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Managing the risks of industry partnerships Presented by Dr Craig Cameron Senior Lecturer, Griffith Managing the risks of industry partnerships Presented by Dr Craig Cameron Senior Lecturer, Griffith University Corporate Counsel, Dental Services Network Griffith Business School

Presentation objectives 1. Offer a framework for you to consider risk as it applies Presentation objectives 1. Offer a framework for you to consider risk as it applies to WIL; 2. Describe some of the risks associated with industry relationships; and 3. Provide tips on how you can manage the risks associated with industry, which can then be formalised in a WIL agreement Griffith Business School

Key Terms – WIL § § § Work Integrated Learning (WIL): » A curriculum Key Terms – WIL § § § Work Integrated Learning (WIL): » A curriculum design which combines formal learning with student exposure to real or simulated professional, work or other practice settings. Also described as placement, practicum, co-op, internship etc. depending on the discipline. Host organisation (HO): » A legal entity that accepts the student into the workplace as part of a WIL placement. WIL practitioner (WIL discipline): » University employees involved with (academic discipline responsible for) the management and/or delivery of WIL programs. University lawyers: » Deliver “in-house” legal services to the university, in particular risk management WIL agreement: » A written agreement involving the university, host organisation and/or student with respect to the WIL placement. » The university or host organisation may draft the WIL agreement Griffith Business School

Key Terms – Risk § Risk: » Definition: Probability; Consequences; or Event/Circumstance » Think Key Terms – Risk § Risk: » Definition: Probability; Consequences; or Event/Circumstance » Think of risk as any issue (+ or -) that affects WIL § Risk types: Issues which affect … » The university’s ability to achieve its goals with respect to WIL programs (Strategic risk) » The university’s liability or compliance with external or internal rules and regulations (Legal risk) » The day to day operation of the WIL program (Operational risk) » The university’s prestige, standing or brand (Reputation risk) » the assets of the university (Financial risk) Griffith Business School

Strategic Risk § Host organisation (HO) - relationship: A potential or current host organisation Strategic Risk § Host organisation (HO) - relationship: A potential or current host organisation does not offer a WIL placement(s) » The failure to attract and retain HO undermines the university’s ability to achieve its goals pertaining to WIL » Potential causes: § Complex WIL agreements; § Student performance and conduct; § Inflexibility with WIL placement hours; § Assessment is not industry-specific / authentic; and § Poor communication between HO and university supervisor Griffith Business School

Operational Risks Griffith Business School Operational Risks Griffith Business School

Legal Risks - WIL agreement § Intellectual Property: The student assigns their IP rights Legal Risks - WIL agreement § Intellectual Property: The student assigns their IP rights to HO » Students may not understand the legal implications of assigning the IP they create » Students may feel compelled to assign their IP to complete their course or degree » Breadth of IP rights assigned to the HO § Indemnification: The university indemnifies HO for losses incurred in connection with the student’s involvement in the WIL program » Indemnity for negligent conduct by students or WIL staff – OK » Indemnity for any losses incurred in connection with the WIL placement – not OK Griffith Business School

Legal Risks - WIL agreement § Disciplinary action on HO terms » HO takes Legal Risks - WIL agreement § Disciplinary action on HO terms » HO takes disciplinary action or requires the university to take disciplinary action against the student § University assurances about student » The university provides assurances about student competence, character and conduct to HO Griffith Business School

Legal + Reputation Risks – Conduct of HO § Student exploitation: Poor supervision of Legal + Reputation Risks – Conduct of HO § Student exploitation: Poor supervision of the student and/or poor attitude by the host organisation (“student as free labour”) » Allocation of duties that are the responsibility of HO staff and not part of the learning objectives of the WIL program » HO attitude that students represent free labour may expose students to an exploitative workplace environment. Griffith Business School

Risk management tips § Structure » 2 page university WIL agreement in plain English Risk management tips § Structure » 2 page university WIL agreement in plain English - Griffith University WIL agreement template § Making purpose of WIL clear (Student-centred) » Opportunity for students to apply learning to a workplace setting; gain degree-related experience; career awareness and employability skills § Disciplinary action » Obligation to provide fair warning to student and university about matters which may warrant disciplinary action; and » Any disciplinary action is in consultation with and approved by university Griffith Business School

Risk management tips § Managing the relationship » University may have to accept risk Risk management tips § Managing the relationship » University may have to accept risk § Indemnity in favour of HO – university could purchase additional insurance to cover the indemnity § Intellectual Property – educating students about the consequences of assigning IP and directing them to independent legal advice before assignment » Mutual obligation to promptly communicate and resolve issues § Griffith University WIL agreement: Should any impediment, problems or concerns arise at any stage during the placement, the party with the concern must notify the other parties without delay and attempt in good faith to mutually resolve any problems. Griffith Business School

Risk management tips § Communicating key host organisation obligations » Providing students with tasks Risk management tips § Communicating key host organisation obligations » Providing students with tasks and workplace exposure: § relevant to their discipline; § consistent with their level of study; and § that is appropriately supervised by a person with relevant qualifications » Complying with workplace health and safety obligations relevant to the WIL placement § Provision of induction process; § Industry specific rules and procedures; § Risk management systems / incident reporting; § Bullying, harassment and anti-discrimination laws Griffith Business School

Risk management tips § University warranties about student » Make promises about students’ level Risk management tips § University warranties about student » Make promises about students’ level of learning and completion of induction activities » Do not make promises about the conduct or competency of the student § Participation of university lawyer » Good relationship with the university lawyer can assist in managing risks. They can: § Participate in or provide strategic advice about negotiation § Suggest changes to WIL agreements § Take an exception-based approach to agreements (pragmatism) » Approach the legal office prior to finalising a host agreement Griffith Business School

Additional resources § § Me: » Craig Cameron (craig. cameron@griffith. edu. au) / also Additional resources § § Me: » Craig Cameron (craig. [email protected] edu. au) / also on Linked. In Comprehensive table of legal risks » Cameron, C. (2017) The strategic and legal risks of work-integrated learning: An enterprise risk management perspective. Asia-Pacific Journal of Cooperative Education. 18(3). pp. 243 -256. Legal risk - Program risk » Cameron, C. , Freudenberg, B. , Giddings, J. , and Klopper, C. (2017) The program risks of work-integrated learning: a study of Australian university lawyers. Journal of Higher Education Policy and Management. http: //dx. doi. org/10. 1080/1360080 X. 2017. 1377969 Legal risk - Contract risk » Cameron, C. (2017) The contract risks to universities of workintegrated learning programs. 45(5) Australian Business Law Review pp. 405 -418 Griffith Business School