Maximizing Fun & Minimizing Risk

Kappa AlphaTheta Risk Management Presentation Maximizing Fun & Minimizing Risk How effective risk management enables the finest and most rewarding membership experience

A Purposeful Service One of the ways in which we provide the finest and most rewarding membership experience is by having fun. Risk Management has sometimes been viewed as distracting from fun. Really, though, it is a way of ensuring that we maximize fun, because nothing detracts more from fun than a serious risk management problem.

A Purposeful Service What is risk, and why is managing risk so important?? Risk is anything that jeopardizes health, safety or welfare. Minimizing risk maximizes fun… Nothing detracts more from having fun than dealing with a serious risk management issue. Liability: To be held responsible for some act or event that causes harm or damage to another. If you are found liable, you may have to pay monetary damages to compensate for property damage or destruction, physical injury, emotional pain, rehabilitation and/or legal expenses. Individual members, the executive board, officers, and the Fraternity all can be held liable in the event of an accident.

A Purposeful Service 599,000 students between the ages of 18 and 24 are unintentionally injured under the influence of alcohol. On average, there is a fire in a fraternity or sorority facility every 2.5 days. Greek women are in particular danger of being sexually assaulted. 1,700 college students between the ages of 18 and 24 die each year from alcohol-related unintentional injuries, including motor vehicle crashes. Regarding lawsuits, 56% of the time we are sued by our own members. 40% of college students admit to knowing about hazing activities.

Kappa Alpha Theta Policies FIPG Policies The Fraternal Information and Programming Group (FIPG),Inc. provides risk management guidelines and educational resources to help member fraternities and sororities be more effective in their risk management policies and educational efforts. The FIPG policy has become synonymous with risk management policy at more than 45 national Greek men’s and women’s groups. FIPG is not insurance… • A summary of FIPG policies can be found in the Risk Management Handbook. It is there that you will find the official policies on the following issues: • Alcohol and drug usage • Hazing • Sexual abuse and harassment • Fire, health, & safety • Chapter education • And multi-group function criteria Refer to www.FIPG.org for the most up-to-date information …Kappa Alpha Theta’s insurance company is M-J Insurance, Inc., in Indianapolis, Indiana.

Part One Understand the Risks

Housing Safe housing is of serious concern to all collegians, especially Greek women. Safe housing needs to be viewed as a sisterhood issue. We care for each other’s well-being, and ensuring that we keep each other safe is an important part of our commitment to one another.

Housing Security Issues Windows • Do not leave windows open or unlocked if accessible from outside. • Protect yourself and your sisters from fall hazards… there are many cases where members have fallen from windows, especially in dormitories. Doors • Do not leave doors open or unlocked. • Do not prop doors open. • Do not give others your keys or passcode. • Consider only using one door for entrance and exit after dark. • Greet unescorted guests, and do not leave anyone unattended. • Exterior Lighting • Make sure all areas that may be traveled after dark are well lit. • Be sure to check for and replace burnt bulbs. • Examine the exterior of the facility for possible areas where a perpetrator may try and enter. FACT: One of Ted Bundy’s worst killing sprees began when he entered the Chi Omega house in Florida and violently killed 4 women while the other members slept.

Housing Safety Issues Fires • Check to see that electrical cords are secured and not frayed. • Do not use extension cords- use power strips, preferably with power surge protection. • Candles are not allowed in chapter members’ rooms. • Check that the fire alarm is working and functioning properly. • Do an education on fire safety, and have a fire drill at least once each term. • Make sure fire extinguishers are readily available throughout the house, and be sure to have them checked and serviced regularly. Every day hazards • Keep floors clean and dry. Many people have slipped and injured themselves on wet floors. • Glass doors: just as with windows, members and guests can fall through glass doors and cause serious injury to themselves. FACT: Fraternity and sorority housing averages 141 fires per year, or one every 2.5 days!

Hazing DEFINITION: Hazing is a means to subject a person to an activity which endangers or is likely to endanger the physical health or safety of a member or which tends to humiliate, embarrass, or cause personal discomfort regardless of one's willingness to participate in such activity.

Hazing Kappa Alpha Theta expects each member to refrain from hazing others and to refuse to be hazed herself. Hazing subverts and corrupts the true experience of Kappa Alpha Theta, and it can occur any time a chapter does not treat its members with dignity, kindness, generosity, and compassion.

