Risk Management and Liability

1. Risk Management and Liability Sources: Points of Light Foundation, October 2002 Florida Campus Compact, March 2004 California State, Monterey Bay

2. Development of a liability form Placement versus referral Mandatory versus optional service-learning Agency registration Insurance coverage-college, non-profit, (the college has not made any recommendations at this time). Issues that the CSM took into account

3. Liability for Negligent Acts Generally There are three elements of negligence: • a duty to protect others, • failure to perform the duty, • and injury or damage caused by the failure to perform. Merely showing a student was injured while volunteering does not prove liability on anyone's part. All three of the elements must be proven to have a legal action in negligence.

4. What is include on our liability form? • RISKS AND DANGERS Including, but not limited to, transportation delays or accidents, victimization by criminal activity, and illness. II. AGENCIES, ORGANIZATIONS AND ASSOCIATIONS The College makes NO REPRESENTATIONS OR RECOMMENDATIONS REGARDING THE AGENCIES AND ORGANIZATIONS LISTED. Unless expressly noted, the organizations listed are fully independent of the College. • RELEASE AND WAIVER I understand that there are certain dangers, hazards and risks in the Program. I understand that the college does not assume responsibility for any injuries, death or damage resulting from these dangers, hazards or risks.

5. Example of Reasonably Foreseeable Danger For example, while volunteering at an elementary school a student steps outside to make a phone call and is hit by a passing vehicle. The court would have to decide whether the car accident was a reasonably foreseeable danger from which the institution had a duty to protect the student.

6. What information do we ask for: • Name • Course name & number: • Faculty name: • Agency where you are performing service: • Number of service hours you are performing: • Degree/certificate program you are enrolled in: • Signature of participant • Date: • If the participant is under 18, a parent or legal guardian must also sign. • Print name: • Date: • Signature of parent/legal guardian

7. The CSM Liability and Release Form can be found in three places: Website: http://www.csmd.edu Current Students Student Life Service-Learning Student Service-Learning Forms I Drive: Forms STL Liability Form Hard Copy: Department of Student Life, CC 110, La Plata Campus

8. All students participating in service-learning projects at the College of Southern Maryland  must complete the LIABILITY AND RELEASE FORM.  New forms must be filled out each semester, regardless if a student has done service-learning in the past. Forms are filled in the Student Life Department in the Assistant Director of Student Life Office for a period of three years.

9. Placement Requires more time in planning due to “checking” each site. In a placement situation, you must identify risks at each placement and decide how those risks will be managed. You are Referral In referral, we set-up a variety of sites, and work with the non-profits to orient them to the program. Students decide on where they wish to go for their service. This is the model that CSM currently uses. Placement versus Referral

10. Example of a placement liability For example, a volunteer required to work with dangerous chemicals is burned. The college should have known of or foreseen this danger when the student was placed. In this situation the court would probably find that the college had a duty to protect the student from this type of injury by using reasonable precautions such as gloves or other skin protection, or orientation specific to this duty.

11. Mandatory All students must complete service or their grade will be affected. What to consider: 1. Students who not want to do service may do more harm than good at the service site. 2. Students that are harmed at a service site may have a greater claim against the college there were serious repercussions in not performing service. Mandatory versus optional service-placement

12. . Example of Mandatory versus Optional • For example, if a student was performing a service project that must be completed in order to graduate, a waiver or informed consent form could prove useless, because there were serious repercussions (i.e. not graduating) if the student failed to sign. • If on the other hand there were several other service projects to choose from and the student understood they could simply choose a different project, then the form would hold more weight.

13. Agency registration All community agencies who wish to have students placed at their site, are required to register with the CSM Department of Student Life. An agency can register online at: www.csmd.edu/vsmd or if an agency does not have online access, they can call the Student Life Department at (301) 934-7508 and we will work with the agency to get them on the centralized database.

14. Information agencies provide to us: • Primary agency contact's up-to-date email, phone number and address • Password for your agency to later update their information • Employer Identification Number (EIN) optional • Agency's Mission statement • Agency description of services statement • Coordinator's name, phone and address for each listing • Title of listings, descriptions, and dates (where applicable)

15. At the time of registration, agencies agree That they are • A 501(c) (3) nonprofit organization. • A faith-based/religious organization • A proprietary care provider (i.e., nursing home, hospital) • A government agency Organizations that meet the below criteria will be PROHIBITED from registering. • A political campaign or party • Any organization seeking volunteers for personal purposes • Any organization requiring financial membership to participate in volunteer opportunities • Any organization whose mission is contrary to the sprit of volunteerism

16. Nonprofit agency agreement • To prohibit discrimination based on race, creed, color, religion, gender, sexual orientation, marital status, veterans status, age, national origin, or physical or mental disability in all volunteer related projects and in the selection of volunteers. • To provide a safe work environment for all volunteers • Not to charge volunteers for their participation in volunteer activities • They will not displace paid workers for volunteers

17. For Service-Learning Syllabi or Class Discussions For Service Learners (CSM Students) DO participate in orientation for your service-learning experience. DO make sure you know whom to contact at the site and at the university in case of an emergency. DO make sure you know how to exit your service site in case of an emergency. DO keep all information about clients you work with confidential. DO show respect for your service site, its staff, and its clients. DO be aware that you are representing your college. DO know that if you are having trouble at your service site, you can talk with your faculty member about it. DO know that you can request an alternative service site if you are not comfortable with your current site.

18. For Service-Learning Syllabi or Class Discussions Continued DON’T report to your service site under the influence of drugs or alcohol. DON’T give or loan a client money or other personal belongings. DON’T make promises or commitments to a client that you cannot keep. DON’T give a client or community-based organization representative a ride in a personal vehicle. DON’T tolerate verbal exchange of a sexual nature or engage in behavior that might be perceived as sexual with a client or community-based organization representative. DON’T tolerate verbal exchange or engage in behavior that might be perceived as discriminating against an individual on the basis of his/her age, race, gender, sexual orientation, ability, or ethnicity. DON’T engage in any type of business with clients during the term of your service. DON’T enter into personal relationships with a client or community-based organization representative during the term of your service.

19. A final note… One way to limit risk in any activity is to properly educate, train, and prepare participants. It is especially important to spend time educating and training participants in safety procedures, potential dangers, and the risk management policies of your organization, as well as policies at any service sites.