Student Organizations and Activities: Managing the Risks

Student organizations — social, political, religious, Greek, sports, and other groups — can greatly enrich college and university life. Your institution’s reputation for well-managed, diverse, and engaging student activities also can be a strong recruitment tool. But these benefits often come with a risk of personal injury or institutional liability — whether students are rock climbing or attending a concert. Your institution can mitigate these liability risks by clearly defining its relationship with student organizations. Risk management practices are essential regarding facility use, event planning, travel, alcohol, hazing, and other issues.

The following guidance can help campus risk and insurance managers, student affairs administrators, legal counsel, and other campus officials better understand and manage risks associated with student activities held on and off campus.

Claims involving student organizations have cost UE and its member institutions more than $100 million.

In particular, Greek organizations are a frequent source of claims involving student groups. Here, claims involved serious wrongdoings, including physical and sexual assaults, alcohol poisoning, and hazing. Numerous fatalities were reported. The average cost of claims that result in a monetary award or settlement can often exceed six figures.

Intramural sports and other activities also carry high levels of risk. Among the most dangerous activities are skydiving, snowboarding, whitewater rafting, wilderness and survival outings, horse-related activities, rugby, and sharpshooting. The sports themselves don’t always pose the greatest risk; student travel to and from athletic events and other campus destinations, commonly in private vehicles, may prove risky, particularly when alcohol is served.

Legal actions against colleges and universities arising from student organizations commonly allege that the institution was negligent by failing to supervise or protect students. Typically, the key issue is whether the institution has a legal duty to use reasonable care to protect the student or other people. Courts consider whether the institution could have reasonably foreseen the type of harm that occurred in each case. The courts examine precautions taken and decide if they are reasonable under the circumstances.

Since the 1990s, state and federal courts have been increasingly willing to recognize an institutional duty of care in cases involving student organizations and activities. In general, the more an institution supervises, regulates, controls, and supports student activities, the likelier it is that a court will decide that a duty of care exists. Prior knowledge of the student activity that results in the harm at issue also makes a court’s finding of liability more likely. Conversely, when there is minimal or no supervision, regulation, control, and prior knowledge, then a duty of care is less likely to be found.

Some institutions may conclude that less involvement is better, but that view can be short-sighted. Depending on the activity, there may be laws and other policy considerations dictating the institution’s active participation. The most sophisticated institutions recognize that reasonable rules and oversight will often prevent serious harm from occurring.

When a court seeks to decide if a duty of care exists, it may examine the following aspects of your institution’s policy and practice:

• Relationship with the student organization. Is the organization “sponsored” or “independent?” Is the student group or proposed activity closely aligned with your institution’s mission? Is student participation voluntary or required for academic credit?
• Funding and nonmonetary support. Does your institution fund the organization or activity? What is the funding source (for example, general operation or student activity fees)? Who controls funding decisions? What other types of support (for example, copier, computers, supplies, meeting, and office space) does your institution provide?
• Planning, oversight, and approval. Does your institution require the group to have an advisor? How involved are the faculty or staff advisor and student affairs staff in planning and approving student activities and events? Is your institution able to discipline the student group?
• Activity location and travel. Do the student organization’s activities take place on or off campus? Does your institution own the property where the activity occurs? Are institution vehicles used to transport students? Does your institution regulate the group’s travel?
• Prior knowledge. Does your institution (through its employees) have prior knowledge of specific policy violations by the student group or similar groups?

An institution doesn’t need to provide the same privileges and responsibilities to all student organizations. For many reasons, institutions will have closer relationships with some groups than others. To clarify the different approaches that exist, have policies and procedures governing the “recognition” or “registration” of student organizations.

Policies and Procedures

A basic tenet of risk management is the ability to control your property for the benefit of your organizational goals. Be aware of private individuals who may want to use your institution’s property for their own purposes and who will use student organizations to gain access. For example, martial arts and many other types of commercial enterprises have paid students to start “clubs” for the purpose of offering instructional fee-based classes on campus and to avoid paying a lease fee.

As a result, your institution must establish policies and procedures to recognize student organizations. Separate administrative structures and guidelines may be necessary for different types of student groups, such as intramural sports and Greek, undergraduate, and graduate organizations. Regardless of the type of student organization, your institution should establish its own requirements pertaining to the group’s membership, responsibilities, and privileges.

