Risk Considerations with Student Life

In American society, there is a significant chance of lawsuits resulting from some form of personal injury. College campuses are not immune to this increasing level of liability and risk. In response to this litigious trend, college educators and administrators must become familiar with risk management and in a legal sense, the concepts of risk avoidance, risk control, risk transfer and risk retention.

Stated simply, these four methods are described as follows:

1. Risk Avoidance endeavors to limit risk by avoiding or creating activities that involve risk.
2. Risk Control seeks to manage and structure activities in such a way that it reduces or limits risk.
3. Risk Transfer includes releases, waivers, hold harmless indemnification agreements, and insurance as prudent measures to transfer risk.
4. Risk Retention uses self-insurance as a means to prepare for the monetary implications of legal liability.

Some Areas of Concern Include (this is not meant to be an all inclusive list):

1. Alcohol and Drug Abuse
2. Athletics
3. Physical Violence
4. Health Clinics/Malpractice
5. Facility Maintenance and Upkeep
6. Labs and Research
7. Extracurricular Activities
8. Vehicles, all kinds

The overarching goal is to mitigate risk and control costs associated with the day to day conduct of campus activity that may arise from accidental loss or injury involving students. In other words, that which adds enormous legal liability to the University must be anticipated and controlled as much as practical. As an example, wet floors in campus fitness centers increase the risk of slips and falls, therefore measures must be in place to mitigate that risk.

Lessons learned already include the oft challenged premise that institutions of higher learning have a special relationship with their students which demands a higher level of care. While this has been challenged successfully in court, the 'special relationship' premise as a part of tort liability for colleges and universities is not going away, which means prudent risk management policy is a sensible, meaningful precaution.

Institutions of higher learning have to manage various types of risk on campus on any given day, and all risk involving students must be of the greatest concern. Educators will always play a vital role in the management of risk. Students form the core of any college's mission, and governing policy, as a practical matter, must take their well being and satisfaction as a primary area of reasoned focus. After all, we must not forget that students are our raison d'etre.