Program Leader Training: Content, Delivery and Legal Implications

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Program Leader Training Content, Delivery and
Legal Implications
Julie Friend, J.D.
MSU Professor Jerry Urquhart with students in the
Pipeline National Rainforest, Nicaragua
MSU Professor Paul Roberts with students in
Chichén Itzá, Mexico
OSA Associate Director Cindy Chalou with students
in Cape Town, South Africa
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friendju_at_msu.edu
London
International Analyst for Travel Health, Safety,
Security

• OSAC Executive Council
• NAFSA Health Safety Subcom.
• Workshop Presenter
• Curriculum Reviewer

N. Ireland
Israel
Nicaragua
India
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Agenda

• OSA/MSU Overview
• OSA at MSU
• OSAs International Analyst position
• MSUs 24/7 Emergency assistance program
• Program Leader Mandatory Training
• Start-up challenges
• Essential subjects
• Assessment
• Overall Resources

Australia
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Overview
Nepal
2007-08

• 250 programs
• 60 countries
• 3200 students
• 20 OSA employees
• 500 MSU faculty

• Long tradition of faculty support and
  involvement
• Strong Emphasis on Health Safety
• 24/7 international emergency hotline
• Emergency preparedness training
• Leadership in risk questions/education
• Three levels of crisis management

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Duties of Analyst
Other Institutions with Similar Positions
Univ. of CaliforniaUniv. of MinnesotaBrigham
Young Univ. School for Field StudiesPenn State
Univ.

• Assist in the interpretation and
• development of University policies, procedures
  and practices related to faculty, staff and
  student travel abroad, with special emphasis on
  risk analysis, emergency preparedness, and crisis
  management.

• 88 Total Incidents Summer 2008
• 40 medical incidents
• 26 safety or security incidents
• 7 behavioral incidents
• 15 others categorized as
• logistical, administrative, or legal

• Serve as MSUs first responder to all crises
  abroad, including after-hours calls into the 24/7
  International Emergency Assistance hotline.

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Are you prepared?
London 7/05 file photo, BBC.
Chengdu, China 5/08
Jaipur 5/08 file photo, BBC
Gaza, 1/09 file photo, UKs Daily Mail
Georgia, 8/08 file photo, BBC
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Risk Assessment

• What types of travel are you supporting??
• Faculty-Led
• Internships Abroad
• Direct Enrollment
• Provider
• Independent Research
• U-operated Study Centers

Andrea Funkhouser, Advisor, College of Social
Science, making a friend in Nepal

• If it isnt credit bearing, it may not be study
  abroad, but it still may be university-sponsored
  travel.
• Short-term faculty-led program pose the highest
  risk.

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When leaders or institutions
Problems Result
This may leads to claims of

• Facilitate dangerous activities or experiences.
• Express indifference to, dismiss, or ignore known
  risks.
• Perform an expected reasonable responsibility
  in a negligent fashion.
• Dictate rules they dont actually enforce.

• Sexual harassment and/or sexual assault
• ADA violations
• Negligence

Italy
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Mandatory??
Startup Challenges

1. No perception of need
2. Lack of time/interest
3. Lack of authority
4. Lack of staff and resources to provide the
   training

Argentina
Australia
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Convincing Factors

• Possible cost savings on overall institutions
  insurance policy.
• Good public relations.
• Greater role awareness in a crisis situation.
• Better adherence to university and study abroad
  policies.
• Consistent and appropriate emergency response.
• Lawsuits experienced by other institutions.