In a written agreement with the student organization, set forth these aspects of your policy:

• An annual or semi-annual application process that includes the group’s constitution, current roster of officers and members, contact information, stated purpose, and intended activities
• Annual or semi-annual training for student organization officers covering leadership, risk management, and other policy guidelines
• Funding sources and application procedures for institution-controlled financing
• Nonmonetary forms of support including bank accounts, office space, computer use, supplies, and copy and fax machines
• Use of your institution’s name, logo, and artwork
• Terms and conditions under which institution property is used
• Fundraising and member recruitment activities
• Incident and injury reporting
• Conduct rules to include compliance with your institution’s alcohol, hazing, and nondiscrimination policies
• Contracting for goods and services
• Judicial process for student organizations as well as for individual students, including the grounds and procedure for disciplinary sanctions and withdrawal of recognition

From a liability perspective, one of the most important steps any institution can take is to distinguish between “sponsored,” “independent,” and “unrecognized” student groups. While your institution may choose to use other descriptors, be clear about the distinctions with respect to university oversight, funding, control, use of facilities, and other aspects.

Sponsored Organizations

Sponsored organizations should closely align with your university’s mission. Their planned events may be considered an integral part of the educational experience for students. Sponsorship is typically bestowed if the group aligns with a particular department (for example, a society of physics students or a university psychology club), honor and scholarship (such as Alpha Lambda Delta, an honor society for first-year students), or profession (the American Medical Student Association, for example).

All sponsored groups should have a faculty or staff advisor who maintains your university’s oversight and organizational control. Duties to the organization should be clearly delineated and included within the advisor’s responsibilities. All officers and members of sponsored groups should be registered students in good standing.

Funding in whole or in part comes from student activity fees or university operational funds. Other sources may include on-campus fundraising and member recruitment activities. The use of your institution’s name, logo, and artwork may be granted under guidelines that apply to sponsored activities.

Most institutions are willing to extend their general liability insurance coverage to sponsored organizations, at least insofar as the groups are acting under the direction or control of institution officials. Be aware, however, of non-sanctioned activities, some of which may occur off-site. Once your institution accepts responsibility for the group, it will be difficult to distance your institution from liability associated with non-sanctioned activities. Insurance coverage practices vary, so it is important to verify the coverage of sponsored student groups with your institution’s insurance manager or carrier.

Independent Organizations

Independent student organizations should be formed for an educational purpose that your institution supports. The educational purpose may be broad, such as promoting leadership skills, and not be tied to academic or degree programs. The relationship between the student group and the university may be described as “arm’s length.”

Most independent groups are formed for social, political, or religious purposes. Examples include the Chess Club, Hillel, and LGBTQ organizations. When deciding whether to recognize the club, consider the risk level of the club’s activities. For example, you may decide to let a photography club — but not a skydiving club — affiliate with your institution.

As with sponsored organizations, it is best to require that all or most of the group’s officers and members be registered students in good academic standing. This helps ensure that the group’s purpose is clearly focused on serving or benefiting students.

The role of faculty and staff advisors may differ from those serving sponsored organizations. Consult with your institution’s legal counsel on whether to require independent student groups to have faculty or staff advisors and whether such advising activities are included in the scope of their employment. In either case, your institution must educate employees on their advising responsibilities as well as other policies governing independent student groups.

Additionally, consult with your institution’s insurance broker or Risk Manager to understand insurance coverage options for the activities of faculty and staff involved in these organizations.

To ensure an independent organization has insurance coverage for losses it may cause, require it provides your institution with a certificate of insurance that names your institution as an additional insured in connection with organized student activities. Moreover, require the organization to indemnify your institution for claims or losses that arise out of on- or off-campus events that are funded in whole or in part by student activity funds or other forms of university support.

Indemnification provisions in contracts are helpful if your institution is sued because of the organization’s actions. These provisions typically require the organization to cover legal costs and any monetary damages your institution owes. Third-party contracts should be accompanied by a statement that the organization is independent and not acting as an agent for your institution.

If your institution offers student activity funding to an independent group, it is best for a student council or government — rather than your institution — to make funding decisions. You also may allow the independent group to raise funds and recruit members on campus during designated times and places. If your institution lets an independent group use your institution’s name, logo, or artwork, make clear that your university doesn’t sponsor or control the organization. Ensure all these requirements are stated in an agreement between your university and the student group.

Unrecognized Groups

Often, institutions will learn of groups of students that organize events that use the institution’s name or logo without permission. Worse, students may engage in organized activities that involve surreptitious or open violations of university alcohol or hazing policies. Your institution can’t look the other way. Students are likely to get hurt, and institutional liability may follow. Therefore, your institution must establish policies addressing the status of student groups that aren’t currently recognized.

Typically, unrecognized groups aren’t permitted to use the university name, logo, equipment, or facilities. Unrecognized groups shouldn’t be permitted to assert any affiliation with your university in written or online documents. If an unrecognized group of students engages in harmful behaviors toward other students, such as by hazing or threatening them, your university should warn the campus community not to participate with the group and to report the conduct violations and criminal behavior to a specified person or department.

Special Considerations for Greek Organizations

Greek organizations, particularly fraternities, generate a disproportionate number of high-dollar claims arising from student groups. While it may be tempting not to recognize the organizations in an attempt to distance your institution from any misconduct, that strategy may not be wise or legally feasible.

