Student clubs and organizations have been a topic of concern
from a liability perspective for many years. Involvement in a wide variety of
activities ranging from sky diving to community gardens can result in a severe liability
exposure students and the University.
Clubs and organizations should approach risk management issues
pro-actively by providing the members with a way to evaluate the level of risk
involved Because liability protection
extended to individual employees,
officers, and agents is not absolute, it is impossible to
determine whether liability protection will exist for individuals involved in a
given specific student organization activity.
However, there are a couple of key factors and questions that should be
examined when looking at risk management and liability issues for any given
situation. By asking a few focused
questions, the advisor can assist the student club or organization in deciding
whether or not a particular activity involves an inappropriate level of risk
for the participants. These questions
will also assist in developing a strategy of how to respond if a situation does
occur.
1. Seriousness
of risk:
·
Could
the activity or event result in death?
·
Could
the activity or event result in severe injury, major property damage, or
significant financial loss?
·
Could
the activity or event result in minor injury, property damage or financial
loss?
·
Could
the activity or event result in minimal threat to safety, health and the
wellness of the participants?
2. Probability
that something will go wrong:
·
What
is the likelihood that an activity or event could result in something that will
go catastrophically wrong quickly or within a short period of time?
·
What
is the likelihood that an activity or event could result in something that will
go wrong in time?
·
What
is the likelihood that an activity or event could result in something that will
rarely go wrong?
3. Participant
knowledge of potential risk:
·
Does
the participant understand all of the potential risk factors involved with an
activity or event?
·
Has
the participant signed an assumption of risk form?
·
Has
the participant completed the emergency contact form or other appropriate forms
for travel?