Risk Management in Student Affairs

Student affairs staff at all types of colleges and universities need to be equipped to help manage risk and protect their institutions, the people they serve, and their resources from unintended consequences.Risk Management in Student Affairs: Foundations for Safety and Success helps practitioners understand the sources of risk in their work, and the practices and strategies they can employ to help mitigate that risk.

Written for those without legal training, the book is accessible to new and mid-level professionals as well as students preparing to enter the profession. It teaches how to limit, control, and respond to risk in order to protect oneself and one's institution. The book covers all aspects of risk management in higher education, including:

• Tort liability (such as damage due to negligence, accidents on campus, injuries resulting from alcohol use, and incidents during study-abroad trips)
• Contracts (such as off-campus incidents, contracts for events and activities, and employment and disciplinary issues)
• State and federal violations (including the freedoms of speech, religion, and the press, search and seizure, due process, OSHA, Title IX, FERPA, and ADA)
• Resource protection (including information and data security, facilities, financial resources, and physical environments)

Managing risk is an integral part of the work of student affairs, and the ability to manage risk well can save time, money, and personnel at a time when resources can be scarce. Whether you work in a public or private institution, and whether you manage personal or institutional risk, no other book addresses risk management within higher education in such a focused, comprehensive manner.

THOMAS E. MILLER is vice president for student affairs and associate professor in the College of Education at the University of South Florida. He is coauthor ofPromoting Reasonable Expectations, from Jossey-Bass.

ROGER W. SOROCHTY is vice president for enrollment and student services at The University of Tulsa.

Preface vii

Acknowledgments xi

PART ONE FRAMEWORK 1

Chapter 1 Differences Between Public and Private Institutions 3

Chapter 2 Personal Versus Institutional Risk Management 11

PART TWO THE U.S. CONSTITUTION 17

Chapter 3 The First Amendment 19

Chapter 4 The Second Amendment and The Fourth Amendment 29

Chapter 5 The Fifth Amendment 37

PART THREE REGULATORY CHALLENGES 43

Chapter 6 Federal and State Regulations 45

Chapter 7 Discriminatory Practices 57

Chapter 8 Private and Voluntary Organizational Regulations 63

PART FOUR TORT ISSUES 69

Chapter 9 Student Activities and Events, Risk Levels, Supervision 71

Chapter 10 Hazing and Student Organizations 83

Chapter 11 Alcohol and Drugs 95

Chapter 12 Counseling and Helping Services 107

Chapter 13 Providing a Safe Environment 115

PART FIVE CONTRACTS 127

Chapter 14 Off-Campus Incidents and Behavior 129

Chapter 15 Contract Management 135

Chapter 16 Employment Issues 145

Chapter 17 Staff Development and Training 157

Chapter 18 Student Discipline Systems 165

PART SIX RESOURCE PROTECTION 175

Chapter 19 Information Technology: Data Protection 177

Chapter 20 Facilities 187

Chapter 21 Money Management Practices 197

Chapter 22 Physical Environment: Disasters and Crises 209

PART SEVEN SUMMARY 219

Chapter 23 Promising Practices and Conclusion 221

Annotated Resources 233

About the Authors 235

Index 237