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Managing Liability and Overseas Programs

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This series of essays is designed to educate and inform overseas study administrators, supervisors, counselors, and staff about the legal implications of decisions they make. Knowing the law and adopting preventive measures is the best way to cope with the law, prevent legal challenges, and reduce exposure.

Overseas program administrators often make or participate in decisions that can lead to litigation. For example, administrators who work with study abroad students develop working relationships with overseas and foreign institutions; counsel and advise students and parents; apply rules of conduct and enforce disciplinary standards; employ risk reducing strategies by using releases and waivers; and may be called upon to interface with the media in the unfortunate event of a crisis overseas. In sum, administrators significantly affect the effectiveness and exposure of the overseas study program.

Every year more college students participate in study abroad programs and in more challenging environments. Accordingly, overseas program administrators encounter various responsibilities involving the safety and well being of participants, the need to prevent exposure of the institution to liability, and to monitor all aspects of the program and campus and overseas personnel.

This manual on Managing Liability focuses on:

  • The Expanding Scope of International Programs

  • Organizational Relationships and Legal Exposure

  • Students and Off-Campus Misconduct

  • Extraterritorial Application of Federal Statutes

  • Sources of Liability

  • Orientation and Program Assessment

  • Risk Reducing Strategies

  • Duty of Advisors

  • Crisis Management and Media Relations

  • Releases and Participation Agreements

Each of these essays is presented with a common format: Overview, Application, and Preventive Planning. A Selected Bibliography follows each topic. Additionally, sample releases, participation agreements, a program checklist, and an orientation assessment are provided. A chart of federal statute applicability to study abroad programs is included.

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