Risk Management in Student AffairsFoundations for Safety and Success
A comprehensive, accessible guide to the policies and practices of risk management in higher education 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.
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
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 of Promoting Reasonable Expectations, from Jossey-Bass. ROGER W. SOROCHTY is vice president for enrollment and student services at The University of Tulsa.
THE ESSENTIAL HANDBOOK FOR MANAGING RISK ON CAMPUS Praise for Risk Management in Student Affairs “An informed understanding of proactive risk management is an essential skill for any successful student affairs professional. Risk Management in Student Affairs provides a compelling and thorough review of the topics and will be a ‘must-have’ source book for the libraries of all student affairs professionals.” —William L. Kibler, vice president for student affairs, Mississippi State University “Written by experienced administrators for administrators and those preparing to become administrators, the authors have provided an excellent, general, and non-legalese guide to decision making related to managing the risks associated with working in student affairs in higher education. This is a useful and powerful resource that should be required reading.” —Donald D. Gehring, professor emeritus and founder, Association for Student Conduct Administration “Managing risk is an essential skill for all student affairs administrators. This book articulates without undue legalese the necessary foundation to acquire this proficiency.” —Cary Anderson, vice president for student life and associate provost, Saint Joseph’s University “At last, a book that summarizes all the potential risk arenas student affairs practitioners must work in every day. Most important, it provides insights on what we need to know while maintaining our roles as educators. This insightful volume presents in understandable language the attitudes, approaches, and actions student affairs practitioners should follow to avoid litigation.” —Frank P. Ardaiolo, vice president for student life and associate professor, Winthrop University; former chair, ACPA Commission on Campus Judicial Affairs and Legal Issues
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