Catholic UniversityLegal Issues Abroad 2014

Agenda• Risks• Common Risks• Negligence• Intentional Harms and Crimes

• Risk Prevention• Best Practices• Laws to Know• Foreign Nationals• Insurance/Trips to Dangerous Areas• University Policies

Common Risks• Transportation• Single greatest threat to travel or safety

overseas• Conflict of laws and customs• Ex: death penalty for drug convictions in

certain countries• Drugs and Alcohol• Alcohol is an ingrained part of culture

in certain countries• Mental health/Psychological problems• Inadequate Health or Safety Standards• Foreign Hostility

Negligence• One of the largest legal risks for Universities

abroad• Negligence can occur when there is a failure

to use common sense, exercise good judgment, or act as a reasonably prudent person

• No consistent standard has been applied regarding what duties are owed by institutions of higher education abroad• BUT, recent court decisions have found

that a “duty of care” for the University arises where the institution should reasonably foresee risk of harm materializing out of its actions or omissions

Negligence Standard

Examples of Potential Negligence• Where the University could reasonably

foresee a risk of harm:• Vendors/Independent Contractors • Bus Companies• Tour Guides

• Housing• Poor Infrastructure• In High Crime Areas

• Bringing Students to an Unsafe Situation• Medical Clinic or Restaurant• Area with Violence or Anti-

American sentiments

Examples of Potential Negligence Cont.• Allowing Students to Participate in an

Unsafe or Unreasonably Dangerous Activity• No Proper Training or Orientation• Especially if Students are Left Alone for

Part of the Trip• Not Having Proper Resources in Place

for Students• No Emergency Response Plans

• Inadequate Supervision

Intentional Harms and Crimes• Same harms and crimes that occur on

campus• For example: robbery, sexual harassment,

sexual assault, assault, arrests (liquor/drug law violations), illegal weapons possessions• New Crimes for Clery purposes: stalking,

domestic violence, dating violence and an expansion of the definition of “hate crimes” • See Clery Slide for reporting

requirements

Risk Prevention• Waivers!• Insurance (See Insurance Slide)• Check State Department for Advisories and

Register• ASIRT (Association of Safe International Road

Travel) for Advice on Travel Routes and to give to Students Traveling Alone• Due Diligence• For Vendors, Independent Contractors,

Housing, and Any Other University Recommended Activities

Risk Prevention Cont.• Training for Emergency Situations• Emergency Response Plan and Practice• Emergency Information given to Students

• Student Onsite Orientations• Make sure students understand that any

independent travel or activities is at their own risk/expense

• Know Best Practices• Follow University Policies and Procedures• Always Contact CUAbroad with Any

Questions• Know the Students and Any Unique Issues

• Standards for managing a crisis• Develop and maintain extensive crisis

management protocols• Trained, experienced and tested team• Local management plan in place for each

site• Train all staff, faculty & students on plan• Monitor news and consular alerts for risks • Respond immediately when a crisis

occurs

IES Abroad Best Practices

IES Abroad Best Practices Cont.• Communicate swiftly, effectively and

accurately with parents, students, and DPS• Partner with global health and safety

group. Conduct post crisis review• Designate a trained spokesperson • Build redundancy into plan • Entire IES document online at:

http://counsel.cua.edu/security/ publications/index.cfm

Emergencies• In the event of an emergency, after

contacting (as needed) local authorities, fire, or medical personnel, contact the Department of Public Safety at 202-319-5111• If medical emergency, also contact

Frontier MedEx

Laws to Know• Title IX • Prohibits Discrimination on Basis of Sex in

Educational Programs and Activities• Discrimination on the Basis of Sex can

Include Sexual Harassment and Sexual Violence

• Program Directors Report Complaints of Harassment to CUA EO Officer, Lisa Wood, at 202-319-6594 or woodlm@cua.edu

Laws to Know• Americans with Disabilities Act (ADA)• The ADA, under certain circumstances,

