Risk Management in Student Affairs: Foundations for Safety and Success -- Copyright -- Contents -- Preface -- Acknowledgments -- Contributors -- Part One: Framework -- Chapter 1: Differences Between Public and Private Institutions -- The Constitution Versus Contracts -- Implications -- Standard Setting -- Sovereign Immunity, Personal Liability -- Religious Expression -- Freedom of Expression -- Due Process -- Search and Seizure -- Federal Funding -- Property Ownership -- Transportation -- Conclusion -- References -- Additional Resource -- Chapter 2: Personal Versus Institutional Risk Management -- Public Versus Private Distinctions -- Tort Liability -- Contract Liability -- Professional Liability Insurance -- Liability Insurance and Institutions -- Conclusion -- Reference -- Additional Resources -- Part Two: The U.S. Constitution -- Chapter 3: The First Amendment -- Introduction -- Religious Expression -- Free Speech -- Freedom of the Press -- Other Issues -- Conclusion -- References -- Additional Resources -- Chapter 4: The Second Amendment and the Fourth Amendment: The Second Amendment -- The Fourth Amendment -- Conclusion -- References -- Additional Resources -- Chapter 5: The Fifth Amendment -- Due Process in Employment -- Due Process Rights of Students -- Mediation Options -- Conclusion -- References -- Part Three: Regulatory Challenges -- Chapter 6: Federal and State Regulations -- Introduction -- Immigration Law-Sevis -- Copyright Laws -- Laws Linked to Federal Aid -- Drug-Free Workplace Act -- Drug-Free Schools and Communities Act -- Student Right-to-Know Act -- Equity in Athletics Disclosure Act -- Campus Security (Clery) Act -- Campus Sex Crimes Prevention Act -- Title IX -- Violence Against Women Reauthorization Act -- Rights of Human Subjects -- Environmental Law -- Missing Student Notification.

Laws Associated With the Rights of Persons With Disabilities -- The Rehabilitation Act of 1973 -- The Americans with Disabilities Act -- Family Educational Rights and Privacy Act of 1974 (FERPA) -- The Patriot Act -- Occupational Safety and Health Act (OSHA) of 1970 -- Affordable Care Act -- State Regulations -- Conclusion -- References -- Additional Resources -- Chapter 7: Discriminatory Practices -- Programs and Services for Students -- Title VI of the Civil Rights Act of 1964 -- Title IX of the Educational Amendments of 1972 -- Section 504 of the Rehabilitation Act of 1973 -- The Age Discrimination Act of 1975 -- Employment -- Title VII of the Civil Rights Act of 1964 -- The Family and Medical Leave Act of 1993 -- Other Considerations -- Sexual Harassment -- Affirmative Action -- Conclusion -- Reference -- Additional Resource -- Chapter 8: Private and Voluntary Organizational Regulations -- Accrediting Associations -- Regional Accrediting Agencies -- Program or Discipline Accreditation or Certification -- Athletic Associations and Conferences -- National Collegiate Athletic Association (NCAA) -- Other Athletics Organizations -- Athletic Conferences -- Other Associations, Educational and Professional -- Conclusion -- Reference -- Part Four: Tort Issues -- Chapter 9: Student Activities and Events, Risk Levels, Supervision -- Introduction -- Understanding the Relationship Between the Institution and its Student Organizations -- Achieving Institutional Sponsorship/Recognition and Approval for a Program, Event, or Activity -- Who Is Authorized to Grant Approval? -- Is the Activity on or off Campus? -- Is an Off-Campus Group or Organization Also Involved in the Activity? -- Will Alcohol Be Available at the Event? -- When Can Institutional Oversight Become Censorship? -- Can the Method and Time of Payment for an Activity Help to Minimize Risk?.