Hazing Hazing or mock initiation of any kind is strictly forbidden As defined in the Kappa Alpha Theta Bylaws, Article 1, Section 4. Examples of Hazing: • Mock initiation of any kind • Forced consumption of alcoholic or non-alcoholic beverages • Any form of physical exertion running, push-ups, sleep deprivation • Scavenger hunts…this is true, even if it’s kept “clean!” • Class pranks • Line-ups-- this includes tests on who founders or members are, or any details about them • Running personal errands for members Fact: In 45 states, hazing is illegal and punishable by law. For more information on hazing, refer to www.FIPG.org and www.StopHazing.org

Hazing Guidelines Ask yourself the following questions… • Would you tell prospective members? • Would you tell your ABC, CDP or DRM? • Would you tell your fraternity/sorority advisor? • Would you tell your grandparents? • Would you be willing to have new members interviewed by your local newspaper? If you hesitated on any of these questions, it’s probably hazing!

Hazing If you have been hazed… Any member who feels she has been hazed or has knowledge of any hazing activity, or any parent or college administrator who has knowledge of any hazing activity, should call the Fraternity at 1-800-KAO-1870 and state, "I want to report a hazing incident." The call will be directed to the executive director or director of chapter services. All calls will be handled with confidentiality. Any chapter or member violating the laws of Kappa Alpha Theta is subject to disciplinary action.

Hazing Alternatives to Hazing Skate night Theta karaoke A surprise big sis - little sis event Chapter slumber party Cooking 101 Multi-cultural events Little black dress dinner Scrapbook night Farmer’s market Refer to “50 Sisterhood Events” found under the Resources section of the OP Document Library for more ideas!

Sexual Assault & Date Rape One in six American women have been sexually assaulted — college women are four times more likely to be assaulted. 84% of sexual assault victims know their offender. 73% of assailants and 55% of victims had used drugs or alcohol prior to the incident. One in four women in college will be a victim of an attempted or completed sexual assault.

Sexual Assault & Date Rape Precautions What you can do… Utilize any programs your campus offers that will assist you home. • Use the Theta Buddy System: • Each sister chooses a “buddy.” • Throughout the night, check to see that your buddy is safe. • Do not leave without letting your buddy know. • Walk home together at night. • Be aware of your surroundings: • Never accept mixed drinks from a stranger. • Never put your drink down. • Never walk alone at night (use the buddy system)! • Don’t get in a vulnerable situation with someone you do not know or trust. • Trust your instincts! Enroll in a self-defense training course.

Alcohol & Drugs Policies General Policies of Kappa Alpha Theta Each chapter of an FIPG member organization and all members are expected to comply with federal, state and local laws and university regulations. All chapter facilities are alcohol and drug-free. This is true even if someone is of legal drinking age. Visit www.FIPG.org for the most up-to-date information. A pre-event checklist must be submitted prior to every social and philanthropic event. All sponsored events must comply with FIPG and Kappa Alpha Theta policies. Member fraternities and sororities are expected to comply with FIPG policies in situations in which the university policies are less restrictive.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: No chapter may co-sponsor or co-finance a function where alcohol is purchased by ANY of the host chapters, groups, organizations or their alumni(ae). There is no such thing as, “We were just there”. If your chapter was invited or if a sufficient number of members attended at one time or another, then the chapter may become legally involved if something happens. There is no black and white standard for what constitutes, “co-sponsor” but if an observer would say, “Yes, that chapter was represented”, then the FIPG policy applies.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: No alcohol shall be present at any new member program, ritual, or philanthropic event. The most deadly nights for men’s and women’s fraternities and sororities are those associated with new member activities and Initiation. Most new members are under the legal drinking age in most instances, which means it’s not only illegal, but it makes the risks and liability especially high.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: No shots, drinking games or common-source containers (e.g. kegs) are tolerated at any chapter-sponsored event. Cases, 40-ounce beers or twelve-packs are in the same category—no one can consume twelve beers within a few hours and operate a motor vehicle legally. Beer pong, Beirut, quarters, the century club...the list of drinking game names is nearly endless. So are the tragedies associated with the consumption of alcohol when duress or encouragement are involved.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: The chapter and any co-sponsoring groups must provide transportation to and from the event for ALL guests at any social event where alcohol is served. And, yes, this includes parents, guests and/or alumnae. Most problems arise out of events where alcohol is served relate to drinking and driving. Transportation should also be considered when attending sisterhood activities that are not within walking distance of the chapter facility.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: No open parties are allowed. Any event at which alcohol is present must have a guest list, which is to be prepared at least 24 hours in advance of the event. A guest list is not a sign-in list. The student directory is not a guest list. A chapter membership list is not a guest list. All members or new members are limited to inviting two guests per event.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: No pre-partying or post-partying is allowed before or after any chapter-sponsored event. The dangers have to do with the high quantity of alcohol consumed in such a short period of time and the risks for alcohol poisoning. It does not matter where or when the events are held—if members are present, it is a chapter function, regardless of what members might call the event. The risks posed by such events are often more substantial than “official” chapter events. If the event gives the impression of involving the chapter, any competent attorney will try to prove that the event was sponsored by the chapter.

