Risk Management for Student Organizations

1. Today! • Check-In • BeInvolved • Constitution Meetings (due Friday by 5!) • Constitution Drafts emailed to me by Sunday at 3 • Website updated with useful documents • Risk Management • Budgets and Finance • Nuts & Bolts

2. Risk Management

3. Definitions of Risk Management?

4. Risk Management is the process of preventing or mitigating harm from occurring. So why should you care? As students leaders, what is your responsibility in preventing risky behavior?

5. Considering Risk Management • New member intake • Socials and other events • Signing Contracts • Travel • Physical Activity

6. Risk Management Risk Management is a ladder; lower risk vs. higher risk

7. Official vs. Unofficial Events What is the difference between an Official Org Event and an Unofficial Org Party? Answer: How a reasonable person would describe it If I asked a reasonable person where they were, and they replied, “a Tater Tot Club party,” then it is a TTC party • Student Activities doesn’t require orgs to register off campus events or parties. These issues arise in our office when something has gone very wrong • You never take off your letters/polo/nametag, etc. You are always affiliated. • Who is hosting, who is there, who contributed money?

8. Risk Management – Social Events Risk Management is a ladder; lower risk vs. higher risk 21 is the legal drinking age If you provide alcohol, you are responsible for the person who consumes it until they are sober Consider having a Risk Management Chair on Exec, or other member required to assess potential harm in any given situation • Member intake, social gatherings, etc. What is the purpose of your gathering? Is alcohol merely present or is it the focus?

9. Risk Management Cont’d BYO: No more than a single 6-pack per person of legal drinking age; just say no to jungle juice! Sobers: 1:10 ratio committed to not drinking Guest list: Who is at the party and who are they with? Non-Alcoholic Beverages: Out and readily available, NOT a cup next to a sink. I should be able to move my hand a few inches to the left/right of the iced beer cooler and find a bottle of water or soda, other non-alcohol drink Safety: Rope off upstairs, downstairs, random hallway, backyard... Food: Order & have available while everyone is there Trash can at door for drinks

10. Hazing

11. Hazing ...Hazing activities include but are not limited to; physical abuse; kidnapping, blindfolding, confinement, or binding and/or restricting movement; calisthenics or other strenuous physical activity used to harass, punish, or harm an individual; excursions; spraying, painting, or pelting with any substance; burying in any substance; nudity; servitude; exposure to uncomfortable elements; verbal abuse or harassment; wearing of apparel which is conspicuous or indecent; forcing consumption of any legal or illegal substance (e.g. food, liquid, beverage, alcohol, drug, or other substance); depriving of sufficient sleep; burning, branding, or tattooing; interrogation in an intimidating or threatening manner; misleading members in an effort to convince them that they will not become or remain members unless they complete tasks, follow instructions, or act in a certain way; misleading members into believing that they will be hurt during induction or initiation; carrying items that serve no constructive purpose or that are designed to punish or embarrass the carrier; requiring or suggesting obtaining, possessing items or completing tasks in an unlawful manner (i.e. scavenger hunts); any act that is designed to or likely to compromise the dignity of a member or prospective member, cause embarrassment or shame to a member or prospective member, cause a member or prospective member to be the object of malicious amusement, ridicule, or emotional strain, or cause psychological harm or substantial emotional strain; or any other activity which may result in physical injury or endanger the health or life of the individual being hazed...

12. Are We Hazing? • What is the purpose of the activity you are hosting or requirement for membership? Does it directly relate to the mission of your organization? • What are the potential dangers/risks, both physical and emotional? • Are individuals allowed to opt out without repercussions? What is your org culture? • “You can leave if you want, but everyone else…” • Does the activity/requirement enhance your organization in a way you would be proud of if it was publicly revealed? This is not an exhaustive list of questions, just a frame of reference of where we would start.

13. Example: A service-oriented organization has a requirement that each new member must present documentation that they have 10 volunteer hours at a local charity of the new member’s choosing. This is well communicated on the application and throughout the new member process. Hazing? The same service-oriented organization also has an internal, unwritten requirement that new members, before they are allowed to join, must sing Lady Gaga on the Commons during peak lunch hour. Members are told the day before and that it is a non-negotiable requirement in order to join. The current members say this is to have new members prove they are adaptable in stressful situations and are willing to give their all to an otherwise embarrassing task. Hazing?

