RISK SENSE: Developing and Managing International Education Activities with Risk in Mind

1. RISK SENSE: Developing and Managing International Education Activities with Risk in Mind June 1, 2010

2. What scares you most in your job?

4. PART I: THE CONCEPTS

5. What is a Hazard? ‘Hazard’ is an activity or technology [or circumstance] that poses a threat to humans and what they value. Ross, 1999

6. What is Risk? Risk is the uncertainty embodied in any event that threatens to do harm to a person or an organization and their property. Mitchell and Myles, 2009

7. Measuring Risk We can measure the extent of this risk (low or high) by considering both the probability of something negative happening and the severity of the outcome.

10. Real vs. Perceived Risk • What are you more afraid of, sharks or vending machines? • Why? • Can you name other perceived risks that can/have caused problems for institutions? • Use education to manage perceived risks and policy to manage real risks.

11. Perception Of Risk <--- Perceived Risk <--- Measurable Risk Degree of Risks Age of Person

12. What is the difference between Negligence and Liability • Liability • is the legal responsibility resulting from a wrongful action (or inaction). When liability is assessed to an individual or organization, damages may be awarded to the injured party as remedy for the injury. • Negligence • is one kind of liability • to understand negligence we must understand our duties

13. Our Duties • Duty of Care • Standard of care • Fiduciary duty

14. Duty of Care • You have duty to someone if you have a relationship with them (legally speaking of course) • Duty to determine any foreseeable hazards and guard against them.

15. How is standard of care determined? • The standard of care depends on the nature of the relationship • What hazards are reasonably foreseeable? Think of what could go wrong during your program. If you can reasonably anticipate a problem, then think of ways to prevent or respond to it. [reasonable person] • What is the industry standard for these kinds of programs and activities?

16. Fiduciary duty • Fiduciary duty is the duty you owe when you are in a special relationship when you are in a position of trust • Special relationship with the student • In loco parentis

17. Meanwhile Back At Liability… • Liability • is the legal responsibility resulting from a wrongful action (or inaction). • Negligence • Is one kind of liability

18. Test for Negligence When the courts are trying to determine negligence a four part test is used. For a party to be negligent all of the following must be true: • Was there a duty of care i.e., a relationship? • Was the standard of care not met? • Causation – Were the defendant’s actions (or inactions) the cause of the injury? • Damages – Did the plaintiff suffer a loss related to the injury?

19. But what if…

20. But what if…

21. Shared Negligence The courts may well find that the negligence was shared and will determine the percentage of responsibility and award monies based on the determination of shared responsibility.

22. Let’s try our hand at determining if the institution was negligent.

23. Scenario 1 The Cold River Board received signed contracts from all parents indicating that their students could participate in various outdoor activities on specific days. During the tobogganing trip an international student was hit by a snow board and hurt. Was the Board negligent?

24. Scenario 2 The Tumble Weed Board carried out criminal checks on all of their host families and once cleared required them to act as custodians for their home stay students. During the term a student indicates that her homestay father has abused her. Was the Board negligent?

25. Scenario 3 The Timber Bay Board has a student who has been with them for 2 years under custodianship. On his 18th birthday he decides to do some back country hiking with friends from another school without informing his institutional custodian. He falls and is paralyzed. Was the Board negligent? Can the custodian be held personally responsible?

26. Scenario 4 The Lone Wolf Board has signed an agreement with a school in China which stipulates that 20 students will come each year for 9 months of language training. One student has mental health problems that cause disruptive behaviour. The Board refuses to accommodate the student in its regular classes and demands that its partner repatriate the student. Is the Board negligent?

27. Individual liability • Are you personally liable if you make wrong decisions in your work? • Employer is vicariously liable for the actions of their employees for actions committed in the course of their employment.

28. Goodwill • isan intangible asset of an institution based on its reputation or relationship with others. • In the world of business goodwill can be given a monetary value but in our educational institutions the term goodwill is most likely to refer to the willingness to compensate another party in order to maintain a relationship even when the institution may not be responsible for the situation.

