After going through the organization’s appeal process in an attempt to have her membership reinstated, a former member filed a lawsuit alleging fraud and breach of contract.  The lawsuit alleged that the organization failed to follow their own internal rules and procedures in terminating the plaintiff’s membership. Throughout the appeal process and the lawsuit, the organization stood by their decision to terminate the plaintiff’s membership. The organization did agree to pay $5,000 to the plaintiff for a settlement, but did not agree to reinstate the plaintiff’s membership.  The defense costs in the matter totaled $66,207.

Two former members accused of hazing alleged that they were not given the required due process in their inappropriate dismissal from the organization.  An actual lawsuit was not filed in the matter. A claim was submitted and the insurance carrier assigned defense counsel who worked with the claimants’ attorney to prove to him that the members were given due process and the termination of membership was appropriate. The claimant’s attorney eventually dropped the claim. However, the insurance company paid over $5,000 in defense costs.  

Athletic sports embody everything about the competitive spirit while teaching players about team dynamics and the rules of fair play. But there is some degree of risk in playing the game – especially if the limits of strength, endurance and speed are pushed. “Athletes who push the limits sometimes don’t recognize their own limitations…,” says the Centers for Disease Control and Prevention (CDC). This can lead to injuries and illness, including sprains and strains, heat illness, concussions and heart failure.

Educational institutions, both public and private, and parks and recreation departments that sponsor competitive sports programs should have a safety and health program that promotes sound practices to help athletes play it safe and stay healthy. Programs may vary depending on the age of participants and the level of competition. In all cases, they should be reviewed routinely to help ensure they are current and comply with applicable state laws and athletic association bylaws as appropriate. They also should review the best practices promoted by athletic associations, such as the National Collegiate Athletic Association (NCAA), the National Federation of State High School Association, state high school and middle school athletic associations and coaches associations, among others.  

Coaches, athletes, school officials and parents all play an important role in helping to ensure safe practices in competitive sports. When a player is not playing it safe or a health issue or injury is suspected, the player should be taken out of play. In instances of an injury or suspected injury or health issue, the player’s condition should be evaluated (including, as appropriate, an evaluation by a medical professional) and the player not returned to the game or sport program until medically released for play. Coaches and athletes should be trained in the signs and symptoms of health-related issues during conditioning, practice and play, including for heat illness, concussions and heart failure, among others, and take timely and appropriate responsive action to help mitigate the health impact.

Athletic programs should include sound risk control principles to help in injury prevention. Some program principles include, but are not limited to:

● Provide planned and supervised conditioning, practice, competition and travel
● Comply with applicable state laws and, for NCAA member institutions, all NCAA bylaws

Concussions can be silent villains – the signs may not be readily detected. They can lead to brain damage, paralysis and, in some cases, death. To help coaches, athletes and parents identify and respond to concussions, a number of organizations offer information on concussion prevention and management, including the NCAA and the American Football Coaches Association. Additionally, the CDC, in partnership with leading organizations and experts, also provides Heads Up: Concussion in High School Sports. In addition to knowing the symptoms and what to do in the event of a concussion, “Heads Up” recommends a four-step Heads Up Action Plan before the season starts, as well as educating athletes and parents.

An athletic program based on sound safety and health management principles can help schools and park and recreation departments play it safe!

The information provided in this document is provided by Travelers and is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

What we have learned from the fall semester of 2020 that can help our clients as they potentially re-open in 2021:

As in all things during the pandemic, it is critical that you be aware of what your national organizations and institutions are doing in terms of COVID-19 guidance and recommendations. The Greek system continues to be looked at for their leadership, and it is a great opportunity for the Greeks on every campus to show their support for the well-being of the fellow students, the campus and the broader community.

We also recommend that you review the American College Health Association’s Guidelines for Reopening for Institutes of Higher Education for the Spring Semester 2021.

Important reminder: As always, check with your national organization regarding any and all COVID-19 risk management advice before proceeding.

We have recently written up our position on the ability of employers to require their employees to take the vaccine. We are also beginning to get questions about whether the sororities/fraternities will be allowed to also require their members to be vaccinated.