Mexico
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Convincing Factors

• Six female students enrolled in a large public
  institutions short-term study abroad in South
  Africa reported recurrent incidents of harassment
  by three male students, including the graduate
  assistant. After repeated, failed attempts to get
  the faculty leader involved, the females left the
  program early, and sued under Title IX (King).
• A wheelchair-using student from a small, private
  college in Oregon claimed she was denied
  accommodations during her faculty-led study
  abroad program in Australia. She was unable to
  participate in all activities and had to be
  occasionally carried because alternate forms of
  transportation were unavailable (Bird).
• A female student from a small, private
  Pennsylvania college participated in a 3-week
  traveling program to Peru. During the program,
  she became too ill to travel further, so the
  three faculty leaders left her at a Cuzco clinic
  in the care of a missionary. The clinic prevented
  her from contacting home or transferring to a
  facility in the capital city. After receiving
  unnecessary surgery, she was sexually assaulted
  by medical staff while under local anesthesia
  (Faye).

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Communicating It

• Provost/President
• Risk Management
• General Counsel
• Deans/Chairs
• Study Abroad Director

By making it part of a universitys commitment to
student health and safety, no one office cant be
blamed for making employees do more work.
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Enforcing It

• At MSU, we record leaders attendance at training
  in our program database. If they do not complete
  the training requirement, they do not receive
  their advance or travel authorization.

• Other institutions report withholding pay or
  releasing the leader from their leadership role.

Panama
Nicaragua
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Delivering It
Formats To Follow

• Written handbook
• On-line resources
• On-line PowerPoint tutorial
• 1-2 hour presentation
• Pre-departure staff/faculty orientation
• Half-day workshop
• Off-campus retreat
• (one day or more)

Nicaragua
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MSUs Outline

• Overview of Resources
• General Emergency Preparedness
• Health Assessment Review
• Pre-departure
• Upon arrival
• Responding to Emergencies
• 24/7 Intl Emergency Assistance Line
• Medical emergencies
• General emergencies
• Discipline problems
• Liability overview
• OSA Responsibilities in a Crisis
• Assessment

Ireland
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Essential Subjects

• Inform your leaders about available study abroad
  materials
• Student and/or leader handbooks
• Your web sites (should mirror handbook)
• Health clearance policies

Panama

• Role of leader outside class
• Is he/she on-call 24/7?
• Will he/she drive students in personal vehicle?
• Will he/she engage in alcohol consumption?
• How will he/she handle parents?

Nicaragua
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Subjects, cont.

• University policies applicable abroad
• Faculty/staff employment agreements.
• Safety policies/protocols (may include NAFSA or
  underwriter principles).
• Applicable codes of student conduct, policies
  and/or procedures.
• Drugs, alcohol, behavior
• Explicit instructions on how to monitor, react
  to, and address such policies.

England

• Federal statutes that may be applicable
• Title IX Prohibition Against Discrimination
  Sexual Harassment
• Federal Education Rights Privacy Act
• Americans with Disabilities Act
• Drug-free Schools Campuses Act

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Title IX Trouble

• Spending any time with an individual student
  ALONE in his or her residence.
• Holding office hours in a hotel room or local
  residence.
• Using sexually-charged language to describe
  unwarranted dress (such as no sexy clothing).
• Not taking a sexual harassment claim seriously,
  or having an effective reporting mechanism.
• Permitting colleagues or other students in your
  control to behave in an inappropriate manner.

India
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ADA Violations

• Making a statement such as "Students with any
  medical or physical conditions that might pose a
  danger to themselves or the group in
  high-altitude, remote situations will not be
  accepted."
• Engaging in subtle discourage-ment of students
  with disabilities.
• Assuming a student is indifferent to the
  challenges that they may face abroad.
• Expressing discontent about having to deal with
  mental problems.

Australia
Exaggerating an ability to provide the same
accommodations abroad.
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Negligence
Kenya

• Hiring a disreputable transportation provider,
  allowing them to stick to a schedule or route you
  know to be unsafe, traveling at night, or not
  inspecting vehicles.
• Having rules, policies, or procedures that you do
  not follow.
• Failing to conform to standard safety practices
  for the activity, not just the country.
• Expecting experts in one field to be experts in
  another.
• Dismissing safety alerts and warnings from
  reputable sources, without review and
  documentation.
• Assuming program leaders know the right thing to
  do.
• Not requiring intl medical insurance.
• Not having (someone) available 24/7.
• Practicing medicine without a license.

