Risk Management Policy

According to state law, organizations should adopt a risk management policy or plan.

This should include standards to guide the organization in reducing risks at community service activities, socials, when traveling, and any other activity that your specific org is likely to encounter.

• Sample event: Hosting a skit night open to anyone
• Identify risks that occur for each activity
  • Ex: Injury on stage or even in audience
• Identity ways to reduce risks/prevent potentially harmful things from happening
  • Ex: Check equipment prior to use, make sure cords are taped down
• Create a plan for what to do if something harmful does happen
  • Ex: Info on nearest hospital, training event staff on exit locations, first aid kit

In a court of law, if you can show that you made an effort to reduce risks and followed protocol listed within your plan, your personal and organizational liability will be decreased.

Your national organization or Student Engagement can help you create a risk management plan if you don’t already have one.

Risk Management

All student organizations are strongly encouraged to attend the risk management program; however, student organizations associated with the Office of Greek Life and Recreational Sports (Sport Club Committee) are required to send at least the president (or equivalent leader) or the risk manager (or equivalent leader). Any other member of a student organization who is not otherwise required to attend may also attend. If the position of president or risk manager is vacant at the time the risk management program is offered, the student organization must designate another student in a leadership position and must contact Student Engagement to identify the role of the student leader in the student organization. On a case-by-case basis, Student Engagement may require other student organizations to attend the risk management program, based their level of the inherent or perceived risk of their activities or purpose.

Effective June 14, 2013, the 83rd Texas Legislature enacted HB 2639/SB 1138/SB1525, adding section 51.9361 to the Texas Education Code regarding risk management training of members and advisors of student organizations at postsecondary educational institutions. A copy of the law can be found on http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9361

The law requires student organization officers and advisors be trained in seven different areas of risk management. These areas include:

1. Possession and use of alcoholic beverages and illegal drugs, including penalties that may be imposed for possession or use
2. Hazing
3. Sexual abuse and harassment
4. Fire safety and other safety issues, including the possession and use of a firearm or other weapon or of an explosive device
5. Travel to a destination outside the area in which the institution is located
   1. Behavior at parties and other events held by a student organization
   2. Adoption by a student organization of a risk management policy
   3. Issues regarding persons with disabilities, including a review of applicable requirements of federal and state law, and any related policies of the institution, for providing reasonable accommodations and modifications to address the needs of students with disabilities, including access to the activities of the student organization. 

Each student leader or organization advisor who attends the risk management program must report the contents of the program at the next full meeting of the student organization membership.

Failure of a student representative to attend this program by the deadline set by Student Engagement may result in a violation of the Code of Student Conduct.

The Student Engagement Center will retain all records of attendance and program notices for no fewer than three years.

Alcohol and Illegal Drugs

The legal drinking age in Texas is 21. Because a large percentage of Texas Wesleyan University students are not of legal drinking age, the university has established specific polices for drinking at events off campus:

• Individuals under the age of 21 may not use or possess alcoholic beverages in or on any property under the control or jurisdiction of the university.
  • In regard to alcohol, Texas Wesleyan University Student Code of Conduct (2013-2014) states that a violation of the alcohol policy or laws can be grounds for disciplinary action.

Drugs and Inhalants

• Students and employees may not use, possess, sell, manufacture, or distribute illegal drugs, inhalants, or controlled substances (narcotics or dangerous drugs), be in possession of drug paraphernalia, or misuse any legal drug or other substance in or on university owned or controlled property or as a part of any university sponsored activity.

Penalties

• Penalties that may be imposed for conduct related to the unlawful use, possession, or distribution of drugs or alcohol are: probation, payment for damage to or misappropriation of property, loss of rights and privileges, suspension for a specified period of time, expulsion, or such other penalty as may be deemed appropriate under the circumstances.

Hazing

The following is an abbreviated summary, in question and answer form, of the contents of the Texas Education Code, section 51.936 & 37.151-157 regarding hazing, and the applicability and implications for students, faculty and staff at Texas Wesleyan University. This is only a summary.

To report hazing with Texas Wesleyan University student organizations, please call Dean of Students Office (817-531-4872) directly or call the Campus Conduct Hotline (866-943-5787).

“Hazing” means any intentional knowing, or reckless act, occurring on or off the campus of the Texas Wesleyan University, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at Texas Wesleyan University.

The definition of Hazing includes but is not limited to:

1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student;
3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely effects the mental or physical health or safety of the student;
4. Any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection;
5. Any activity that induces, causes, or requires the student to perform a duty or task which involves of the Penal Code. Sec. 4.52.

A person commits an offense if the person:

1. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
2. Intentionally, knowingly, or recklessly permits hazing to occur; or
3. Has firsthand knowledge of the planning of a specific hazing incident involving a student of the Texas Wesleyan University, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the appropriate university official.

Sexual Misconduct

It is the policy of the Texas Wesleyan University that acts of sexual harassment, as defined herein, toward guests of and visitors to the campus or any member of the University community including faculty, staff, students and candidates for positions at the University (regardless of the individual's gender) will not be tolerated. All members of the administration, faculty, staff and students will be subject to disciplinary action for violation of this policy. Members of the public doing business with the University who violate this policy may be subject to sanctions. 

Sexual Harassment Defined

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature (regardless of gender), even if carried out under the guise of humor, constitute a violation of this policy when:

1. Submission to or tolerance of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions (including admissions and hiring) affecting that individual; or
3. Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or offensive employment, or educational environment.