For example, if a fraternity house is on land your institution owns, a landlord-tenant relationship already exists. In such situations, a best practice is to tie the Greek organization’s recognition to the lease so that your institution can terminate the lease if the organization loses recognition. Lessons learned from UE claims show that Greek organizations require extensive oversight, and recognizing the organizations lets your institution take disciplinary action when misconduct occurs.

If your institution decides not to sanction Greek organizations or students establish these organizations without your permission, your institution needs a policy on unsanctioned Greek organizations that:

• Discourages student participation by clearly stating your institution doesn’t sanction the group’s activities or provide support, oversight, or advice
• Identifies consequences of participating in these groups, including disciplinary action for activities on campus, legal action from the national chapter — if one exists — for violating the organization’s policies, and personal liability for injuries or claims arising from the organization’s activities
• Lists unsanctioned groups your institution is aware of, the date the list was created, and, where appropriate, the date your institution removed a group’s recognition and why
• Warns of safety risks — such as sexual assaults, alcohol violations, or hazing — unrecognized groups pose
• Encourages students to report suspected unsanctioned fraternity activities, such as recruiting, and provides contact information for the person or department to receive such reports

In addition to having a policy for recognizing student organizations, there are important risk management steps your institution can take regarding student activities.

Risk Management Teams

Risk management teams or safety committees are an increasingly popular way to address risks inherent in student activities. Consider asking a student affairs or risk management administrator to lead the team. Other administrators, faculty, staff, and students, as appropriate, may be recruited from the following offices: Insurance Services Facilities, Maintenance, Campus Security, Environmental Health and Safety, Transportation, Community Relations, and General Counsel.

A risk management team may carry out initiatives including:

• Assess existing policies and procedures regarding student organizations and activities.
• Identify and prioritize critical issues such as student travel, facility use, recognition and advisement of student clubs, hosting minors on campus, and managing campus-wide events.
• Develop or revise an operations manual for student activities, particularly for high-risk activities such as those involving large and public events.
• Conduct training for student officers, faculty and staff advisors, and other members of the campus community.
• Serve as points of contact to work with student groups when problems arise such as potential hazing activities or alcohol use at events.

Facilities and Events

On-campus events pose serious risks from a liability perspective. Ensure your institution has a clear application process for student groups seeking use of campus facilities. Pay particular attention to student events that pose safety or security concerns or public relations challenges as well as events that may attract a large audience or involve controversial political, religious, or social issues.

Issues that may need to be addressed to ensure safety include, as necessary:

• Security
• Crowd control
• Setup and staging
• Routes for marches or parades
• Caterer compliance with health and safety regulations
• Transportation management
• Emergency medical needs
• Sanitary facilities
• Permits
• Emergency management plans and joint command posts for large-scale events
• Notification to local police and fire departments

Ensure that facilities management staff work closely with campus police, student affairs staff, and student organization representatives in planning and overseeing on-campus events.

Participant Releases

Releases can be an effective risk management tool for certain student activities, including intramural and club sports. They also can educate the person who signs the document about an activity’s potential risks.

To be effective, releases only should apply to voluntary activities, not assigned activities that are required for academic credit. Such optional activities include recreational trips, fitness center use, intramural sports, community service projects, and hosting a conference.

Narrowly tailor the release, making it specific to the activity it covers. If participants are minors, their parents or guardians also should sign the document. University legal counsel should write or periodically review releases and similar forms.

Other tips for drafting and using releases:

• Do a quality control check. Verify all facts and ensure all activities intended to be covered by the release are described with sufficient detail.
• Note specific risks and injuries associated with the activities. Signors should acknowledge that they understand and are assuming the risks, are voluntarily choosing to participate, and aren’t required to do so by your institution.
• Consider using a bold typeface or other language to draw attention to the provision releasing your institution from liability. Also ensure the document releases your institution’s representatives from liability.
• Provide a separate release document for each signor. Avoid having more than one participant sign a single document.
• Store all signed releases according to your institution’s record retention policy or at minimum for the period of the applicable statute of limitations for bringing claims.

Off-Campus Travel

Vehicle accidents cause most of the student injuries and deaths that occur during off-campus organized events. To protect students and your institution, enact and enforce a vehicle usage policy. Requirements may vary for those driving institutional vehicles or their personal vehicles. The policy and information provided to student organizations should clearly state what responsive actions your institution will take when it is notified of an accident or other serious incident during the group’s travel.

