruit • Tabard – undercover operation • Florida –misdemeanor – jail and fine • Florida “open house party” – criminal liability for hosting party where minors drink
Underage DrinkingProviding Alcohol • Civil Liability • By statute, you are RESPONSIBLE for all damage caused by minor you serve directly • By statute, you are RESPONSIBLE for all damage caused by minors at “open house party”
Know Your Risks • Most dangerous nights… • Bid night • “Bigs” night • Initiation • 70% of lawsuits filed by chapter members…
LEGAL DEFINITION OF HAZING Any action taken or situation created, whether on or off any school, college or university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student….
LEGAL DEFINITION OF HAZING Any action taken or situation created, whether on or off any school, college or university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student….
JAIL • One year • Six months
Carson Starkey SAE – Cal Poly
Scott Krueger FIJI - MIT
George Desdunes SAE - Cornell
. “Look at me,” he said. “I was Student Senate president and a straight-A student, and I wound up in prison for two years for a stupid tradition.”
"I did what I did out of a misguided sense of building brotherhood….I will live with the consequences of hazing for the rest of my life, My actions killed a good person, and I will be a felon for the rest of my life…..
Know Your Risks • Most dangerous nights… • Bid night • “Bigs” night • Initiation • 70% of lawsuits filed by chapter members….
Criminal LiabilityforOfficers Is there a higher duty?