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LEGAL ISSUES & LIABILITY

Entering into an agreement to serve as an advisor should not be taken lightly. Advisors should stay well-informed of the groups actions and decisions and stay visibly involved in their role.

While student organizations need to have autonomy in decision-making processes, it is also very important that advisors stay aware of the issues and limitations inherent in the law. While many situations surrounding the law’s impact on organizational planning are obvious, many are not as distinct. Maintaining awareness of legal issues is an important part of being an advisor.

As an advisor, you may need to educate your group about legal issues such as:

1. Student Organizations must comply with state and federal laws. There is no immunity because they are students or because they are part of the University.
2. Student Organizations must comply with all University policies.
3. Student Organizations may seem challenged by some of the laws or policies that they must follow, as an advisor, you can assist them in adjusting their events so that they are in compliance with the necessary guidelines.

While some legal situations may be unavoidable, most can be anticipated and averted if the students and advisor think ahead and remember some basic risk management tips:

1. Maintain industry standards. When using various types of equipment, stay within the standards as recommended by the manufacturer. Examples include power limits on extension cords and passenger limits in vehicles.
2. Risky events – Some events have a level of risk included in them, such as tugs of war, eating competitions, ski trips, or carnival-type events requiring physical exertion. Engage in pointed conversations with leaders as they raise these types of activities as possible events. Make sure they understand the risks inherent in such events and what additional planning steps are necessary when planning risky endeavors. Many times Activity Waivers are required for participation in these activities.

Waivers: Although waivers are primarily legal tools, they also serve an educational purpose by making people think about the potential risks of an activity.  Often that’s all it takes to get people to avoid accidents.  Waivers fulfill an important function. Waiver forms provide documentation that a student understands the risks inherent in an activity prior to engaging in it.

Insurance: Activities of Registered Student Organizations are NOT covered by the University’s general liability self-insurance program.  Registered Student Organizations can purchase insurance for specific activities through the Office of Risk Management (642-5141). Please speak with an advisor in the Office of Student Life for more details.

There are a few special issues that will be important to keep in mind regarding legal affairs:

Copyright Laws

There are specific regulations that govern the ability to show movies and television programs on-campus. Federal copyright laws protect all original works of authorship fixed in a tangible medium. When using material that has been written, recorded, or designed by someone else, it is important to make sure that you are not violating copyright law by improperly using someone else's intellectual property.  Registered Student Organization’s must receive written authorization to show movies or television shows either in a classroom or other facility on-campus.  This includes documentaries and programs taped off of television.  When reserving a facility there will be a hold placed on the reservation until the group provides written proof of authorization.  Written proof of authorization should be submitted to the Office of Student Life for clearance of holds.

Persons With Disabilities

All events hosted by Registered Student Organizations should be planned so as to provide complete access to persons with disabilities. This includes not only the accessibility of programming spaces, but also awareness of special needs like interpreters, attendants, and transportation needs to any off-campus events. When in doubt, discuss special circumstances with the Office of Disabled Students’ Programs (642-0518).

(Much of this information is adapted from the Student Activities Office, University of Minnesota)