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Student Safety for Off-Campus Based Activities

Purpose:

Off-campus experience-based learning activities are an important part of student academic and co-curricular learning. In many majors it is a part of the core curriculum; in others it is offered as an elective academic component. Nearly every academic department has an internship, cooperative education, practicum, clinical, fieldwork or professional practice course. Faculty are encouraged to add service-learning components to the courses they teach. Students actively seek experiential learning opportunities. Business, industry, governmental, education, and community non-profit organizations seek students as interns and service volunteers to accomplish organizational goals as well as to identify future employees. The University seeks to ensure that these programs include adequate measures to minimize student risk and institutional liability. Colleges and universities can be held liable for failing to act responsibly in the administration of off-campus experience-based learning programs.

It is the policy of the California State University to seek a safe and healthful experience for students participating in off-campus experience-based learning activities. In order to reduce the likelihood of physical injury, property damage, and liability exposure, the university has developed policies, procedures and guidelines to reduce the risk to those students in such programs. It is the responsibility of academic departments and campus programs involved with off-campus experience-based learning activities to follow these procedures to ensure the well being and safety of our students.

Definitions:

Off-campus experience-based learning activities may be identified by a variety of names and constructs: programs for academic credit, such as internships, cooperative education, fieldwork, practicum, professional practice; service-learning or community service components of courses; or they may be non-academic activities such as community volunteer work by student organizations or community-based financial aid work study positions.

Guidelines:

1. Liability

The University does not accept responsibility or liability for students participating in an off-campus experience-based learning activities. There is no provision in State or CSU policies for contractually accepting responsibility for students, nor does the University provide liability coverage for them. The organization or company offering an experience-based learning opportunity must be aware that it can be held responsible for any liability that could result from inviting a student to do work under its supervisors on its premises. This holds true for both paid and unpaid (volunteer) student workers.

Faculty/staff responsibility: Sites and students need to be apprised of this fact. Utilize a signed agreement between the site and the academic department, the Center for Internships, or the appropriate Student Affairs unit. Have students sign a statement of understanding and release document in order to call this information to their attention.

2. Insurance

The University does not provide medical, health or non-travel accident insurance for students participating in off-campus experience-based learning activities. Matriculated students are entitled to use services available at the campus Student Health Center during its normal hours of operation only. Students are advised to carry an adequate health insurance policy of their own. Reasonably priced limited coverage insurance is available through the Associated Students.

Faculty/staff responsibility: Sites and students need to be apprised of this fact. Utilize a signed agreement between the site and the academic department, the Center for Internships, or the appropriate Student Affairs unit. Have students sign a statement of understanding and release document in order to call this information to their attention.

3. Student Safety & Personal Risk

Students must be informed of any potential personal health or safety risk that may be inherent in an off-campus experience-based learning activity.

Faculty/staff responsibility: Have students sign a statement of understanding and release document that indicates they choose to participate in an off-campus experience-based learning activity at their own risk. Let sites know they need to inform students of any potential personal health or safety risks that may be related to the site itself or the nature of work the student will be doing. Students that have concerns about participating in required experience-based learning activities should be referred to UPS 420.105. – Right of Non-Compliance, Risk Activities.

4. Site Selection

Selection of an experience-based learning site must be the decision and responsibility of the student.

Faculty responsibility: For liability reasons, the responsibility for choice of potential placement site must be the student’s. Faculty should maintain current information on preferred sites that may be shared with students during the application/selection phase of off-campus experience-based learning activities. Do not assume the potential liability risk of “assigning” a student to an experience-based learning site.

5. Hold Harmless and Indemnification

No employee of the University (management, staff or faculty) is authorized to sign a "hold harmless and indemnification" or similar agreement from a host organization. Students should be advised not to sign such documents, but if they choose to, they need to fully discuss it with the internship site so they understand the implications. The student must make the decision whether to sign or not to sign a Hold Harmless & Indemnification agreement. A confidentiality agreement is different and in certain situations appropriate.

Faculty/staff responsibility: Never sign a potential site’s “Hold Harmless and Indemnification” document. Inform students of this through a signed statement of understanding document.