Prohibits Discrimination against Individuals with Disabilities

• Ideally, Students Identify the Need for Accommodations through Disability Support Services (DSS) Prior to Departure

• If Disability is Brought up while Abroad, or if there are any Questions, Refer to DSS at either 202-319-5211 or cua-disabilityservices@cua.edu

Laws to Know• Clery Act (Campus Security Act)• Law that Mandates the Reporting and

Disclosure of Certain Crimes that Take Place at Specific Locations (Including Overseas)

• What Crimes Must be Reported?• Homicide • Sex Offenses,

Forcible or Non-Forcible

• Robbery• Aggravated

Assault• Burglary• Arson

• Motor Vehicle

Theft• Alcohol,

Drugs, and Weapons

• Domestic violence, stalking, and dating violence

• Hate crimes

• Where Must Crimes Occur to be Reported?• When Abroad, All University Owned or

Controlled Property • Controlled Property: Means the University rents,

leases, or has some other written agreement. • Crimes must be included as long as the

property is Used by the Program on a regular basis BUT only for the time period in use by the program.

• If the specific program does not own, control, or lease property abroad (the program is taught and housed by a third party) then there are no reporting requirements

Clery Cont.

• Program Directors are Campus Security Authorities for Clery Purposes

• Security Authorities must report crimes that occur abroad to Dept. of Public Safety

• Report to Captain Kim Gregory: gregoryk@cua.edu

Clery Cont.

Laws to Know• Family Educational Rights and Privacy Act

(FERPA)• Protects Student Education Records• Student must consent for CUA to release

education records to a third party, with certain exceptions

• Directory information (i.e. name, address, photo) may be released without permission of the student unless the student has specifically told the University

• College officials with a legitimate educational interest in the record may have access to the record

• In a health or safety emergency, FERPA does not prevent release of necessary data

Laws to Know• Health Insurance Portability and

Accountability Act (HIPAA)• Protects Student Medical Records• If Health or Medical Records are

Maintained and Used for Purposes Other than Medical Treatment and Disclosed to Third Parties that are not Medical Providers, the Records are Education Records and Protected by FERPA• HIPAA Exception Allows Two Medical

Providers to Exchange Treatment Information

• The U.S. government has a number of laws that deal with relations with foreign nationals

• If you have any questions or are unclear, please contact the Office of General Counsel for guidance (202) 319-5142• Payments to Foreign Nationals (See Non-

Resident Alien Payments and Honoraria Policies)

• Gifts to Foreign National (FCPA - Contact OGC)• Sharing Information with Foreign

Nationals (Export Control – Contact OGC)• For more export control resources, see

http://counsel.cua.edu/fedlaw/EAA.cfm

Dealing with Foreign Nationals

• The University has purchased comprehensive insurance for individuals going abroad• Includes medical, accidental death,

dismemberment, security/evacuation, and other protections

• In certain situations, there are exclusions to the insurance coverage• For example, the security/evacuation provision of

the insurance does not apply if an individual chooses to go to a country with certain State Dept. warnings

• Consult the Abroad Office or OGC with any questions

University Insurance

• University sponsored trips to high risk areas, as determined by the State Department, are generally not approved• Exceptions are possible but require the approval

by the proper University representative• Students traveling independently are on

their own• While traveling independently, students are

responsible for any injury, loss, and expenses

Trips to Dangerous Areas

• University Policies Apply Abroad• Reasonable Accommodations (ADA)• Contract Approval and Signatory Authority• Global Education• Student Records• Sexual Misconduct and Sexual Harassment• Travel

University Policies to Review

• When in Doubt, Always Ask Questions and Report it to the University• Solving Potential Issues is Much Easier than

Fixing Mistakes• Our office contact is 202-319-5142 or Feel

Free to Email me at goldschmidts@cua.edu• Have a Great Trip!

Reminders