Consider addressing the following aspects in a vehicle usage policy:

• Driver qualifications. All approved drivers must have a valid driver’s license and a good driving record — no more than one at-fault accident within the past 24 months and no prior conviction for driving under the influence of alcohol or drugs or for reckless driving. Consider whether to impose a minimum driver age, such as age 21, to ensure that more experienced and mature students are behind the wheel. If younger drivers are permitted, consider requiring them to complete an approved driver training course.
• Safe driving practices. Establish rules on the number of hours a driver can be behind the wheel without a break or during a 24-hour period. Prohibit late-night driving, such as after 10 or 11 p.m. Require the driver and all passengers to wear seat belts and to use child restraints for young children. Ban the use of cell phones and other electronic devices by drivers. Prohibit any person from driving a vehicle while under the influence of drugs or alcohol. Require that vehicles be driven within the speed limit and as appropriate for traffic, weather, and road conditions.
• Vehicle breakdowns and emergencies. Advise drivers on what to do in case of a vehicle breakdown or emergency. Equip university-owned vehicles with emergency equipment such as a jack and spare tire, jumper cables, a flashlight, a fire extinguisher, and a first-aid kit. The vehicle also should contain a registration and insurance card, accident instructions, and campus contact numbers. Require student groups taking trips to provide up-to-date advance information, such as destination, trip itinerary, departure and return dates and times; destination contact person and phone number; a roster of participants and contact information; and emergency contacts for all participants. In addition, consider requiring that student groups purchase some type of roadside assistance plan in case of a breakdown, flat tire, or run-down battery. These plans are offered by auto insurance companies and organizations such AAA.

Alcohol Policies

University policies vary considerably on the extent to which alcohol is allowed, if at all, at on- and off-campus student events. It is common to prohibit or substantially restrict the use of institution funds to purchase alcohol for student functions held on and off campus.

If your institution allows alcohol service, on-campus events typically require advance registration and approval by university officials. A common practice is for student groups to designate an event manager who has passed an event training class such as Training for Intervention Procedures (TIPS).

Typically, the event manager and staff who work the event are employed by a third-party provider. By hiring a third-party provider, your institution can transfer the risk of property damage or personal injury caused by a person served alcohol at the event. Institutional policies should specify minimum insurance requirements for providers and require that they display a certificate of insurance before the event. Your institution also may want to require that contracts with the third-party provider include an indemnification provision stating that the provider will cover your institution’s legal costs and any damages awarded if your institution is sued because of negligent actions by the provider.

Consult with legal counsel in drafting such a provision.

The event manager is responsible for supervising the event as well as hiring a qualified bartender and event staff members. The event manager must set up a designated area at which to serve alcohol only to students who are 21 years of age or older. Procedures must be in place to check ID cards and refuse service to intoxicated guests. It is also a good practice for campus security or police to be present or conduct spot checks on all such student events.

Many institutions prohibit the service of alcohol at events where most of the attendees are underage.

If your institution permits alcohol, you can:

• Use bracelets to identify those who are permitted to drink.
• Use scanners connected to your institutional database to verify ages and identify fake IDs.
• Ban hard alcohol.
• Restrict the time that alcohol is served and the quantity that is served.
• Provide ample food.
• Offer transportation after the event.

The greatest risks an institution faces are likely to occur at off-campus events organized by recognized student groups. Your safest course is to prohibit the use of university funding for the purchase of alcohol at off-campus events. If university funding is allowed for alcohol purchases, it is prudent to limit the funding only to student groups that institution sponsors and those that have obtained advance approval for alcohol at the event. In such a case, your university must ensure there is adequate supervision, security, and law enforcement to monitor the off-campus event.

Hazing

Courts are unwilling to excuse institutional tolerance of hazing behaviors that injure students. At least 44 states and the District of Columbia have anti-hazing laws, and activities of that type also may be prosecuted as assaults and other criminal offenses. Many universities go further than state law by defining hazing behaviors more broadly than under the criminal law.

All colleges and universities should have policies that regulate and punish perpetrators of hazing. Key components of a policy are:

• A statement prohibiting hazing
• A definition of hazing illustrated by examples
• Instructions on how to report hazing
• Procedures for the institutional response to reports
• Sanctions for policy violations

Hazing is a problem that affects not only Greek and athletic groups, but all student organizations. Your institution should provide all student groups with material on what constitutes hazing and how to prevent and respond to it.

The adoption of policies that recognize student groups and implementation of risk management measures are not simply for the purpose of reducing your institution’s liability. These steps can help ensure that students get the most from their participation while protecting them from harm.

More From UE

Checklist: Recognizing Student Organizations

Student Organization Advisors

Checklist: Handling Controversial Speakers on Campus

Responding to Controversial Events on Campus

Fraternities, Sororities, and Risk: Lessons from Claims

Manage Unsanctioned Greek Organizations

Prevent Greek Organization Hazing

Understanding Waivers and Assumption of Risk Forms

Checklist: Drafting Effective Releases

Crisis Response: A Library of Tabletop Exercises

Additional Resources

Sample Policies, Handbooks, and Forms

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