Alcohol & Drugs Policies Specific Policies of Kappa Alpha Theta Due to increased risk and liability, the following policies are practiced and enforced: Questions to ask regarding pre- and post-parties Have members of your chapter been invited/encouraged to attend? Was the event discussed/promoted at a chapter meeting, over a chapter e-mail list, or online? Is the event a mixer with a fraternity that will be having a party later that night? Is the event taking place at the home of older chapter members, who will provide alcohol? Are a number of chapter members meeting after the event to “keep the party going?” If you can answer yes to any of these questions, your chapter could be viewed as “co-sponsoring” the event, and therefore liable for any incidents that may occur.

Part Two What to do when incidents occur

Monitoring a Friend What to do if someone has consumed too much alcohol… • Again, use the Buddy System!! • Always make sure to check on your sisters. Remember your sisterhood above everything else! • Do not lie them on their back — make sure they are resting on their side. • Do not give them food, drink or drugs. This could induce vomiting and choking. • Monitor the person’s breathing. • Stay with them if they are unable to walk on their own or are vomiting. • When to call for help: • The person is semi-conscious or unconscious. • Their breathing has become labored or very slow. Be prepared to administer CPR until help arrives. • The person does not know how to respond to people. • They are not aware of the situation. • They are unable to control their bodily functions. It is far better to face someone the next morning who is upset about being taken to the hospital than have something tragic happen and have to ask, “Why didn’t someone do something?”

What to do when an incident occurs Crisis Management Plan Each spring and fall, the risk management chairman is responsible for creating a crisis management plan. This plan should be followed in the event of an emergency. The risk management chairman should have this and the emergency contact forms with her at every event. The chapter president is in charge. Remember that only the ABC or CDP is to contact parents! Inform your ABC or CDP of the situation, and give them the pertinent contact information. The crisis management guide and sample crisis management plan can be found online in Appendix K of the Risk Management Handbook.

The Risk Management Chairman Incident Report Work with your president to submit an incident report within 24 hours in the Officer Portal after all incidents. Submit an incident report any time the police, fire department or ambulance is called, or any time an individual is taken to the hospital. In any of the above instances, an incident report may be required submitted, whether or not the crisis management plan was enacted. Contact your DRM to help decide whether a report needs to be submitted. Your ABC, CDP and DRM will decide whether to file a claim with MJ-Insurance, Inc. An uncompleted example of the incident report form can be found in the OP Document Library under Master Calendar Form Examples.

Part Three Liability and Consequences

Risk Management is for everyone Walk the Talk • It is important to educate your chapter on risk management, as well as the liability and consequences associated with managing risk poorly. • An effective risk management program will keep members safe and decrease possible liability to the chapter, its officers and the Fraternity. This results from a clear and unambiguous commitment to risk management demonstrated by the chapter leadership and risk management team. Translation: Walk the Talk!

Liability Definition To be liable is to be held responsible for some act or event that causes harm or damage to another. If you are found liable, you may have to pay the damages that are a result of the act or event. Damages usually are in dollar amounts and compensate for: • Property damage or destruction • Physical injury; emotional pain; rehabilitation • Legal expenses There are two types of liability: Criminal Liability A charge is filed by a state or federal agency against an individual or organization as a result of an act or acts that have been classified as a crime. Civil Liability A suit is filed by an individual against another individual or organization, whether a law was broken or not, to decide whether the offender or third party is responsible for the injuries suffered.

Liability Criminal & Civil Responsibilities The three most common types of liability we encounter as a Fraternity are: • Social Host Liability: • One assumes this liability when they host/co-host an event where alcohol is served or allowed to be consumed. The event host is responsible for any “injury” that occurs as a result of an intoxicated person harmed or that individual harming or “injuring” another party. • Dram Shop Liability: • Obligation of licensed vendors to not serve minors or intoxicated individuals. If they do, they can be held liable for damages that individual caused. This can sometimes be applicable to fraternity/sorority parties. • Proprietor Liability: • Legal duty of property owners to maintain a safe facility and grounds for residents, users, and visitors.