6. Fair Labor Standards Act (US Dept. of Labor)

For-profit businesses and organizations are advised to consult with an appropriate legal advisor before developing an unpaid internship or other off-campus experience-based learning activity program. An analysis of the on-the-job experience/tasks in relation to the standard set forth under the Fair Labor Standards Act (FLSA), U.S. Department of Labor (DOL) should be very carefully considered so the company will not to be in violation of FLSA. DOL uses six criteria to determine for differentiating between an employee entitled to minimum wage and a learner/trainee, who, while an employee, may be unpaid. Companies may ask a student to provide verification from the University that they are doing the internship as part of their academic studies (i.e. for credit).

Faculty/staff responsibility: Inform sites of this fact. Utilize a signed agreement between the site and the academic department, the Center for Internships, or the appropriate Student Affairs unit.

7. International Students

International students attending Cal State Fullerton on student visas (F-1) can participate only in academically- or professionally- related experience-based learning (work) experiences that have been approved for Curricular Practical Training (CPT). This is a Bureau of Citizenship and Immigration Services (BCIS) regulation; approval by the CSUF International Education & Exchange office (IE&E) is required before they can start any internship, co-op position, practicum, fieldwork or professional practice assignment for credit or remuneration (pay or other benefits) of any kind. F-1 students at Cal State Fullerton may do two terms (fall, spring or summer) of CPT. Exchange students from abroad (usually J-1 visas) can participate in these types of experiential activities only if it is stated in the agreement between CSUF and their "home" college/university.

Faculty/staff responsibility: Remind international students of this important BCIS regulation and refer them to the Center for Internships or to the International Education & Exchange office before they start any type of off-campus experience-based learning activities as described above.

8. Independent Contractors

Students should not be expected to participate in off-campus experience-based learning activities as “Independent Contractors.” Independent Contractor agreements usually do not meet acceptable criteria for academically related off-campus experience-based learning programs because independent contractors are not supervised and are essentially self-employed. Additionally, students, as independent contractors, are responsible for paying their own "employment" taxes instead of the employer. Many students do not understand this tax liability.

Faculty/staff responsibility: Utilize a signed agreement between the site and the academic department, the Center for Internships, or the appropriate Student Affairs unit. Have students sign a statement of understanding document.

9. Pre-placement Preparation

Prior to participating in an off-campus experience-based learning activity, each student should receive preparatory advising covering such topics as: how to conduct themselves appropriately as a representative of the University; how to anticipate potential problem situations and strategies for handling them; who they are to contact if problems occur; etc.

Faculty/staff responsibility: Provide students with such advising. If necessary, seek support of the academic department, the Center for Internships, or the appropriate Student Affairs unit. Sites should expect that students have had adequate preparation prior to beginning an off-campus experience-based learning activity.

Responsibilities & Resources:

Center for Internships & Cooperative Education:

  • Coordinates off-campus experience-based learning opportunities such as internships, cooperative education, etc.
  • Develops guidelines and information on risk management issues related to these types of off-campus experience-based learning activities
  • Develops resource materials and forms related to these types of off-campus experience-based learning activities and makes them available to academic departments, campus program offices, students and experience-based learning sites
  • Contact information: Extension x2171. The Center is location in Langsdorf Hall, Room 209 and is open Monday through Friday 8:00 am to 5:00 pm.

Academic Departments:

  • Coordinate off-campus experience-based learning opportunities related to department curriculum and/or works in collaboration with the Center for Internships
  • Ensure students receive adequate information regarding risk issues related to off-campus experience-based learning activities such as internships, cooperative education, fieldwork, practicum, professional practice, clinicals, etc.
  • Develop department guidelines and information regarding risk management issues related to these types of off-campus experience-based learning activities

Student Affairs units:

  • Coordinate off-campus experience-based learning opportunities such as community-based service and volunteerism, leadership development, co-curricular learning, and community-based financial aid work study
  • Ensure students receive adequate information regarding risk issues related to these types of off-campus experience-based learning
  • Develop program-related guidelines and information on student risk management issues related to these types of off-campus experience-based learning activities

The University Risk Management Office:

  • Acts as a resource to the Center for Internships, Academic Departments, and Student Affairs to evaluate agreements, contracts and insurance language to ensure protection against liability and risk exposure. 
  • Contact: the University Risk Management officer
    Updated: 7/22/2008 TW
    Center for Internships