Risk Management

One common way for organizations to attempt to minimize risk is by asking participants to sign waiver forms. The assumption is that by having participants sign the waiver, they are being informed of the inherent risks of the activity they are planning to engage in.   Waivers are not a defense.

UW student organizations can have waiver forms designed and approved by the Risk Management Office. Contact the Risk Management Office by calling 262-8925.

Another way to minimize risk is to purchase insurance, including health and accident insurance as well as liability insurance. The Risk Management Office has a Special Event Insurance Policy available to student organizations to minimize their risk. Contact the Risk Management Office at 262-8925.

Although copyright laws are often considered in the context of photocopying sections of books and using the materials for class, there is much more to these laws. Organizations are more vulnerable to violating the copyright law as it applies to the use of videos or music.
The Fair Use Doctrine comprises four elements:

1. The purpose and character of the use of the material, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. The amount of the work that was used in relation to the copyrighted work as a whole.
4. The effect of its use upon the potential market (Kaplin and Lee, 1995.)

Renting a video or using someone’s personal copy of a video and showing it at a club meeting, a residence hall lounge, or at a fraternity house may seem like a harmless, inexpensive form of entertainment. The problem with this scenario, unfortunately, is that it constitutes a public showing of a video, which is illegal; assuming the material included in the video is copyrighted and those exhibiting the video have not purchased a special license. Without an agreement from the copyright holder, no one can show videos in a public forum even if no fees or ticket sales are involved.

Similarly, the use of music is governed by copyright laws. Generally speaking, students cannot make copies of music performances and sell them as a fund-raiser without violating the law (James, 1988).

For additional information and information on licensing copyrighted work, see:

• UW System Frequently Asked Questions on Copyright.
• UW System Administrative Policy 1310 and its’ appendixes
• Office of Legal Affairs Copyright Help Page

The best risk management technique regarding alcohol is that it should not be available at student events. However, if the organization chooses to host an event with alcohol, they must abide by all aspects of the Student Organization Alcohol Policy.

Maloney (1988) points to two legal aspects of handling money:

• More than one person should be responsible for financial transactions.
• An organization must follow federal, state, local and university guidelines
• The advisor does not serve as the organization’s treasurer, but should be keeping a careful eye on the legal aspects of how the organization handles its funds.

Hazing is defined as “any action taken or situation created, intentionally, to produce mental or physical discomfort, embarrassment, harassment, or ridicule.” Although it is less common today, it has been known to be part of the ritual of certain organizations and clubs. “Advisors and students should be aware that, if found guilty, students who engage in hazing others where an injury results could be dismissed from school, fined, imprisoned, and be assessed damages.” (Gehring, 1987). The Wisconsin Hazing law is below, and you should also view the RSO Code of Conduct regarding hazing.

Wisconsin State Statute – 948.51 Hazing

• In this section “forced activity” means any activity which is a condition of initiation or admission into or affiliation with an organization, regardless of a student’s willingness to participate in the activity.
• No person may intentionally or recklessly engage in acts which endanger the physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating in connection with a school, college, or university. Under those circumstances, prohibited acts include any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, liquor, drug or other substance, forced confinement or any other forced activity which endangers the physical health or safety of the student.
• Whoever violates sub (2) is guilty of: (a) A Class A misdemeanor if the act results in or is likely to result in bodily harm to another. (b) A Class H felony if the act results in great bodily harm to another. (c) A Glass G felony if the act results in the death of another.