Re: Liability & Insurance

[Alan Dove <ad52@columbia.edu>]

Hey, folks:

Sounds like a major lawsuit waiting to happen, Pat.  First, you should
speak directly to the University's attorneys (if you haven't already) and
find out what legal justification they have for backing out of all
liability when students leave the campus as debaters.  Since, as you point
out, the team is a for-credit course (which presumably requires travel),
the travel is supervised by a University employee, and the debaters are
representing the University, it seems that, at best, the University's
disclaimer is tenuous.

That said, I should point out that both my undergraduate experience and my
coaching experience suggest that universities in general are not too
anxious to take on this responsibility.  Towson required a release form
from each debater which basically said "whatever happens, it's not the
University's fault."  NYU requires the same thing.  Columbia's team didn't
exist as far as the University was concerned this year (raising the
troubling issue that if one of the Columbia kids had been injured, I might
very well have been personally responsible).  I expect we'll have release
forms next year for the Columbia folks.  If there were a legal assumption
that the University is not responsible for the debaters when they travel,
it seems unlikely that the release forms would be needed.  You might want
to point that out to your school's attorneys and ask them to provide the
forms for your debaters to sign if they really want to duck the
responsibility.

On the issue of health insurance, most schools require all students to be
insured, usually under their parents' policies.  That would cover injuries
and illnesses on debate trips, too.  Absent insurance, and if a student
has signed a release, well, it's his own problem.  Somewhat scary from the
uninsured student's perspective.

I'm not a lawyer, and have no intention of becoming one, so others out
there should feel free to correct me on these issues.  Basically, I'm
repeating what's been explained to me by lawyers, and I'm sure there's
more than one angle on the issue.

          --Alan

__________________
Alan Dove
N3IMU
ad52@columbia.edu
http://128.59.173.136/Poliolab/Alan/Dove.html

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References:

• Liability & Insurance
• From: Pat Gehrke <papacat@sierra.net>

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