14. Investigating Hazing • Organization Investigation • Preponderance of Evidence: More likely than not, or 51% sure (vs. beyond a reasonable doubt) • President & advisor meeting • Member Interviews • Suspension while under investigation, including no-contact and cessation of any/all events and meetings • Potential to go to Student Activities & Involvement Hearing Board • National Association Investigations • We will cooperate with any sanctions and decisions made by a national governing body • Personal charges with OSARP brought by individuals against individuals • Criminal charges possible. Hazing is illegal.

15. Sexual Misconduct (3 minute break)

16. Sexual Assault, Title IX, & Reporting Employees of JMU are Mandated Reporters. If they hear of a sexual assault, harassment, or other harm occurring, they are required to report to Amy Sirocky-Meck in the Title IX Office. Keep this in mind as you are discussing incidents with your JMU Faculty Advisor. Student leaders are not mandated reporters unless they are also employed by the university and are on the clock when they are told of the incident.

17. Confidential Resources The Well: (540)568-2832 (Call and ask about confidential resources/survivor advocates) Jackie Hieber, hieberjm@jmu.edu Arianna Sessoms, sessomam@jmu.edu

18. What happens when someone reports: • Inform Amy Sirocky-Meck of what we know • “As a mandated reporter, I’m sending you an incident that an individual brought to me. I am told through this third-party person that PERSON A was sexually assaulted by PERSON B at EVENT on DATE… Please let me know if you have any questions or if I can help in any way.” • If the person harmed is known, Amy reaches out via email with resources and options moving forward. If not known, Amy will reach out to the third-party person and ask to forward information. • If the person harmed does not want to pursue, then the “investigation” is done. • Options to continue Title IX Investigation, OSARP, criminal, etc.

19. Green Dot Bystander Intervention • Replacing “Dukes Step Up” • Focus on preventing instances of harm (red dots) with intervention acts (green dots) • Student training has begun with early adopters and those referred to us by other students as campus influencers • Train students to be confident in intervening to individual acts of harm as they occur • Create a proactive culture against acts of power-based personal violence (sexual assault, stalking, dating violence, and hazing) • Will send out the nomination form to everyone. Please nominate leaders/influencers that you are aware of. • NOT a mandatory training. Completely voluntary and will not be used as a punishment

20. Student Organization Specific

21. Contracts • DO NOT SIGN A CONTRACT until someone from the university has looked at it. • Takes more time, but you are safer against possible personal liability as the person who signs it

22. Waiver Forms • Options: • 1 per event: more common with lower risk orgs that are doing one event that might be more of a liability (i.e. group hiking trip) • General for the organization: more common with higher risk organizations as a catch-all, aware from the beginning of the risks involved in participation (i.e. Clay Target Team) • Other information everyone in the org should know (i.e. someone has a severe peanut allergy) – confirmation that everyone is aware and won’t bring peanut products to meetings • Sample one available on Student Activities & Involvement website, adjust as necessary for “I understand the risks involved in this activity that could include but are not limited to…”

23. Money • Who is on your account and has access to it • Suggestions: Advisor, president, & treasurer • How is money being tracked through the org • Suggestion: public (viewable only) document showing expenses and current balance, updated regularly by treasurer • Just say no to Venmo! • Cannot have a group account for Venmo, so using someone’s personal account. Not a good idea. • Talk to your bank about other options for orgs for electronic money transfer

24. Other Things to Consider

25. National Affiliations or Associations • Who is your National president? • Who is your primary contact? Regional director, risk management coordinator, etc. • What are the national policies and are you in compliance? • Constitution/ByLaws? • Risk Management? • Advisor requirements? • Yearly changes or updates – Don’t ignore the emails! • Low requirements or hands-off? I challenge you to hold your org to a higher standard. Just because you “don’t have to” doesn’t mean you shouldn’t. Be better. • Example: Risk Management Policy

26. Going From Here • How are you communicating potential risks to members? • Liability Forms when you travel to conferences • Who is in charge of assessing risk for your organization? • What are your standards for members when it concerns risk and risky behavior to themselves, to the university, and to the reputation of the organization?

27. “Homework” • Constitutions • Constitution drafts are due to me electronically by 3pm Sunday, September 15th. Early is OK, too! • Incomplete drafts are accepted. Please put thought and effort into it, but we have these meetings to answer questions you have. • Constitution Meeting Sign Ups due Friday the 13th at 5pm

28. When are we good to go? • Final Recognition when: • Constitutions are uploaded to your BeInvolved page • Constitution Approval Form is signed by your exec OR 8 founding members, turned in to Student Activities & Involvement • Before New Org Showcase on October 2nd

29. Questions? Jessica Weed weedje@jmu.edu 540-568-6613 Student Activities & Involvement beinvolved@jmu.edu 540-568-8157