In December, we took the opportunity to discuss this matter with three university administrators from a public institution and one administrator from a private university, along with extensive research on this developing subject, to get a feel as to what the university community was considering on this subject of requiring its students to be vaccinated before they can continue to be on campus.

What follows are some questions and responses that we posed:

By what authority do institutions of higher education (IHEs) currently hold the power to require the vaccinations that pre-COVID were already in place?

This authority comes from each state’s Department of Health: a public institution generally follows the guidance, whereas a private institution is able to require more vaccinations than what the Department of Health addresses. There also exists a statute that allows governmental entities such as a university to engage in “all acts necessary” to preserve the health and safety of its students and employees dating back to the early 1900s.

Currently do IHEs allow for exceptions to their vaccination policy and, if so, what are they?

Yes, each administrator responded that exceptions are allowed. They are 1) for health reasons in which an individual has reason to believe it could put their health at risk and 2) for religious beliefs that are inconsistent with taking vaccines. We did hear that very few of their students seek exceptions. According to Peter H. Meyers, an emeritus professor at the George Washington University law school and previously served as director of the law school’s Vaccine Injury Litigation Clinic, 95 to 99 percent of students will not fit into the narrow categories of exemptions that are allowed.

Do you anticipate offering additional exceptions for the COVID-10 vaccinations to your faculty and staff ?

One administrator acknowledged that they anticipate allowing the faculty and staff an exemption based on what is being referred to as “philosophical disagreements” against the vaccines, which will probably not be offered to students. Another university stated that they would just consider that type of exception as a medical reservation instead of a separate item.

What do you anticipate your university will be doing this spring on requiring students be vaccinated?

It is unlikely that they will mandate vaccinations especially since drug is only being offered under an “emergency use” category and the student population won’t have access to the vaccine for some time. They do sense that the university will encourage the vaccines but not require them down the road, short of any governmental direction to the contrary.

What impediments will there be to ultimately be to actually require the vaccination of all students/faculty and administration?

The current status of the vaccination application is termed “emergency use.” In ordinary circumstances, the Food and Drug Administration (FDA) will then move the drugs to what is termed “standard approval,” and the masses would then be eligible to take the vaccination. There is some pretty strong concern that because of the fact that the drugs haven’t gone through the normal three-year trial period that the FDA may not any time soon declare the drug for “standard approval,” which will certainly slow the acceptance of the vaccination.

How have the IHEs handled the flu vaccination previously?

What seemed to be the consensus is that many of both the private and public institutions did in fact require flu vaccinations last fall of both students and administration/faculty with very high acceptance rates. There is doubt however that this will play out the same way with the COVID-19 vaccine.

Students won’t necessarily be considered for vaccinations until late spring/early summer timeframe, so should we consider the vaccination matter at a later point in time?

Unless the student has underlying health issues, this is likely the case.  We have read that the American College Heath Association (ACHA) has requested that the CDC Advisory Committee for Immunization Practices (ACIP) consider recommending students be vaccinated prior to the end of spring semester 2021. This addresses the students returning home and/or moving elsewhere and exposing other communities at large.

There is no question that the sororities will need to once again be familiar with what each IHE is doing as they develop their guidance for each chapter. As noted above, we may see differences develop between private and public IHEs, along with local conditions regarding the spread of the virus. Any discussion is premature until the vaccine becomes more readily available to the age grouping of college students.

We have also had some fraternal related questions that we would also like to address:

If a university requires the COVID-19 vaccination and requires proof of the inoculation, can the sorority and potentially the house corporation rely on that or should we also secure a proof?

We believe that you can rely on the university managing this risk accordingly.

What if the university choses to not require the vaccination, but we determine that it is in the best interests of the health and safety of our members to do so?

As a private organization, you will be at liberty to make these determinations. Will it become a condition of membership for the member to consider? It will be recommended that you also explore what exceptions you can offer, not unlike those that employers are obligated to offer, such as: 1) health reasons as the vaccine may pose a threat to the individual and 2) religious reasons. There does also appear that one other possible exception is being considered which is based on philosophical disagreements, but not necessarily encouraging you to incorporate. We are already hearing reservations on social media, which do not appear to have any scientific standing.

