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Maximizing Fun & Minimizing Risk Fraternity & Sorority Life Social Host Training - 2008 Maximizing Fun & Minimizing Risk Fraternity & Sorority Life Social Host Training - 2008

Introductions IFC n MGC n PHC n Drexel University Special Guests n FSL Staff Introductions IFC n MGC n PHC n Drexel University Special Guests n FSL Staff n

FSL Goals for Social Host Training Help You Answer the Question, “What is up FSL Goals for Social Host Training Help You Answer the Question, “What is up with all of these rules? ” Help you to be a successful fraternity/sorority leader at Drexel University Help you to be safe while having fun

In the “good old days”… In the “good old days”…

What Happened? ! Tort law in the US shifted to the plaintiff’s side of What Happened? ! Tort law in the US shifted to the plaintiff’s side of the courtroom n By 1986, men’s national fraternities were ranked 6 th worst risk in the insurance industry n Insurance companies became reluctant to or simply refused to cover Greeks n (FIPG Manual, 2007)

What Happened? ! n FIPG, Inc. was formed – 1987 – Composed of nearly What Happened? ! n FIPG, Inc. was formed – 1987 – Composed of nearly 50 national fraternities and sororities – Represents 70% of all undergraduate f/s members – Risk Management plan is considered the standard for organizations & campuses (FIPG Manual, 2007)

Why Risk Management? The long-term viability of fraternities and sororities depend upon good risk Why Risk Management? The long-term viability of fraternities and sororities depend upon good risk management n Keeps our members safer and reduces loss levels and insurance costs n Improves and enhances the image & reputation of Greek-letter organizations n (Beta Theta Pi Fraternity, 2005 & FIPG, Inc. 2007)

What’s My Role in Risk Management? Chapter President n Chapter Executive Board n – What’s My Role in Risk Management? Chapter President n Chapter Executive Board n – Social Chairman – House Manager – Risk Manager

Chapter President n n n Considered to be the ultimate person responsible for implementing Chapter President n n n Considered to be the ultimate person responsible for implementing a RM program Must draft, understand, and be prepared to administer a crisis management plan Review national and university policies with the chapter each term Ensure that chapter policies comply with federal, state, city, and university policy Demonstrate leadership & Walk the Talk

Social Chairman n n n Industrial strength partier ≠ Positive choice for Social Chairman Social Chairman n n n Industrial strength partier ≠ Positive choice for Social Chairman Must ask “what if? ” Understand & know all relevant policies Coordinate planning of social events with chapter Risk Manager Coordinate security and identification of guests at all events with alcohol Plan for member & guest safety

House Manager Vital member of the Risk Management Team n Work cooperatively with Drexel House Manager Vital member of the Risk Management Team n Work cooperatively with Drexel University Fire & Life Safety to ensure routine evaluation of chapter house n Organize and conduct periodic emergency/evacuation drills n

Risk Management Chair n n Assist President with development of chapter crisis management plan Risk Management Chair n n Assist President with development of chapter crisis management plan & chapter risk management plan Coordinate educational sessions for members and pledged members Assume leadership role in forms of risk management Assist Social Chairman in the coordination of events with alcohol

Drexel University Fraternity & Sorority Life Social Events with Alcohol Policy n The social Drexel University Fraternity & Sorority Life Social Events with Alcohol Policy n The social component of Fraternity & Sorority Life is highly valued by Drexel University. All policies shall be implemented in a way that promotes the responsible use of alcohol. Further, each chapter is expected to adhere to all federal, state and local laws as they pertain to building and fire safety as well as the consumption of alcohol and other substances.

General Policy Statements n n All fraternity-sponsored events must comply with applicable law, University General Policy Statements n n All fraternity-sponsored events must comply with applicable law, University AND National Risk Management policy All chapter house event/functions where alcohol will be present must be registered with FSL in the time indicated on the Event Policies, Procedures, and Request Form. Late registration will result in non-approval of the activity.

FSL Specifics n No alcoholic beverage may be purchased through chapter funds nor may FSL Specifics n No alcoholic beverage may be purchased through chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of, or on behalf of, the chapter or on behalf of the members for a chapter event. – WHY? Because furnishing alcohol to guests exposes the chapter and its officers to liability. n No shots, drinking games or common-source containers (e. g. kegs) are tolerated at any chaptersponsored event. – WHY? Because these activities greatly increase the risk of harm to the individuals involved and make it difficult to monitor guests.

FSL Specifics n n Guests: the number of guests at a social event/function should FSL Specifics n n Guests: the number of guests at a social event/function should never exceed the maximum capacity of the chapter house. No open parties are allowed (must use guest lists) – WHY? We have potential liability for all guests and, therefore, must monitor who is allowed to attend the event. – Guest List - The participating chapter(s) must submit an original guest list at least 2 business days before the event.

