Keys to Reducing Risk and Liability in Service-Learning
The potential of liability and risk exist through numerous college-sponsored activities that have become a part of campus life. Programs such as athletics, on campus housing, food service, internships, fraternities and sororities, just to name a few. It is important that we find ways to reduce the liability of service-learning without unduly penalizing it for being one of the newest learning and enrichment programs on campus. Responsibly practicing service-learning will help others recognize its tremendous benefits to students, campus and community. Here are some keys to reducing the liability and risk in service and service-learning:
Develop strong partnerships: Encourage faculty and staff to set clear expectations for community partnerships. Regular communication with partners is important. This will help to tune into unsafe conditions students might encounter. Faculty and staff should ensure students are properly trained and allow ample time for students to ask questions and voice concerns. It is helpful to listen for concerns during reflection activities – and to understand that not every partnership is appropriate or needs to happen. If it is too risky, look for another partnership that will help the students learn in a safer environment. Have a service-learning agreement drawn up that outlines each role. i.e. faculty, institution, community partner.
Tag Service-Learning Classes in the Course Catalog: If students are prepared for their service-learning experience, campuses are more likely to avoid unnecessary surprises. Similarly, the service-learning experience should be clearly laid out in the syllabus, including definitions that help students understand why and what they will be participating in.
Transportation: Campuses can determine transportation in a number of ways. Students can find their own ride, faculty can require public transit, or perhaps a campus vehicle can be used. The key to reducing liability and risk is being consistent and clear on transportation policy.
Criminal Background Check and Fingerprinting: If students are working with vulnerable populations (youth, seniors, persons with disabilities – physical or mental), conducting criminal background checks on students may be either recommended or required. An agreement should be made with the community partner regarding who does the background checks. Campuses should evaluate possible risks of serving community partners with vulnerable populations if background checks are not provided. After responsibility is established the campus and community partner will need to determine what kinds of information about the students will become public. Consider alternative options for completing course work or service work if a student’s background prohibits them from serving.
Evaluations: By having students, faculty and partners evaluate the program you will receive valuable input on improving the program. You can also do post experience focus groups. Make changes based on the feedback you receive. Consider designing an evaluation prior to the service-learning experience. This will prevent evaluations from becoming an afterthought.
Insurance: Identify what insurances your campus carries and what is covered. For example: General, Umbrella, Worker’s Comp, Accident and Injury, Vehicle, Medical and Employment Practices, etc.
Waiver: Many campuses provide a waiver for students participating in service-learning. Although not generally a legal binding document, it can be a way of emphasizing the responsibilities of each the students, agency, and institution. Waivers also indicate the campus’ intent to take the partnership seriously.
What to do if something goes wrong: Campuses should consider policies and training if a student is injured, harmed and/or wronged while serving. In addition, the campus should consider a response and policies if a student should cause injury, harms or wrongs a community member, client or a partner.
“If you know your community partners, know the potential risks your students take on when they work in the community, know the type of work students will be doing and who they will be working with, only then can you be relatively certain that the liability agreement will sit on the shelf gathering dust.”
Richard Cone – California Campus Compact, Serving Safely
Resources:
Serving Safely: http://www.cacampuscompact.org/cacc_publications/serving_safely.html
National Service-Learning Clearinghouse: Risk Management and Liability in Higher Education Service-Learning
Risk Management Issues in Service-Learning Programs, an example from Bowling Green State University
MCC would like to thank California Campus Compact and their recent publication “Serving Safely” for the majority of the material that appears on this page.
Contact Ryan Fewins, Michigan Campus Compact at rfewins@micampuscompact.org or 517.492.2448