The Process to be Followed After an Event Has Occurred -- Conclusion -- References -- Additional Resources -- Chapter 10: Hazing and Student Organizations -- Introduction -- Hazing Defined -- Hazing Within Various Types of Student Organizations -- Fraternities and Sororities -- Sports Teams -- Cheer Squads -- Musical Organizations -- Other Student Organizations -- Risks and Liability Associated With Hazing -- Risks to the Individual Being Hazed -- Risks to Student Affairs Administrators and Their Institutions -- Conclusion -- References -- Additional Resources -- Chapter 11: Alcohol and Drugs -- Introduction -- The Precursors to Alcohol and Drug Use On College Campuses -- Addressing Alcohol and Drug Use Proactively -- Minimizing Risk When Alcohol is Approved to be Consumed at Student Events -- Pre-Event Planning and Registration -- Procedures During the Event -- Post-Event Assessment -- Conclusion -- References -- Additional Resources -- Chapter 12: Counseling and Helping Services -- Introduction -- College Student Mental Health Problems -- Pressure and Stress -- Finances -- Social Isolation -- Crises -- Substances -- Depression -- Eating Disorders -- Gambling -- Bullying -- Academic Advising -- Special Populations and Diversity Issues -- Conclusion -- References -- Additional Resources -- Chapter 13: Providing a Safe Environment -- Introduction -- Federal Requirements for Colleges and Universities -- The Higher Education Opportunity Act of 2008 -- The Jeanne Clery Act -- Department of Education's Dear Colleague Letter Regarding Sexual Violence -- Department of Justice's Title II Regulations Regarding Direct Threat in Relation to the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act -- Local and State Statutes -- Reducing Risks Associated With the Use of Campus Facilities -- Non-Academic Facilities.

Academic Facilities and Facilities Designated for Public Gatherings -- Reducing Risks Associated With Assaults and Other Violent Acts -- The Role and Responsibility of Campus Police/Safety/Security Officers -- The Role and Responsibilities of Other Administrators -- Conclusion -- References -- Additional Resources -- Part Five: Contracts -- Chapter 14: Off-Campus Incidents and Behavior -- Codes of Conduct -- Criminal Proceedings and Student Conduct Proceedings -- Types of Off-Campus Activities -- Fraternities -- Student Trips -- Club Sports -- Study Abroad -- Service Trips -- Social Functions -- Other Challenges -- Retrieving Information -- Local Community Relations -- Conclusion -- Reference -- Chapter 15: Contract Management -- Introduction -- Overview of Contract Law -- Governing Law -- Standard Contract Provisions -- Written Contracts Versus Other Contract Forms -- Agreement On Contract Terms -- Validity of the Contract -- Fairness of the Contract -- University Organizations and Student Activities Contracts -- Independent Organizations and Student Activities Contracts -- Contract Review Protocols -- Common Types of Event Contracts -- Practical Tips for Contract Negotiations -- Pitfalls of Contract Negotiations -- Hold Harmless/Indemnification Clauses -- Binding Mandatory Arbitration -- Breach of Contract and Attorney Fees Awards -- Personal Liability on Behalf of the Signer -- Conclusion -- Reference -- Chapter 16: Employment Issues -- Introduction -- Issues Associated with the Search and Selection Process -- Position Descriptions -- Searches: Preparation and Procedures -- Affirmative Action and Equal Employment Opportunity -- The Search Committee and the Screening and Interview Process -- The Offer of Appointment -- Issues Associated with the Supervisor-Employee Relationship -- Working Conditions.

The Relationship Between the Supervisor and Employee Both At and Away From the Workplace -- Performance Appraisals and Disciplinary Action -- Issues Associated with an Employee's Separation from the Institution -- Conclusion -- References -- Additional Resources -- Chapter 17: Staff Development and Training -- Introduction -- General Issues -- Sexual Harassment -- OSHA and Employee Safety -- Discriminatory Practices -- Clarifying Expectations -- Supervising Student Employees -- Minors on Campus -- Record-Keeping, Documentation of Expectations -- Professional Associations -- Conclusion -- References -- Additional Resource -- Chapter 18: Student Discipline Systems -- Introduction -- Due Process -- Codes of Conduct -- Critical Issues in Student Conduct Matters -- Sanctions and Property Rights -- Regulations and the Freedom of Speech -- Special Nature of Victims' Rights -- Medical or Psychiatric Dismissals -- The Role of Counsel -- Double Jeopardy -- Media Interest -- Negotiated Withdrawal -- Appeals -- Review of Prior Conduct -- Academic Misconduct -- Student Conduct Management and Criminal Law Proceedings -- Purpose Differences -- Terminology -- Standards of Evidence -- Confidentiality -- Conclusion -- References -- Additional Resources -- Part Six: Resource Protection -- Chapter 19: Information Technology: Data Protection -- Introduction -- It's Eleven O'clock: Do You Know Where Your Data are and Who Is Trying to Gain Access? -- A Five-Factor Framework for Evaluating an Institution's it Vulnerability and Assessing and Addressing Risks -- 1. What Data Are in My Area of the Institution and Where Are They Located? -- 2. How Sensitive Are the Data in My Area of the Institution? -- 3. Who Has Access to and Is Responsible for the Security of Data in My Part of the Institution?.

4. Do I Really Need to Keep All of These Data and, If So, for How Long, and How Do I Get Rid of It?.