FSL Specifics n n The possession, sale or use of any ILLEGAL DRUGS or FSL Specifics n n The possession, sale or use of any ILLEGAL DRUGS or CONTROLLED SUBSTANCES is strictly forbidden Advertising - Chapters may not advertise a social event/function at which alcohol will be present (i. e. no flyers, posters, Triangle advertisements, Facebook ads, mass emails, etc. ).

FSL Specifics n Social Host Training - All chapter presidents, risk management chairpersons and FSL Specifics n Social Host Training - All chapter presidents, risk management chairpersons and social chairpersons must attend the Social Host Training Session sponsored by FSL. Failure to attend will result in suspension of social privileges until the aforementioned chapter officers attend the next training.

Who Is Eligible to Sponsor Events with Alcohol in Their Chapter House? Alpha Chi Who Is Eligible to Sponsor Events with Alcohol in Their Chapter House? Alpha Chi Rho Fraternity n Alpha Epsilon Pi Fraternity n Pi Kappa Phi Fraternity n Pi Kappa Alpha Fraternity n Sigma Alpha Epsilon Fraternity n Sigma Phi Epsilon Fraternity n Tau Kappa Epsilon Fraternity n

Event Registration §Brotherhood Only Event – NO guests § 1: 1 Invitation/Date Event – Event Registration §Brotherhood Only Event – NO guests § 1: 1 Invitation/Date Event – 1 guest/date per member § Event with Non-Members - These events are by invitation only, where non-members are in attendance and capacity stays within the facility’s maximum occupancy of its assembly space. One (1) Security Officer at the perimeter and one (1) at the point of entry § Multi-Chapter Event - Event hosted by more than one chapter, where non-members are in attendance and capacity stays within the facility’s maximum occupancy of its space. These events are by invitation only. One (1) Security Officer at the perimeter and one (1) at the point of entry § Alumni Event – members only Alumni members and undergraduate

Guidelines for Event Scheduling n n Guest lists must be submitted in the time Guidelines for Event Scheduling n n Guest lists must be submitted in the time specified to the Office of the Dean of Students or to [email protected] edu Each chapter may have two (2) events with Non-Members per term with the ability to request more. There may be no more than three (3) events with Non-Members on any given night. These events may only occur on Thursday, Friday and Saturday, with no event starting before 6 pm and ending past 2 A. M.

Friendly Reminder… n No Non-Alcoholic Social Programming = No Events with Alcohol Friendly Reminder… n No Non-Alcoholic Social Programming = No Events with Alcohol

Host Responsibilities n n Register event with FSL Events/Functions with alcohol in chapter houses Host Responsibilities n n Register event with FSL Events/Functions with alcohol in chapter houses must be BYOB. Members and guests bringing alcohol into an event must be of legal drinking age. There must be a closed bar area with designated non-drinking servers to redistribute alcohol to those of legal drinking age. Alcohol may NOT be redistributed from any area of the fraternity house except for a closed bar area.

Host Responsibilities (cont. ) n n Admission is limited to chapter members and invited Host Responsibilities (cont. ) n n Admission is limited to chapter members and invited guests only. A current chapter roster(s) and a copy of the guest list must be at the entrance to the social function at all times. No temporary guest lists are permitted. “Greek Privilege” is not permitted. The chapter(s) shall record the names of all guests entering the event/function (name and address). Bring list to FSL by Monday following event.

Host Responsibilities (cont. ) n n n Identification: The host chapter(s) shall require ALL Host Responsibilities (cont. ) n n n Identification: The host chapter(s) shall require ALL persons entering the social event/function to provide a driver's license or other picture identification card issued by a state or federal agency establishing proof of age before entering. Persons without proper identification are never admitted. The sponsoring chapter(s) shall have at least two initiated members at the entrance to the event/function checking ID and monitoring the guest list. Social functions shall be serviced by a single entrance.

Host Responsibilities (cont. ) n Wristbands/Bracelets: The host chapter(s) must provide wristbands/bracelets to guests Host Responsibilities (cont. ) n Wristbands/Bracelets: The host chapter(s) must provide wristbands/bracelets to guests of legal drinking age. Markers, stamps or other easily duplicated means to identify guests are prohibited.

Host Responsibilities (cont. ) n For all events, it is the host(s)’ responsibility to Host Responsibilities (cont. ) n For all events, it is the host(s)’ responsibility to ensure that any given time the number of people within the chapter house does not exceed the maximum capacity. n No open alcoholic containers may enter or leave the function.

Host Responsibilities (cont. ) n Chapters are responsible for providing non-alcoholic beverages and “nonsalty” Host Responsibilities (cont. ) n Chapters are responsible for providing non-alcoholic beverages and “nonsalty” food for the duration of any social event/function involving the use of alcohol.