• Not having a health review process, or failing to
  protect a students medical privacy.
• Not having workable emergency and communication
  plans.
• Not having access to a lot of money fast.

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Emergency Prep.

• Pre-departure
• Questions regarding vaccinations heath concerns
• Students with disabilities or disclosed
  pre-existing conditions
• On-campus orientation
• Faculty handbook
• Cell phone requirement
• Program finances
• Country information sheets
• On-site contact information
• Crisis communication plan

Costa Rica

• What to Take Abroad
• Faculty Handbook
• Cell Phone (do not pack)
• Wallet Guide
• First Aid Kit

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Provide Definitions

• Defining General Emergencies Anything
  newsworthy regardless of its impact on students
  or programs
• Terrorist Bombing (London 05)
• Armed Conflict (Israel/Lebanon 06)
• Foiled Terrorist Plot (London 06)
• Military Coup (Bangkok 06)
• Widespread Riots (Budapest 06)
• Protests/Civil Unrest (Bangladesh 06)
• Foiled Terrorist Attack (London 07)
• Terrorist Explosion (Glasgow 07)
• Terrorist Attack (India 07)
• Earthquake (Peru 07)
• Hurricanes (Central America 07)
• Earthquake (New Zealand 07)
• Bhutto Assassinated (Pakistan 07)
• Earthquake (China 08)
• Armed Conflict (Georgia 08)

• Defining Medical Emergencies any hospitalization
  no matter how brief
• Rape or sexual assault
• Severe food poisoning
• Severe allergic reaction
• Anything of a psychiatric nature
• Any incident involving injuries
• or potential injuries
• Bar fights, sports/leisure accidents,
  slip-n-falls, etc.

Kenya
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Crisis Preparation

• Safety or security emergencies
• Acts of terrorism
• Natural disasters
• Student missing, arrested, victimized
• Medical emergencies
• Hospitalizations
• Life-threatening injury/condition
• Animal/insect bites
• Pre-existing conditions
• Mental health
• Financial emergencies
• Currency devaluation
• Change of itinerary
• Leader or student loses all money or access to
  money
• Discipline emergencies
• Must provide guidance/steps

China
Italy
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Emerg. Comm. (1)

• Make the information easy to read and follow

May 20-27 Tokyo Hotel Asia Center of
Japan 8-10-32 Akasaka Minato-ku, Tokyo 107-0052
JAPAN Phone [phone] Fax
011-81-334-02-0738
May 16-30 London Generator Hostel London Compton
Place (off 37 Tavistock Place) London WC1H 9SE,
UK Phone [phone]
May 11-June 23 Dhaka ACI Baobab Center Villa
509, Sicap Baobab BP 5270 Dakar Fann
SENEGAL Tel [phone] Fax
011-221-824-07-41 Email kgiuliano_at_acibaobab.org
Record the phone numbers as if you were dialing
from the States, and include the 011
international dialing code
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Emerg. Comm. (2)

• Reaching someone stateside 24/7
• Tell leaders, when, where, and how to call you.
• Make it easy fund the phone.

Student Card
Program Leader Card
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Emerg. Comm. (3)

• Faculty and staff leaders must
• Secure safe location or treatment facility.
• Contact or respond to directions of local
  authorities. For medical emergencies, also
  contact INSURANCE PROVDER.
• Notify HOME CAMPUS/CONTACT of your location and
  status.
• Call XXX-XXX-XXXX (during business hours)
• or XXX-XXX-XXX (24 hours)
• Wait for further instructions from __________.
• Communicate instructions/information to students.
• Maintain communications with _________.
• Note that e-mail may be the best form of
  communication, so use and check e-mail often
  during a crisis, particularly if it is
  widespread.
• Email us at ____________________________.

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Emergency Prep.

