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Managing Risk
(Liability)
Liability concerns the management of risk in the
implementation of service-learning and must be thoughtfully considered by all
stakeholders or participants (faculty, student, agency clientele, agency
personnel, university administration). Though risk is an inherent aspect of
community work and cannot be completely mitigated, it can be reduced to a
manageable level. Two schools of thought prevail in dealing with liability.
First, there is the Clearinghouse Approach. Here the service-learning office
lists the available community agencies along with information about them, and
the student takes responsibility for selecting a service site. On the positive
side this approach reduces university liability. On the negative side the
student’s service-learning experience may be limited. Second there is the Active
Selection Approach. Here the service-learning office compiles a list of agencies
that meet minimum criteria for student learning, safety and supervision (see 5.
Community Agency Setting). This approach provides the benefits of building good
relations with community partners and enhancing the chances of good student
learning experiences. However, a potential downside is that the institution
assumes a greater share of the risks associated with student-learning.
Resources for reducing the
risks associated with service-learning include:
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The Federal Volunteer
Protection Act (VPA) of 1997 (42 U.S.C. 14501-05). This federal law is
designed to protect a "volunteer" from liability within the agency and
community setting for acting within his/her volunteer capacity. It has some
legal implications that are important to review and understand.
Your
state's revised code VPA. This state law reinforces the Federal VPA. Almost
all states have a revised code for the protection of volunteers. It is
recommended that you be familiar with this code and others that directly
affect service-learning as a teaching strategy.
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The Nonprofit Risk
Management Center (www.nonprofitrisk.org). This organization has multiple
resources for your use and offers free advice and feedback regarding forms or
other materials designed to reduce liability for the community agency and
university.
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Your own institution’s procedures and forms developed by
its community service and service-learning programs. These forms and
procedures can be adapted to your particular program to reduce risk to you,
your students, and the other service-learning participants. If such forms and
procedures do not exist, most in the service-learning community would strongly
recommend that they be created for the protection of all concerned. When
creating needed forms and procedures make sure your institution’s
administration and legal counsel approve them.
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At a minimum they should include
Release and Indemnity for student participation and Agency Agreement regarding
student and faculty roles and responsibilities (outlined below).
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The Community Agency or
Partner where students will be conducting their community service. Get to know
the agency and its personnel as well as the community setting in which it is
located. Identify any risks that may be associated with the services provided
by the agency or with the neighborhood in which it is located. Evaluate and
rank order those risks, then seek the best advice you can in deciding how to
manage the identified risks. Many in the service-learning community would
recommend that, in order to serve as a service-learning site, a community
partner must offer the participants in service-learning (1) liability
insurance for work performed in the setting, (2) irect supervision of the
experience, (3) job descriptions that are detailed and specific, (4) screening
processes commensurate with the risk of the tasks, and (5) training and
orientation about the setting and tasks. Background checks may or may not be
necessary.
If an agency's clients are children or other vulnerable populations and they are
receiving federal or state funding they will probably require background checks
of all participants. There is usually a cost involved. Come to an agreement up
front whose responsibility it is to absorb this cost (university, agency,
student, faculty). Background checks also take time. Depending upon federal,
state, county, or city requirements, such screening can take as much as a month
to
complete.
For more information or resources concerning liability or risk management, you
may contact M.J. Woeste at the University of Cincinnati (513) 556-1559, woestemj@uc.edu.
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