Liability and Risk Management: Managing Emergencies Abroad

The President of Cal Poly State University charges the Director of International Education and Programs with the responsibility of coordinating the management of emergencies affecting participants in study abroad programs which Cal Poly sponsors. The California State University (CSU) Risk Management Policy (CSU Executive Order 715) addresses recommended practices for all off-campus activities including the development and operation of study abroad programs.

Cal Poly students can, and occasionally do, run into severe difficulties that bring about a crisis situation for them, for the overseas program, and ultimately for their parents and Cal Poly. This can become a daunting situation for a Resident Director with all of the variables involved and the challenge of trying to communicate long-distance. It is often difficult to get accurate information even when in close proximity to the crisis situation. There is great potential for confusion and faltering actions. Individuals in charge may not be informed immediately, or may not have complete information, especially in the case of an individual crisis, or if students are separated from each other. Telephone calling cards and e-mail allow program participants to contact their family or friends first. It may take a while before the program director becomes fully informed of the incident.

The crises that affect Cal Poly students require a response in at least two locations: where they occur overseas, and in the U.S., on the home campus. Perhaps the most critical information that needs to be gathered and shared between domestic and overseas staff is the range of skills and services that are available on site. Once all information has been gathered, Cal Poly’s Crisis Response Team should
meet and implement its crisis management action plan.

CONDITIONS REQUIRING CRISIS MANAGEMENT:

1. Serious illness, injury or death;
2. Emotional or psychological stress that requires professional attention;
3. Being the victim of a crime (i.e. large theft amount, assault, rape, harassment, etc.) or being accused of committing a crime;
4. A situation in-country that causes serious concern, e.g., a political uprising or natural disaster;
5. Any situation that is deemed threatening to the health and safety of the Cal Poly group abroad.
   

KEY ELEMENTS OF CRISIS PROTOCOLS:

1. Clear delineation of authority to act
2. Clarification of roles of various staff and Crisis Response Team
3. Actions to be taken according to circumstances
4. Person(s) designated to contact parents, if necessary
5. Person(s) who speak on behalf of the university regarding the crisis, if necessary

The Resident Director should review the following resources prior to international travel:

• The Crisis Management Plan and Crisis Response Plan Flow Chart should be reviewed prior to departing the U.S. and should be accessible to the Resident Director while conducting the overseas program.
• The Risk Management Checklist for Faculty-led Programs
  

COMMON SENSE GUIDELINES FOR REDUCING LIABILITY

1. The best “preventive defense” is clear and definitive information prior to departure. Are there inherent risks on the program? If so, please tell participants – in writing – and have them sign a form indicating that they have read this information.
2. Are the institutional role and responsibilities clearly defined? Be sure to provide these points in writing and require that participants sign a form indicating that they have read and understand the information.
3. Keep the institutional responsibility to a minimum. Do not promise “the moon” because the more responsibility you accept, the more liable you become (i.e. “in loco parentis”).
4. Insist on CSU Healthlink health and accident insurance.
5. Be very familiar with the emergency response mechanism and resources that are in place.
6. Take reasonable steps to assure that those who have problematic disciplinary or personal records not be allowed to participate in the program (study abroad participation is a privilege, not a right).
7. Resident Director and faculty should model good judgment with regard to alcohol use. Alcohol may not be purchased with Cal Poly / CSU Funds for personal or group events.
8. Faculty should follow all standard CSU regulations concerning behavior with students, even if the setting is outside the classroom. It is vital that faculty exercise great care and judgment in dealings with students. Matters of particular concern are any violation of trust or of the privacy of the students by unauthorized sharing of information; any act which is, or could be construed as sexual harassment; or any discriminatory act reflecting prejudice based on sex, age, race or religious belief.
9. Prior to your departure, you should register the program participants with the nearest U.S. embassy or consulate through the State Department's Travel Registration website . Registration will make your presence and whereabouts known in case it is necessary to contact you in an emergency.