• Arrival Protocols
• Account for no-shows
• Record emergency information
• Share known risks
• Convey cell numbers
• Create communications tree
• Implement buddy system
• Create an emergency action plan

Argentina
Australia
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Emergency Action Plan

• Discuss the potential crises that could occur in
  your area.
• Agree on when and how to check in if an emergency
  occurs.
• Designate a primary and secondary meeting place.
• Report your status to home campus.
• Require students to check-in with home.
• Designate a student leader in case faculty is
  incapacitated or unavailable.
• If there is only one leader, identify an on-site
  contact person for before departure.

South Africa
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Discipline

• Define discipline problem
• Share violation protocol
• 1st - Oral Warning (and e-mail OSA)
• 2nd - Written Warning
• 3rd dismissal
• Egregious violations allows for
• immediate dismissal

Japan

• Ask to be informed ASAP
• Have template letters

Italy
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Using Insurance
Verify a complete emergency medicine insurance
policy and who will advocate on behalf of the
student.

• Communicate whose is responsible for talking to
  various audiences.
• Other students, parents, university officials,
  media, State Department, insurance provider, etc.
• Leaders should always have provider contact
  information and contract number available.
• In places where care can be suspect, seek
  facility referrals in advance, and include in
  your EAP.

• Get provider involved in medical emergency as
  soon as possible.
• Adhere to guidelines and require written incident
  reports.
• Remind all to take good notes.
• De-brief and revise protocol.

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Non-emerg. Care
Korea

• Who takes the responsibility when a student needs
  non-emergency medical attention?
• What if translation or monitoring is needed?
• Is there a facility or physician referral from
  your insurance provider (or the local U.S.
  embassy or consulate)?

Mt. Kilimanjaro, Tanzania

• Does your insurance program cover non-emergency
  care?
• Are students/faculty prepared to cover
  out-of-pocket costs?

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Road Travel

• Public Transportation vs. Private Transportation
  vs. Taxis vs. Bus or Boat
• What are the potential hazards of each? How will
  you assess these?

• Resources
• Association for Safe International Road Travel
  (ASIRT) http//www.asirt.org
• Local contacts
• Local government resources

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Other Subjects

• Special considerations for activity-intensive
  programs
• Additional training or protocols for
  rural/field-based programs
• Employee liability and/or medical insurance
  coverage

India

• Activities not covered by
• insurance policy (exclusions)
• Scuba diving, bungee jumping, parachuting?

Australia
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We are seeing more students with
Trends

• Troubling judicial records
• Pre-existing health conditions
• Some face complications abroad are not
  prepared, or are inattentive to their own needs
• Most have successful, trouble-free experiences
• Inadequate pre-departure preparation
• Indifference to risk
• Violent, armed attacks in developing countries

We are also responded to more loss and theft than
in previous years
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TEST THEM
What is wrong here?
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Off-campus
Resources
On-campus

• Risk Management
• General Counsel
• Judicial/Student Affairs
• University Physician
• Health Clinic
• Police/Security
• Disability Services
• Human Resources
• Registrar
• Counseling Center
• Intl Student Services
• Area Studies Centers

• Organizational
• Governmental
• Institutional
• Associations
• Private Agencies
• Conferences
• Publications

India
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References

• King, et al. v. Eastern Michigan University, an
  unpublished case.
• King v. Bd. of Control of E. Mich. Univ., 221 F.
  Supp. 2d 783 (E.D. Mich. 2002).
• Jeffery R. Young, When Trips Abroad Go Bad A
  Recent Ruling Extends Sex Discrimination
  Protections Beyond U.S. Borders, The Chronicle of
  Higher Education, October 4, 2002 at A49.
• Bird v. Lewis Clark College, 104 F. Supp. 2d
  1271, 1273 (D. Or. 2000), affd 303 F. 2d 1015
  (9th Cir. 2002).
• Fay v. Thiel College, 200 WL 1910037 (Pa.Com.Pl.
  2001)
• Compare to McNeil v. Wagner College, 667 N.Y.S.2d
  397 (N.Y. App. Div. 1998).

Nepal
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• Joy is worth a little risk

Italy
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