As with all things COVID, things will develop and evolve on this subject and we can hope that the IHEs make the calls that will help our clients better manage this exposure. As there are new developments, we will provide you with updates accordingly. We are also working with Michelle Anderson of isher & Phillips on some possible “templates” that may be used on this subject so look for additional information.

Please don’t hesitate to contact your Client Executive with any further questions or concerns.

We have received several questions from our clients regarding coverage for an individual on staff serving as in-house counsel. I have approached this question from two different angles:

The first issue to resolve is whether either status of “individual” is covered by the insurance policy. To that end, the following statements describe how individuals are covered under the General Liability, Umbrella and Excess Umbrella policies:

Secondly, there is no exclusion for professional services under the Bodily Injury, Property Damage and Personal Injury provisions of the policies. Thus, the current policies would provide coverage for liability allegations if the individual is an employee or leased worker of your organization.

We have to look separately at the Directors and Officers and Employment Practices Liability policies. These policies contain the following provisions:

We are confident that any employee while acting within the scope of his/her duties would be covered under all of the insurance policies that are secured by the organization. Should the status of the individual be something other than an employee, that situation is less conclusive. Should you have further questions or concerns, please do not hesitate to contact us.

We fairly regularly receive questions from members and alumnae regarding the use of individual’s personal homes for chapter events. From a risk management standpoint, we have a few different opinions based on the type of event being held. However, regardless of the type of event being held (whether it be a philanthropic fundraising event, an alumnae chapter meeting, or a recruitment event), the important thing to remember is that the homeowner would be responsible for any bodily injury or property damage that might occur from the actions or inactions of an attendee at the function. The homeowner, by hosting the event in their home, takes responsibility for any injury or damage that occurs during the event. Presumably, their homeowner’s policy would serve as the appropriate way to handle the incident.

We highly recommend that the event organizers advise the homeowner of this information prior to the event, so the proper expectations have been set beforehand. Obviously, this might convince some volunteers to rescind the use of their home, but this alternative is far better than having them upset when we decline a claim that developed out of their event in their home.

If a function is planned at an individual’s home that rises to the level of a significant event with many attendees, such as a fundraiser, we would highly recommend that there be a specific contract in place between the group and the owner of the home listing the terms and responsibilities of each party to the contract, such as provisions that clarify which party is responsible for any bodily injury or property damage that comes from the event. If you are contemplating this type of event, please contact us as early in the planning process as possible, so that we can address the necessary insurance verbiage and requirements upfront. If we deem that the exposure is outside of the normal level of risk, the insurance company may require some additional premium.
The other potential exposure that must be properly addressed is the matter of catering and the serving of alcohol at these events. In these cases, both the organization and the homeowner would need to take the appropriate measures to ensure that both the caterer and who ever serves the alcohol has their own insurance coverage in place to cover their actions.

Should you have any questions or concerns, please do not hesitate to contact us.

ChubbWorks (www.chubbworks.com) is a critical component of Chubb’s Employment Practices Liability Loss Prevention Program. This free Web site, created specifically for Chubb employment practices liability customers, is an on-line resource for companies seeking assistance with employment issues. ChubbWorks offers self-registration, web-based training modules, model employment policies, procedures, and forms, a checklist database, as well as access to an extensive library of employment articles and valuable publications. 

Follow the following easy steps to enroll and to get the most of the training features: 

Part One: 20 minutes. Assessing your response readiness in the event of a natural or man-made disaster and having a plan to close gaps can help provide quick recovery and business continuity. Part 1 of 3.

Part Two: 11 minutes. Conduct a business impact analysis and develop recovery plans around critical business functions to minimize business interruption. Part 2 of 3.

Part Three: 11 minutes. Business continuity planning includes prevention and mitigation controls, including gap analysis, adding controls and testing your plan for improvements. Part 3 of 3.

A resource developed for universities from Travelers, the insurance company for MJ Sorority clients, much of which is applicable to sororities as well.

A resource from Travelers, the insurance company for MJ Sorority clients, with tips for communicating with the media during a crisis or emergency.

Risk management resource geared toward college administrators, but equally applicable to sorority leadership from Travelers, insurance company for MJ Sorority clients.