Litigation or the tendency of
someone to sue in the event of an accident or injury has,
unfortunately, become commonplace. Organizations, officers,
administrators, and the college are all vulnerable. In this
litigious environment, you must be realistic about safety and loss
prevention practices. Be aware of the nature of your activities and
the inherent exposures which may give rise to personal injury,
property damage, or a lawsuit.
Risk Management is the practice of assessing the risks inherent in
a specific activity and implementing some controls which reduce the
potential for accidents and injuries to members and their guests.
Risk management should always take precedence over expediency and
shortcuts. All organizations that sponsor social events at St.
Norbert College are expected to have a risk management
policy.
There are five major factors that are often a leading cause of
litigation. Any one of these factors may be applicable to the
organization as a whole, the organization’s officers, or individual
members.
- Ignorance of the Law - This could be applicable to the student
organization that does not adopt a behavior code, reasoning that
when members are involved in hazing or sexually abusive situation,
it is not the responsibility of the organization. Of course, in
reality the entire organization, officers, or individual members
may be indicted.
- Ignoring the Law - Although the organization knows that serving
minors alcoholic beverages is illegal, they continue to violate the
law.
- Failure to Act - An organization that would allow a fist-fight
(possibly between non-members) to continue at a function could be
construed liable for the injury, because of their failure to take
some sort of action to curtail the behavior.
- Failure to Warn - An organization that sponsors an activity
that requires proper techniques for safe participation must inform
all participants of the inherent dangers involved.
- Expense - An organization fails to appropriate funds to insure
and maintain safety at an event or activity that they sponsor may
be liable in the event of an accident or injury.
Adopt and enforce a Risk Management
policy that addresses the following areas:
Alcohol and Drugs
- The possession, use and/or consumption of alcoholic beverages
in compliance with all applicable laws and rules of the state,
county, city, and college.
- Prohibit purchasing, selling, or serving alcoholic beverages to
minors.
- Prohibit purchasing alcohol with organization funds.
- Prohibit the possession, sale and/or use of illegal drugs or
controlled substances at any event or activity that an observer
would associate with the organization.
- Restrict the sponsorship of open parties.
- Prohibit “drinking games” at organization-sponsored
activities.
Hazing
Hazing is not just a Greek concern; all organizations should be
aware of the implications of using this practice. Hazing is illegal
and immoral. No one has the right to subject another person to
physical, psychological, or emotional abuse. The organization must
foster the protection of all members and potential members as a
cohesive group. Failure on the organization’s part to prohibit or
to tolerate hazing by its members is a criminal offense of all
officers and members of that organization.
Sexual Abuse
Every organization should address and educate their members on the
subject of sexual abuse. The organization cannot tolerate or
condone any form of sexually abusive behaviors on the part of its
members, whether physical, mental, or emotional. This includes any
actions which are demeaning to women and men, including date rape,
gang rape, or verbal harassment.
Fire, Health, and Safety
Regardless of who owns the premises on which your organization
sponsors an event or activity, you may be held liable if your are
negligent in the planning. This includes choosing a location for
your event that will accommodate the number of expected
participants. Another consideration is a safety inspection of the
facility by the officers, prior to the event, to investigate
potential hazards. An emergency plan should be considered for every
event; emergency numbers for fire, police and ambulance should be
available.
Education
Educate all members annually on your organization’s Risk Management
Policies. Review your policy periodically to insure current and
relevant procedures are added.
Having an organizational risk management policy, and implementing
it, goes a long way not only to reducing the possibility that
something unfortunate happens, but it will also help to protect you
in the event you do get sued. If you would like assistance in
putting this together, contact LSI, x4023.
[from the LSI Resource Series]
“F.I.P.G. Risk Management Policy.” Reflections. Mid-American
Interfraternity Council Association and Mid-American Panhellenic
Council Association. St. Louis, MO, 1989.
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