Liability Specific Liability If a member or guest is injured, gets sick, has to be hospitalized or dies as a result of attending a chapter sponsored or co-sponsored event, your chapter and its officers can be found responsible and liable. Even more frightening, if someone leaves your event intoxicated and proceeds to injure themselves, someone else, or damage property, your chapter and individual officers can be found responsible and liable as well! This is true whether the individual actually consumed alcohol at the event or not! There is no such thing as “I didn’t know!” All chapter member are required to know and understand all Kappa Alpha Theta and FIPG policies.

Liability What does all of this mean? Who can be held liable in these situations? What are the possible consequences? • Individual • A chapter member or officer could have charges filed against them. • If found guilty, they could possibly serve jail time, have it recorded on their permanent record (which would be viewed by all future employers, graduate school admissions, etc.) or possibly be required to pay compensation for damages, emotional injury, etc. • If the student is unable to pay, the parents homeowner’s policy might be tapped to pay for that compensation. • Kappa Alpha Theta • The president, vice-president education and entire risk management team may be called into court, even if they did not participate, and possible jail time and fines could be given. • The Fraternity could be sued and held liable for the actions of the chapter members. • As a result, the chapter could face disciplinary action including being put on notice or probation, or possibly face charter suspension or even chapter closure.

Negligence Definition In order to determine if someone or an organization is liable, a determination of negligence has to occur. Negligence is a claim against you or your organization that you did not act responsibly, as determined by the court. Two ways to determine negligence: Foreseeable Is there any past history in regard to what happened in the incident that would have been an indication that a person could be “injured in the future?” Did you take corrective action to prevent a second incident? Duty of Care The obligation a person or organization accepts in protecting the safety and well-being of others. If a safety hazard or risk is recognizable or foreseeable, one has to put in place measures that minimize or eliminate this risk.

Myth Busters Myth #1 If something goes wrong, Theta’s insurance policy will cover it. Truth: • Our insurance company, MJ Insurance, Inc. will not cover: • Anything illegal (hazing, providing alcohol to minors or someone who is visibly intoxicated) • Anything against Fraternity policies (hazing, providing alcohol, open parties, etc.)

Myth Busters Myth #2 If it’s not an official chapter event, Theta can’t be legally liable for anything that happens. Theta can be held liable if someone could reasonably perceive the event as a chapter event. Therefore, it is safer and more sensible to assume that any time more than a few members or new members are involved in an event, it will be considered a chapter event, and FIPG and Kappa Alpha Theta policies apply. (This includes a member hosting a party at their private residence.) Truth:

Myth Busters Myth #3 An individual member cannot be held liable for an event she sponsors at her private residence. Truth: Again, if it can be perceived as an event sponsored, officially or unofficially, by Theta, the member hosting the event, officers of the chapter and the Fraternity can be held liable should someone proceed to injure themselves, someone else or any property.

Myth Busters Myth #4 It is okay for members to drink as long as there is a sober-sister driving program to get them home safely. Sober sister programs are not allowed per Kappa Alpha Theta policy. There is simply too much liability associated with these types of programs. Truth:

Myth Busters Myth #5 I can never party with Thetas again! Be a STAR! Sisters That Act Responsibly At an event where Theta or you can be held liable (fraternity parties, birthday bar crawls, etc.) just be extra careful and look out for one another! Truth:

Additional Risk Management Resources In addition to your advisors and district team officers… The following is a list of manuals and resources provided for the development and safety of all college chapters: • Risk Management Handbook:This is found in the Officer Portal and on the website, under Theta Manuals. Be sure to have a current copy available in your officer notebook • Kappa Alpha Theta Constitution & Bylaws:The newest version of this document can always be found in the Theta Manuals section of the website and in the Officer Portal • Chapter bylaws: The, president, VPA, and VPD should always have a current copy in their files • Campus/University alcohol policy:All code of conduct statements can be obtained through the fraternity/sorority advisor or the office of Student Life • GreekLifeEdu: The GreekLifeEdu program must be completed and passed by all new members prior to initiation. For more program information, visit www.outsidetheclassroom.com/solutions/greek/greeklifeedu.aspx • Crisis Management Plan: Created by each college chapter, this plan must be updated and presented to the chapter at least twice per year • Theta website: www.kappaalphatheta.org • MJ Insurance, Inc.: Kappa Alpha Theta’s official insurance company can provide an abundance of resources for all educational needs. Their contact information can be found in the Risk Management Handbook or at www.mjinsurance.com/mji/mj.nsf

Maximizing Fun & Minimizing Risk