Sexual harassment takes many forms; examples of conduct which might be considered sexual harassment under this policy include but are not limited to:

• sexual exploitation of a relationship between individuals of unequal power and authority,
• sexual exploitation of a relationship between peers and students that could affect the workplace or educational environment,
• repeated and unwanted requests for dates, sexual flirtations, or propositions of a sexual nature,
• subtle pressure for a sexual relationship,
• sexist remarks about a person's clothing, body or sexual activities,
• unnecessary touching, patting, hugging, or brushing against a person's body,
• direct or implied threats that submission to sexual advances will affect or be a condition of employment, work status, grades, or letter of recommendation,
• physical assault,
• conduct of a sexual nature that causes humiliation or discomfort, such as use of inappropriate terms of address,
• sexually explicit or sexist comments, questions or jokes, and
• conduct of a sexual nature that creates a hostile work or educational environment

Conduct constituting sexual harassment, as defined herein, toward another person of the same or opposite sex is prohibited by this policy.

Travel

It is the policy of the University to promote safety and to encourage students to engage in safe conduct when traveling to and from university activities or events. Accordingly, in addition to encouraging students to use good judgment, the university has adopted this policy and authorized the university Office of Risk Management to approve rules designed to encourage safe behavior on the part of students presently enrolled at the university.

This policy applies to all students enrolled in the university who travel to an activity or event that is organized and sponsored by the university when:

1. the activity or event is located more than 50 miles from the campus from which travel originates; and

1. the travel is:

a)    required by a student organization properly registered at the university; or

b)    funded by and requires use of a vehicle owned or leased by the university.

For purposes of this policy, an activity or event is organized and sponsored by the university when it has been planned, funded and properly approved by the appropriate university official.

This policy generally does not apply to travel to and from field trips, internships and service-learning activities. However, students are encouraged to follow the guidelines set out in this policy and the safe travel rules established by the university Office of Risk Management whenever travel is university-related.

Students traveling to and from university organized and sponsored activities or events may be required to use various modes of travel and travel under different conditions. Each form of travel requires the student to follow common and mode-specific safety precautions. In addition to following federal and state laws that encourage safe travel, using sound judgment, and following this policy, students traveling to and from events covered under this policy must follow the safe travel rules approved by the university Office of Risk Management. At a minimum, these rules must include provisions concerning:

• Use of seat belts and other safely devices
• Passenger capacity
• Required qualifications and training
• Fatigue and time of travel
• Privately owned vehicles
• Air and other modes of commercial transportation
• International travel
• Alcohol, illegal drugs, and weapons prohibited
• Travel authorization

Departments that encourage or require one or more students to travel to events and activities covered under this policy are responsible for verifying that students are aware of this policy and the safe travel rules approved by the Office of Risk Management. Departments that permit students to drive any vehicle owned or leased by the university are responsible for ensuring the student meets the driving requirements established by the Office of Risk Management. Departments must report violations of this policy and safe travel rules to the Office of Risk Management.

University employees who authorize students to drive vehicles rented for any university- related business or activities are responsible for ensuring the student meets driving requirements established by state law and the Office of Risk Management. Faculty and staff employees who fail to comply with this policy are subject to disciplinary action in accordance with applicable provisions of university policy.

Individual students and student organizations who violate this policy and the safe travel rules approved by the Office of Risk Management are subject to disciplinary action, in accordance with the applicable provisions of the Student Code of Conduct which may include disciplinary action and loss of funding. In the planning stage of any trip that fits the criteria above, please contact the Student Engagement Office for guidance.

Finances

A very important area where you can lend your expertise to student organizations is in the realm of financial situations. Without being overbearing, try to remain involved and up-to-date on the financial status of your group. Student treasurers come and go, but if you know the operations of the organization, you can help in transition and continuity of procedures.

Contract Preparation

This is an area where you need to be involved. Any negotiation with outside vendors that include solicitation on the Texas Wesleyan University’ campus requires a Solicitation Permit. This permit will be review by the SAC and signed. The advisor is also required to sign the Solicitation Permit. Students should keep in mind that by signing a contract they are legally obligating the University, and themselves.

Fundraising

Registered student organization shall be permitted to hold functions on-campus and to charge admission for such functions provided:

• The desired facilities are available and the organizations requesting such facilities complete the proper forms and do so within the designated time prior to the date of proposed use (usually at least 15 days in advance),
• Such groups pay the designated costs for the facilities used (if applicable),
• The contractual arrangements made by such groups clearly show that the University is not sponsoring the event (Texas Wesleyan University Student Engagement Center, 2011).

After the organization determines the details of fundraisers they would like to hold on-campus, encourage them to communicate their ideas to Student Engagement to ensure the details do not violate university policy or local, state, or federal laws, and to discuss risk management.

If you have additional questions or concerns about fundraising, please contact Student Engagement.

Disability Accommodation

It is the policy of the Texas Wesleyan University not to discriminate on the basis of sex, race, color, religion, national origin, age, disabled veteran status, veteran of the Vietnam era or qualifying disability under the Americans with Disabilities Act (ADA) in its programs, activities, admissions, or employment policies. In addition to complying with federal and state equal opportunity laws and regulations, the university through its diversity policy declares harassment based on individual differences (including sexual orientation) inconsistent with its mission and educational goals.

Should your organization recognize the need to accommodate students with special needs (i.e. access to program location, sign language interpretation, etc.) encourage your students to contact Student Engagement.