Liability & Consequences n So what does it mean to be held liable? n Liability & Consequences n So what does it mean to be held liable? n Who can be held liable in these situations? n What might the consequences be when held liable?

Individual – Be sued for damages, emotional injury, etc. and possibly have to pay Individual – Be sued for damages, emotional injury, etc. and possibly have to pay compensation – Your parents’ homeowners policy – Have criminal charges pressed again you – Go to court and possibly serve jail time – Permanent record - will be seen by future employers, graduate school admissions, etc.

Fraternity – The president, VP, and risk management team may be called into court Fraternity – The president, VP, and risk management team may be called into court even if they did not participate and possible jail time and fines can be given – Chapter disciplinary action

Liability n To be liable is to be held responsible for some act or Liability n To be liable is to be held responsible for some act or event that causes harm or damage to another. If you are found liable, you may have to pay the damages that are a result of the act or event. Damages usually are in dollar amounts and compensate for: Property damage or destruction n Physical injury; emotional pain; rehabilitation n Legal expenses n

Types of Liability n Social Host Liability n n Dram Shop Liability n n Types of Liability n Social Host Liability n n Dram Shop Liability n n One assumes this liability when they host/co-host an event where alcohol is served or allowed to be consumed. The event host is responsible for any “injury” that occurs as a result of an intoxicated person harmed or that individual harming or “injuring” another party. Obligation of licensed vendors to not serve minors or intoxicated individuals. If they do, they can be held liable for damages that individual caused. This can sometimes be applicable to fraternity/sorority parties. Proprietor Liability n Legal duty of property owners to maintain a safe facility and grounds for residents, users, and visitors. Who has access? What is foreseeable? Is the property safe?

Negligence n In order to determine if someone or an organization is liable, a Negligence n In order to determine if someone or an organization is liable, a determination of negligence has to occur. Negligence is a claim against you or your organization that you did not act responsibly, as determined by the court.

Negligence (cont. ) n Foreseeable n n Is there any past history in regard Negligence (cont. ) n Foreseeable n n Is there any past history in regard to what happened in the incident that would have been an indication that a person could be “injured in the future? ” Did you take corrective action to prevent a second incident? Duty of Care n The obligation a person or organization accepts in protecting the safety and well-being of others. If a safety hazard or risk is recognizable or foreseeable, one has to put in place measures that minimize or eliminate this risk.

MYTH #1 An individual member can’t be held liable for an event he/she sponsors MYTH #1 An individual member can’t be held liable for an event he/she sponsors at his/her private residence.

Here’s the Truth: n Most states have laws that incriminate a social host who Here’s the Truth: n Most states have laws that incriminate a social host who serves alcohol to minors. If not, civil remedies are available to a person alleging injury after attending an event hosted by a chapter member. In addition, the member’s parents may be held liable for the actions of the member if he/she hosts a party and someone gets hurt.

MYTH #2 If it’s not an official chapter event, my chapter can’t be legally MYTH #2 If it’s not an official chapter event, my chapter can’t be legally liable for anything that happens.

Here’s the Truth: Your chapter/fraternity can be held liable if someone would reasonably perceive Here’s the Truth: Your chapter/fraternity can be held liable if someone would reasonably perceive the event as a chapter event. Duck Theory If it walks like a duck & sounds like a duck, then it’s a duck Any competent attorney will try to prove that the event was sponsored by the chapter.

MYTH #3 My chapter is only responsible or liable for making sure our chapter MYTH #3 My chapter is only responsible or liable for making sure our chapter members follow risk management policies.

Here’s the Truth: In the case of a function officially or unofficially sponsored by Here’s the Truth: In the case of a function officially or unofficially sponsored by more than one fraternity/sorority, all groups involved are equally responsible for ensuring that risk management policies, as well as university, state and local rules and regulations, are being followed by and for all guests. Do not assume that since the event may be held at another organization’s facility that you are not responsible. If your group is involved, you are liable.

MYTH #4 If someone doesn’t drink at a chapter sponsored event, the fraternity isn’t MYTH #4 If someone doesn’t drink at a chapter sponsored event, the fraternity isn’t responsible.

Here’s the Truth: If someone shows up to a chapter event intoxicated, the chapter Here’s the Truth: If someone shows up to a chapter event intoxicated, the chapter may become legally responsible for getting that person home safely; if this person leaves the event and proceeds to injure themselves, someone else, or any property, you and your chapter can be held responsible for the damage.

So Now What? ! n Myth: I can never drink with my fraternity again! So Now What? ! n Myth: I can never drink with my fraternity again! n Truth: Bottom line - act responsibly!

Resources Fraternity Constitution & Bylaws n Chapter Bylaws n n FIPG Risk Management Manual Resources Fraternity Constitution & Bylaws n Chapter Bylaws n n FIPG Risk Management Manual n Fraternity Crisis Management Guide