29. Statutory Obligations Obligations set out in various federal and provincial acts • Occupational health and safety act • Environmental standards • Federal Employment standards • Privacy of information • Access to information • Human rights • Insurance requirements • Duty to report child abuse • Liability as an occupier - statutory regulations which determine duty of owner/occupier

30. Contact Law What are your contracts? • Course calendar • Employee agreements • Terms of Participation • Partnership agreements • Brochures & advertising • Website contents • Job descriptions • Exchange application form

31. PART II: PUTTING RISK MANAGEMENT INTO PRACTICE IN INTERNATIONAL EDUCATION

32. Definition ‘Risk Management’ is a discipline for dealing with uncertainty. White, Patterson and Herman. 1998

33. Risk Management Goals • Meet moral and legal obligations re health and safety of participants – both international and study abroad. • Raise Awareness around Risks and Responsibilities of ”field activities” including community work. • Manage risks inherent in “field activities” and to deal effectively with emergencies.

34. Approaches to Risk Management • Risk avoidance • removes the risk factor by stopping all involvement in a certain activity. For example, home stay programs have a certain risk because of the institution’s inability to control the home environment into which students are placed. • Risk mitigation • changes the nature of the activity and/or its surrounding circumstances so that the risk is reduced or consciously managed. • Risk retention • means simply that the institution continues to offer an activity knowing that there are risks associated with it. • Risk transfer • is a commonly used means of managing risk. The institution transfers all or part of the responsibility for the care of the activity to another organization or service provider.

35. What tools do we have to protect us from liability? • Waivers • Informed consent • Terms of Participation & Code of Conduct • Indemnification • Disclaimers • Doing your duty – pre-departure orientation etc. • Education • Good will

36. Exercise Using the situations that have been handed out, please discuss the scenarios and describe how you would mitigate the risks involved.

37. Case Study 1 The Rumble Fish Board has a program that is failing to keep the students engaged especially after they become 18. The students are spending their time playing video games, skate boarding, associating with street people, and in some cases leaving the school and working at the local fast food restaurant. What steps can be taken to mitigate the risks the situation raises for the Board?

38. Case Study 2 From time to time a student must be removed from a program in the Red Pepper Board because of behaviour problems. When counseling and disciplinary action fail the student is placed on a plane and sent back home. The fear is that a student may not actually depart Canada but remain in the country illegally. There is also a concern that such actions will hurt the reputation of the school and possible incur legal action by the student’s parents. What steps can be taken to mitigate the risks that the situation raises for the Board?

39. Case Study 3 The Bucking Horse School Board has a spring field trip to Kanchanaburi in Thailand every year. This year all of the tickets and preparations were complete when the political unrest broke out. There is a flight directly to Kanchanaburi via Malaysia. The field trip site is not affected by the situation. In spite of the DFAIT warning should they continue with the trip using the alternate route? What steps can be taken to mitigate the risks of this situation happening again?

40. Case Study 4 The After Thought School Board has signed a Memorandum of Agreement with a school in Pakistan to receive 50 students per year for IB studies. After the first year it has become clear that both the students’ academic preparation and their English language competence are below what was stipulated in the memorandum. The partner sent documentation to the contrary. With the cost of the project escalating, the Board has decided to cut back on the student support in other areas to keep the profit margin secure. What does the Board risk in taking this course of action? How can these risks be mitigated?

41. Common-sense Tips For Promoting Safety In Study Abroad (Thomas Butcher, Grand Valley State) • Do the right thing. • Do something rather than nothing. • Consider what a reasonable person would do, and carry it out. • Consider what can go wrong, before a program/student departs/arrives. • Disclose the dangers of a program/destination. • Obtain signed waivers (informed consent). • Don’t adopt policies/procedures that you can’t/won’t enforce. • Prepare program directors and participants. • Involve/educate your campus

42. quic.queensu.ca/resource/ riskresponsibility.asp