Risk Management

Report
Risk Management
Presented by:
Sean P. Callan, Esq.
WHAT EVERY GREEK
LEADER NEEDS TO KNOW!
The REAL Animal House
Alpha Chi Alpha
AGENDA
Risk Management Principles
 Risk Reduction Policies
 Risks to Collegians

•
•
•

Alcohol Abuse/Drug Use
Hazing
Physical Structure/Security
Officers’ Liability/Insurance
RISK MANAGEMENT
WHAT IS RISK
MANAGEMENT?
n:The process of assessing risk and acting in
such a manner, or prescribing policies and
procedures, so as to avoid or minimize loss
associated with such risk.
What is Risk Management

Avoid

Reduce

Transfer

Accept
RISK AVOIDANCE
WHAT ARE THE RISKS?
 Alcohol
abuse/drug use
 Hazing
 Fire
and Security
Policies
National Policies
 FIPG – Fraternal Information &
Programming Group

–
–
–
88 members
Men’s and women’s groups
Generally form framework for all Greek letter
group risk management policies
Policies – FIPG
Alcohol & Drugs
1.
Use of alcohol during sponsored event, or
an event an observer would associate
with the organization, must comply with
law and comply with BYOB or Third Party
Vendor guidelines.
2.
No use of chapter funds to buy alcohol; no
bulk/common source purchases (kegs)
Policies – FIPG
Alcohol & Drugs
3.
No open parties – unrestricted access by
non-members where alcohol is present
4.
No providing alcohol to minors
5.
No illegal drugs or controlled substances
Policies – FIPG
Alcohol & Drugs
6.
No co-sponsor of event with a bar or
tavern
7.
No co-hosting with other chapters where
alcohol is present
8.
All rush/recruitment must be alcohol free
Policies – FIPG
Alcohol & Drugs
9.
10.
No drinking games – pong, century club,
drink your age, liar’s dice/poker, etc.
No alcohol at bid night, big-littles, family
nights, initiation or any other pledge/new
member events
Policies – FIPG
Hazing
HAZING is PROHIBITED in
all forms!
ALCOHOL
a few numbers

Death: 1,825 college students between the ages of 18 and 24 die from
alcohol-related unintentional injuries, including motor vehicle crashes
(Hingson et al., 2009).

Injury: 599,000 students between the ages of 18 and 24 are unintentionally
injured under the influence of alcohol (Hingson et al., 2009).

Assault: 696,000 students between the ages of 18 and 24 are assaulted by
another student who has been drinking (Hingson et al., 2009).

Sexual Abuse: 97,000 students between the ages of 18 and 24 are victims of
alcohol-related sexual assault or date rape (Hingson et al., 2009).

Unsafe Sex: 400,000 students between the ages of 18 and 24 had unprotected
sex and more than 100,000 students between the ages of 18 and 24 report
having been too intoxicated to know if they consented to having sex (Hingson
et al., 2002).

Drunk Driving: 3,360,000 students between the ages of 18 and 24 drive under
the influence of alcohol (Hingson et al., 2009).
ALCOHOL
Alcohol Abuse and Dependence: 31
percent of college students met criteria for a
diagnosis of alcohol abuse and 6 percent for
a diagnosis of alcohol dependence in the
past 12 months, according to questionnairebased self-reports about their drinking
(Knight et al., 2002).
Common
Accidents/Incidents

Someone left to “sleep it off”

Falls

DUI/OVI
ALCOHOL
ALCOHOL
Underage Drinking
Providing Alcohol
Criminal Liability
 Felony in some states

–
–
Psi Upsilon – 17 year old recruit
Tabard – undercover operation
Florida –misdemeanor – jail and fine
 Florida “open house party” – criminal
liability for hosting party where minors
drink

Underage Drinking
Providing Alcohol

Civil Liability
–
By statute, you are RESPONSIBLE for all
damage caused by minor you serve directly
–
By statute, you are RESPONSIBLE for all
damage caused by minors at “open house
party”
Respect Neighbors and
Hosts
Know Your Risks


Most dangerous nights…
–
Bid night
–
“Bigs” night
–
Initiation
70% of lawsuits filed by chapter members…
LEGAL DEFINITION OF
HAZING
Any action taken or situation created,
whether on or off any school, college or
university, or other educational premises,
which recklessly or intentionally endangers
the mental or physical health of any
student….
Matthew Carrington
LEGAL DEFINITION OF
HAZING
Any action taken or situation created,
whether on or off any school, college or
university, or other educational premises,
which recklessly or intentionally endangers
the mental or physical health of any
student….
JAIL

One year

Six months
PADDLING
Paddling
can be
“Serious Bodily Harm”
Felony Conviction
Off to Prison
Whitney Miller
Sadie Green
Utah State
Michael Starks
Carson Starkey
SAE – Cal Poly
All Served Time
Scott Krueger
FIJI - MIT
George Desdunes
SAE - Cornell
. “Look
at me,” he
said. “I was
Student Senate
president and a
straight-A
student, and I
wound
up in prison for
two years for a
stupid tradition.”
"I did what I did out of a
misguided sense of
building brotherhood….I
will live with the
consequences of hazing
for the rest of my life, My
actions killed a good
person, and I will be a
felon for the rest of my
life…..
Know Your Risks


Most dangerous nights…
–
Bid night
–
“Bigs” night
–
Initiation
70% of lawsuits filed by chapter members….
Criminal Liability
for
Officers
Is there a higher duty?
ABSOLUTELY!!
Phi Kappa Tau
Rider University
Big/Little Night
Phi Kappa Tau President
Michael Torney
Rider University
Accessory
A person who aids or contributes in the
commission or concealment of a crime.
Accessory Before the Fact
(Accomplice)
An accessory who assists or encourages
another to commit a crime but who is not
present when the offense is actually
committed.
Accessory After the Fact
An accessory who was not at the scene of
the crime but knows that a crime has been
committed and who helps the offender try
to escape arrest or punishment.
Obstruction of Justice
Interference with the orderly administration
of law or justice, as by giving false
information to or withholding evidence from
a police officer or prosecutor….
CAN I BE SUED?
Once again, YES!!






President - $250K
Big Brother - $250K
Pledge Trainer - $250K
All other officers $50K each
On top of $850K from
local
On top of $6 million
from MIT
Once again, YES!!!
Haithem Ibrahim
 Big Brother to
Carson Starkey – Cal
Poly
 $500,000

Damages
40 year work life
X
$50,000 per year
______________
$2,000,000
Am I Insured?

Officers are generally NOT liable for the
unauthorized actions of individual chapter
members or the chapter as a whole!
–

(though there are exceptions – see Rider)
Officers ARE insured when acting within
the scope of their duties as an officer!
Insurance
Insurance is not Risk Management!!!
Insurance is a risk management tool
Shifts risk to a 3rd party insurance company
Part of overall risk management program
Am I covered if…
I haze…
I provide alcohol to a minor…
I am liable for someone else’s hazing…
I fail to follow FIPG/ National policies…
Defenses
Consent
 It was just a prank – don’t take it so
seriously
 It was an accident – we didn’t mean to
 We didn’t know it was against the law
 We are students, not criminals

–
Or the law does not apply to us…
Defenses
WE WERE DRUNK…
Because this explains everything…
Know Your Risks


Most dangerous nights…
–
Bid night
–
“Bigs” night
–
Initiation
70% of lawsuits filed by chapter members…
Every time I’ve done something that
doesn’t feel right, it ’s ended up not
being right. ~
Mario Cuomo
Hypotheticals/Q&A
What should I do if?

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