Legal Updates

Does Your School Have A Risk-Management Strategy For Off-Campus Trips?

December 2011 by Sara Goldsmith Schwartz

Off-campus trips are not only an exciting and fun part of the educational experience, but also risky endeavors that require advance planning. Indeed, a recent lawsuit highlights the importance of having a comprehensive risk-management strategy for these outings.

In the lawsuit, a former high-school student (the “Student”) alleges that she was sexually assaulted by a classmate during a school-sponsored trip to Europe three years ago. The Student claims that the teachers who chaperoned the trip failed to (a) supervise and monitor the participating students, (b) report the incident to law enforcement authorities, and (c) obtain medical assistance for her. According to the Student, the teacher-chaperones also humiliated her publicly and tried to silence her about the incident. The Student seeks damages from, among others, the teacher-chaperones, who have been named as defendants in their individual capacities. (Due to the sensitive nature of the allegations, we do not identify the parties in this article.)

This case illustrates that all schools that sponsor off-campus trips should have a risk-management strategy for each outing, whether the destination is a local museum or an exotic overseas location. While it is impossible to anticipate and protect against each and every risk that may be associated with an off-campus trip, it is important to minimize as many of the risks as possible.

We urge all schools to review their policies, procedures and practices relative to off-campus trips to ensure that they contain the following components, which are central to effective risk-management:

Policies. Each school should review its faculty, staff, volunteer, and student handbooks to ensure that they provide adequate information about off-campus trips. These materials should address the school’s expectations concerning the behavior of all participants.

Permission And Release Forms. These forms should be tailored to the trips and the activities associated with them. Full and accurate descriptions of the trips should enable parents and guardians to assess the reasonably foreseeable risks associated with the trips, which, in turn, should bolster the enforceability of these forms. State laws differ widely as to the enforceability of liability waivers and releases, so it is vital for the school’s legal counsel to review the permission and release forms to ensure that they will provide the greatest amount of legal protection possible. Significantly, even in those states where liability waivers and releases are routinely enforced, courts may choose to disregard them for a variety of reasons. Therefore, while permission and release forms are one important component of an effective risk-management strategy, schools should not rely on them alone.

Medical Information And Authorization Forms. Emergency contact and health insurance information should be collected from each participant. It is also important to obtain information about any medications that participants may need to take and, correspondingly, to ensure that the school has an appropriate medication administration policy for both prescription and non-prescription drugs. Just as importantly, the school should obtain medical authorizations in advance to ensure that there is no delay in obtaining emergency medical services if an injury or illness occurs during the trip.

Screening Of Vendors And Volunteers. Schools frequently hire vendors to provide services during off-campus trips and permit parents or other volunteers to serve as chaperones. It is critical to conduct appropriate background checks on all such vendors and volunteers. For example, if the school hires an outside transportation company, then appropriate driver record checks, criminal background checks, and sex offender registry checks should be conducted on the drivers. Background checks should always be required of volunteers for off-campus trips, even when the volunteers are the parents of current students.

Chaperone Training. All chaperones should be trained in how to appropriately respond to various situations that may arise during the off-campus trips. Depending on the school and the types of trips it offers, such training might address how to appropriately respond in cases of medical emergencies, significant transportation delays, accusations of sexual assault or harassment, and evidence of alcohol or drug use by a student or fellow chaperone. Chaperones should also be provided with a copy of any policies, procedures, or guidelines that refer or relate to their duties and responsibilities.

Insurance Coverage. The school should ensure that it has appropriate insurance coverage for all off-campus trips and related activities it offers. Similarly, the school should ensure that each participant has health insurance that would provide coverage during the trip. Depending on the nature of the trip, the school might also encourage or require participants to purchase their own travel insurance. In the event of an overseas trip, the school should consider an international travel insurance plan to provide another layer of protection for emergencies and medical needs that may arise.

While the above items are core components of off-campus risk-management, each school should assess whether any particular trip warrants additional safeguards. In this regard, each school’s risk-management program will vary depending on the types of trips and activities it offers to its students.

Please contact any of the attorneys in the Firm’s Education Practice if you have questions or need assistance in developing a risk-management strategy for off-campus trips and activities.