Risk Management Presented by Sean P Callan Esq

Risk Management Presented by: Sean P. Callan, Esq.

WHAT EVERY GREEK LEADER NEEDS TO KNOW!

The REAL Animal House

Alpha Chi Alpha

AGENDA u Risk Management Principles u Risk Reduction Policies u Risks to Collegians • • • Alcohol Abuse/Drug Use Hazing Physical Structure/Security u Officers’ Liability/Insurance

RISK MANAGEMENT

WHAT IS RISK MANAGEMENT? n: The process of assessing risk and acting in such a manner, or prescribing policies and procedures, so as to avoid or minimize loss associated with such risk.

What is Risk Management u Avoid u Reduce u Transfer u Accept

RISK AVOIDANCE

WHAT ARE THE RISKS? u Alcohol abuse/drug use u Hazing u Fire and Security

Policies u National Policies u FIPG – Fraternal Information & Programming Group – – – 88 members Men’s and women’s groups Generally form framework for all Greek letter group risk management policies

Policies – FIPG Alcohol & Drugs 1. Use of alcohol during sponsored event, or an event an observer would associate with the organization, must comply with law and comply with BYOB or Third Party Vendor guidelines. 2. No use of chapter funds to buy alcohol; no bulk/common source purchases (kegs)

Policies – FIPG Alcohol & Drugs 3. No open parties – unrestricted access by non-members where alcohol is present 4. No providing alcohol to minors 5. No illegal drugs or controlled substances

Policies – FIPG Alcohol & Drugs 6. No co-sponsor of event with a bar or tavern 7. No co-hosting with other chapters where alcohol is present 8. All rush/recruitment must be alcohol free

Policies – FIPG Alcohol & Drugs 9. No drinking games – pong, century club, drink your age, liar’s dice/poker, etc. 10. No alcohol at bid night, big-littles, family nights, initiation or any other pledge/new member events

Policies – FIPG Hazing HAZING is PROHIBITED in all forms!

ALCOHOL a few numbers u Death: 1, 825 college students between the ages of 18 and 24 die from alcohol -related unintentional injuries, including motor vehicle crashes (Hingson et al. , 2009). u Injury: 599, 000 students between the ages of 18 and 24 are unintentionally injured under the influence of alcohol (Hingson et al. , 2009). u Assault: 696, 000 students between the ages of 18 and 24 are assaulted by another student who has been drinking (Hingson et al. , 2009). u Sexual Abuse: 97, 000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape (Hingson et al. , 2009). u Unsafe Sex: 400, 000 students between the ages of 18 and 24 had unprotected sex and more than 100, 000 students between the ages of 18 and 24 report having been too intoxicated to know if they consented to having sex (Hingson et al. , 2002). u Drunk Driving: 3, 360, 000 students between the ages of 18 and 24 drive under the influence of alcohol (Hingson et al. , 2009).

ALCOHOL Alcohol Abuse and Dependence: 31 percent of college students met criteria for a diagnosis of alcohol abuse and 6 percent for a diagnosis of alcohol dependence in the past 12 months, according to questionnairebased self-reports about their drinking (Knight et al. , 2002).

Common Accidents/Incidents u Someone left to “sleep it off” u Falls u DUI/OVI

ALCOHOL

Underage Drinking Providing Alcohol u Criminal Liability u Felony in some states – – Psi Upsilon – 17 year old recruit Tabard – undercover operation u Florida –misdemeanor – jail and fine u Florida “open house party” – criminal liability for hosting party where minors drink

Underage Drinking Providing Alcohol u Civil Liability – By statute, you are RESPONSIBLE for all damage caused by minor you serve directly – By statute, you are RESPONSIBLE for all damage caused by minors at “open house party”

Respect Neighbors and Hosts

Know Your Risks u u Most dangerous nights… – Bid night – “Bigs” night – Initiation 70% of lawsuits filed by chapter members…

LEGAL DEFINITION OF HAZING Any action taken or situation created, whether on or off any school, college or university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student….

Matthew Carrington

LEGAL DEFINITION OF HAZING Any action taken or situation created, whether on or off any school, college or university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student….

JAIL u One year u Six months

PADDLING

Paddling can be “Serious Bodily Harm”

Felony Conviction

Off to Prison

Whitney Miller

Sadie Green

Utah State

Michael Starks

Carson Starkey SAE – Cal Poly

All Served Time

Scott Krueger FIJI - MIT

George Desdunes SAE - Cornell

. “Look at me, ” he said. “I was Student Senate president and a straight-A student, and I wound up in prison for two years for a stupid tradition. ”

"I did what I did out of a misguided sense of building brotherhood…. I will live with the consequences of hazing for the rest of my life, My actions killed a good person, and I will be a felon for the rest of my life…. .

Know Your Risks u u Most dangerous nights… – Bid night – “Bigs” night – Initiation 70% of lawsuits filed by chapter members….

Criminal Liability for Officers Is there a higher duty?

ABSOLUTELY!!

Phi Kappa Tau Rider University

Big/Little Night

Phi Kappa Tau President Michael Torney Rider University

Accessory A person who aids or contributes in the commission or concealment of a crime.

Accessory Before the Fact (Accomplice) An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed.

Accessory After the Fact An accessory who was not at the scene of the crime but knows that a crime has been committed and who helps the offender try to escape arrest or punishment.

Obstruction of Justice Interference with the orderly administration of law or justice, as by giving false information to or withholding evidence from a police officer or prosecutor….

CAN I BE SUED?

Once again, YES!! u u u President - $250 K Big Brother - $250 K Pledge Trainer - $250 K All other officers - $50 K each On top of $850 K from local On top of $6 million from MIT

Once again, YES!!! u Haithem Ibrahim u Big Brother to Carson Starkey – Cal Poly u $500, 000

Damages 40 year work life X $50, 000 per year _______ $2, 000

Am I Insured? u Officers are generally NOT liable for the unauthorized actions of individual chapter members or the chapter as a whole! – (though there are exceptions – see Rider) u Officers ARE insured when acting within the scope of their duties as an officer!

Insurance is not Risk Management!!! Insurance is a risk management tool Shifts risk to a 3 rd party insurance company Part of overall risk management program

Am I covered if… I haze… I provide alcohol to a minor… I am liable for someone else’s hazing… I fail to follow FIPG/ National policies…

Defenses u Consent u It was just a prank – don’t take it so seriously u It was an accident – we didn’t mean to u We didn’t know it was against the law u We are students, not criminals – Or the law does not apply to us…