Student Organization Risk and Liability

1. Student OrganizationRisk and Liability Marje Lemmon, Risk Manager Pete LeMay, Asst. Risk Manager Vicki Ramsay, Resource Coordinator Monday, December 17, 2007

2. Agenda • What is Risk Management? • Yale University Risk Management Team • Insurance Provided to Registered Student Organizations • Examples of Situations Not Covered by University Insurance • Use of Automobiles • Travel Procedures • Certificates of Insurance • Use of Vendors, Contractors, Partner Organizations • Activities Involving Alcohol Use • Case Study #1 YALHU • Case Study #2 SWRS • Questions?

3. What Is Risk Management? Risk management is the process of analyzing risks posed by activities, and determining and implementing methods to manage the risk. The steps of risk management include: • Identification of Risks • Analysis of methods to deal with the Risk • Selection of a method or methods • Implementation of the chosen method(s) • Monitoring and evaluation

4. Yale University Risk Management Team • Marje Lemmon, Risk Manager 432-0140 • General Questions • Contract Review/Requirements of Outside Parties • marjorie.lemmon@yale.edu • Pete LeMay, Assistant Risk Manager 432-6606 • Driver Training/Automobile Questions • TIPS training • peter.lemay@yale.edu • Vicki Ramsay 432-8258 • Medex Program/Travel Issues • Certificates of Insurance • Personal Property Insurance Program • victoria.ramsay@yale.edu

5. Insurance Provided to Registered Student Organizations • Automobile Liability Insurance for University owned or Rented Autos • Only provided if driver has passed the Driver Safety Awareness Class • Deductible may apply depending upon the circumstances surrounding the accident • General Liability insurance for all operations and activities • Must be in compliance with University Regulations • No deductible applies • Property Insurance for University Owned Property • $1,000 deductible applies • Student Personal Property Program is a lower deductible option • Travel Assistance (MEDEX) • Medical, Security, or Political Evacuation Assistance • Other Travel Assistance Services

6. Examples of Situations Not Covered by University Insurance • Injuries or Damages for which the student organization is not legally liable • Defense costs will be covered • Automobile Liability for non-approved drivers • Property insurance for personal property not owned by Yale University • Operations or activities which do not comply with University policies and procedures • Illegal activities • Operations of student organizations that are not officially registered as such • Injuries to student organization members

7. Use of Automobiles • All Student Drivers MUST take and pass the Driver Safety Awareness Class prior to driving any Yale owned or rented automobiles • Refer to University Policy 1705 for Auto Safety Rules and Regulations • $500 deductible may apply per accident • Consider Zipcar as an alternative • No Deductible if You Rent with Enterprise, Hertz or Avis • Corporate code must be provided at time of rental • Hertz CDP344712 • Enterprise NA24YU1 • Avis A424900 (the only company that rents to drivers under 21 years of age) • Full Deductible will apply for other rental companies • Purchase of insurance for rental cars with approved drivers is not necessary when renting in the United States, Canada, Puerto Rico or US Virgin Islands • Use of personal vehicles is strongly discouraged • Use of 12 and 15 passenger van use is prohibited. Why?

8. September 26, 2005 Nine Utah State University Students Killed in Van Rollover University Insurance Will Not Cover the Use of 12 or 15 Passenger Vans

9. Travel Procedures • Understand Yale’s Travel policies and Your Responsibilities as the Trip Leader • Visit the Yale and the World Websitehttp://world.yale.edu/abroad/travel_resources.html.  • Review the checklists and resources listed under “Student orgs” & “Trip Leaders” • Register your travel with the Secretary’s Office at http://world.yale.edu/travelform/. • Waivers must be signed by every traveler for every trip, foreign or domestic • Leave Itinerary With the YCDO, including: • Destination • Travel Route • Dates of Travel • Housing Information • Key Contact Person in the event of emergency here • Familiarize yourself with the customs of the countries you are visiting before you go • MEDEX Portal at http://www.yale.edu/riskmanagement • Establish Rules and Procedures and Have Each Traveler Acknowledge Receipt • Limit Free Time Available to the Travelers • Coordinate Group Meals and Group Activities • Conduct Pre Trip Orientation With Your Group • Conduct Orientation Upon Arrival

10. Certificates of Insurance • Documentation provided to others that Yale University carries insurance required by the other party • Could be requested by Owners of equipment, space, or other items we are renting or borrowing • Could be requested by parties performing or participating in activities • We need confirmation from YCDO that activity is approved before we can extend our insurance • Meet with Dean Letriz to Discuss the Activity • Certificate request form can be found at: http://www.yale.edu/riskmanagement/insurance.html • Request the certificate as soon as you know you will need it • We Need a Minimum 48 Hour Turnaround Time

11. Use of Vendors, Performers, Partner Organizations • Written Contracts or Agreements must be used • Contracts must be reviewed by Office of Risk Management and Office of General Counsel • Contracts must be signed by University Administration • The University Requires All Vendors, Contractors, or non-Yale partner organizations To Carry Insurance • Proof of insurance (Certificate of Insurance) must be provided prior to commencement of activities • Details on standard insurance requirements can be found at: www.yale.edu/riskmanagement/insurance.html • TULIP Program is an alternative • Restrictions apply • www.yale.edu/riskmanagement/programs.html

12. Activities Involving Alcohol Use • All University policies on alcohol use must be followed both ON and OFF campus • If you do not hire outside caterers for alcohol service, the servers must be TIPS certified • Ensure there is a procedure for checking IDs • If you do hire outside caterers, a certificate of insurance must be obtained from them and sent to Risk Management for review. • Claims, injuries and lawsuits resulting from the unlawful service of alcohol may not be covered by University insurance—the organization and its members will be “on their own” for any resulting damages • Ensure there is sufficient food being served • Chips and Dip are not sufficient! • Ensure there is a sufficient supply of non-alcoholic beverages

13. Case Study #1 • The Yale Association of Left Handed Undergraduates (YALHU) wishes to travel to Sydney during spring break to observe drivers drive on the left side of the road. Part of the trip will include an excursion to a remote area 100KM outside of Sydney to see the birthplace of a famous left handed Aussie. The students will all travel to Sydney together, but, since the trip is only for seven days, some of the members want to extend their trip and travel on their own until they need to be back on campus.

14. Case Study #1 (continued) • What are the risks associated with this trip? • How can these risks be controlled? • What are the responsibilities of the YALHU leaders: • Before departure? • Upon arrival in Sydney? • During the trip? • During the trip, one of the YALHU members looks the wrong way while crossing the street, and is hit by a car • What should the YALHU leaders do?

15. Case Study #2 • The Sabrina Was Robbed Society (SWRS) wishes to hold a dance event on campus. There will be a performance by professional dancers, food service provided by a New Haven caterer, and an open bar. The caterers will not be providing bar service. One of the SWRS members has a suitemate who is an amateur DJ and has offered to provide DJ services for free.

16. Case Study #2 (continued) • What are the risks associated with this event? • How can these risks be controlled? • What are the specific steps that need to be taken with respect to the outside parties providing services?

17. Questions?