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Legal Issues Abroad 2013

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?

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Legal Issues Abroad 2013

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  1. Legal Issues Abroad 2013

  2. Common Law Negligencedefined: • Doing something a reasonably prudent person would not do or • The failure to do something a reasonable person would do.

  3. 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

  4. 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

  5. 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

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

  7. 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.

  8. 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

  9. 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

  10. 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

  11. 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 woodlm@cua.edu

  12. 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 cua-disabilityservices@cua.edu

  13. 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

  14. 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 gregoryk@cua.edu

  15. 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

  16. 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.

  17. CUA policies to review • Reasonable Accommodations • Contract Approval and Signatory Authority • Global Education • Student Records • Sexual Assault and Harassment • Travel

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