LEGAL CONT. FROM PAGE 35
DO NOT IGNORE SUBCONTRACTORS Schools are held accountable for any third party that per- forms recruiting services; it is not necessary that the school have authorized that third party. This means that if a ven- dor has purchased names and contact information from another company that engaged in individual student con- tact, the school will be responsible for the conduct of the vendor’s supplier, for lack of a better term. So if a vendor’s job is to drive traffic, match prospective students or qualify leads, inquire with that vendor how it is driving traffic and from where it gets its prospective student information. If there is a second-tier vendor, that firm is a subcontractor to the institution, hence the college must examine how the vendor pays its sub.
USE PROTECTION Inquiry and analysis are exciting, but good risk manage- ment requires both prevention and protection. Get con- tract representations and warranties about subcontractor and employee compensation, or at the very least a covenant, to comply with all laws applicable to the insti- tution. Back up those contractual promises with indem- nification provisions. Finally, schools should routinely monitor what its vendors are doing and how they are doing it. The Department has a lot of enforcement leeway, so evidence that a school monitored its vendor and acted quickly to correct an incentive compensation issue will go a long way.
TC Holt LeFevre
RON HOLT is co-leader of of Dunn & Davison law firm's higher educa- tion practice. He can be reached at
rholt@dunndavison.com or 816- 292-7604. DAVID LEFEVRE is Of Counsel in the Dunn & Davison, LLC Houston Office. David can be reached at
dlefevre@dunndavison.com or 713-581-1987.
RISK MANAGEMENT CONT. FROM PAGE 37 Campuses must work to implement a trusted culture of
awareness and accountability, so students can come forward with reports of bullying and harassment without fear of retaliation or embarrassment. Counseling services on cam- pus should be provided to both victims and their bullies. Ongoing training, awareness programs and incident
reporting tools are necessary and all efforts must be con- tinually communicated to students, parents, the media and the community. Changing behaviors across all levels of education is imperative.
TODAYSCAMPUS.COM | NOVEMBER/DECEMBER 2011 39
HOW ARE TODAY’S COLLEGES ADDRESSING CAMPUS BULLYING AND HARASSMENT? Many colleges today have implemented anti-bullying and anti-harassment policies that outline the requirements for reporting and the consequences for non-compliance. How- ever, whether these policies are being communicated effec- tively to all students and staff is yet to be determined. Several community colleges in Virginia are also imple-
menting tools that help empower students (and parents, staff, faculty, counselors, law enforcement, etc.) to anony- mously report incidents and ensure all appropriate threat team personnel are notified for a timely and documented response. Campus leaders cannot prevent what they do not know about, so it is critical that higher education insti- tutions provide simple and effective ways of reporting so behaviors can be identified, investigated, stopped and pre- vented from re-occurring.
TC
KATIE JOHNSON is the Director of Marketing and Client Services for Awareity. She can be reached at
info@awareity.com.
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