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Risk Management:Musings from the Nat Org I Chair

daemon@ATHENA.MIT.EDU (Brooks L. Moore)
Tue Apr 22 15:54:38 1997

Date:         Tue, 22 Apr 1997 15:52:21 -0400
Reply-To: "Brooks L. Moore" <bmoor02@EMORY.EDU>
From: "Brooks L. Moore" <bmoor02@EMORY.EDU>
To: Multiple recipients of list APO-L <APO-L@VM.CC.PURDUE.EDU>

Hello, APO!  Let me first say hi to all the members of the Nat Org I
committee from nationals!  Drop me a line sometime!

Now, the more important thing on my mind:  Risk management.  Folks, until
I worked as the nat org I chair in Phoenix, I had honestly never given two
thoughts to risk management, even though I myself have been to the
hospital both as friend and patient in the name of APO.  But, after
hearingthe horror stories of my fellow committee members, and of others at
the convention, I have become a convert to the Gosphel of Managing Risk.

Unfortunately, I've seen that my zeal for this hot topic is not shared by
most of my brothers.  Or, if it is shared, there is a great deal of
misunderstanding about this topic in general, and our national risk
management policy in particular.  I'd like to give y'all some of my
musings on this subject.  Keeep in mind that 1) I'm not an "official" in
the faternity, so I defer interpretation to Wilfred et. al., and 2) I'm
not a lawyer.  These thought just come from my experience and from
building the risk management policy into what it is:

1) IS THE RISK MANAGEMENT DOCUMENT OPTIONAL?:  Most people already know
the answer to this -- NO.  Each chapter MUST adopt the national risk
management policy as their MIMIMUM.  I'm imagining failure to do so is
grounds for charter revocation, or at least a really nasty tonngue
lashing.  One problem that's come up -- we never included a due date to
return a signed copy of the documant to nationals.  I've heard some
chapters doing it immediately, some waiting until Nov 15, when everything
else is done.  I STRONGLY encourage the national office to clarify this.

Also, note I said the national documant is a minimum.  If you want to go
over and beyond it (although the thing is pretty darn comprehensive), you
can.  But you can't fall short of it.  The only addition I recommend is
one that came a hair away from being included in the final document:  HAVE
EVERY MEMBER OF THE CHAPTER --  PLEDGE, BROTHER, ADVISOR, AND ACTIVE
ALUMNI,  READ IT AND SIGN IT.


2)  IS THE RISK MANAGEMENT DOCUMENT A LEGAL DOCUMENT?:NO.  This surpprises
most people, but this one I know is fact, coming to me from lawyers.
Having a risk management document does not eliminate the chance of a law
suit hitting you or your chapter.
        Remember, the risk management policy's NUMBER ONE GOAL IS
EDUCATION.  We want there to be some level of understanding in chapters so
that risky situations will never occur.  Recognizing that accidents can
happen, here are some scenarios:

YOU HAVE A GOOD CHAPTER WITH A SMART PRESIDENT, MVP, AND ADVISOR:  These
are the three people who sign the document, officially.  They are charged
with educating the chapter on therisk management policy.  IF they are
smart, they have doggedly pursued EVERY member of the chapter, making sure
that they have all read the document and agree to abide by it.
        If this has been the case, most likely the individuals involved in
the accident would be responsible, particularly if they acted in a
negligent way.  The other chapter members, if present, also have an
OBLIGATION to put an end to the "risky business."

IF YOU HAVE A CHAPTER WITH NOT-SO-SMART MEMBERS LISTED ABOVE:
IF the president, MVP, or advisor is not so smart, and hasn't hounded
you to read this document, it's bad.  Because the national fraternity has
a national risk management policy, ignorance can no longer be used as a
defense (if it ever could).  This means that all of the chapter would be
left open (becuase they didn't stop a risky activity) and it leaves these
three officials even MORE open (translation:  YOU WILL PAY MUCH BIGGER
LEGAL DAMAGES).

RISK MANAGEMENT AND SERVICE/FELLOWSHIP:  Pleae be sure to rad the section
on transportation, and how the risk management policy holds individual
drivers responsible for their behavior.

Does your chapter have safety gloves? Eye protection?  A first aid kit?
If you work with tools (power or non-) at a project, are your members
adequately instructed before they are allowed to use equipment?  If you
play touch football for fellowship, do players have mouthpieces?If you
have an alumni cookout, do you have a copy of the risk management document
present for them to read?

If you answered no to any of the above, you could be in violation of the
risk management policy, which calls for workers to be protected, and for
all visitors to be aware of the policy.
MODIFY YOUR CHAPTER BUDGETS TO ALLOW FOR THESE EXPENDITURES!!!


RISK MANAGEMENT AND PROPERTY:  Note the section stating that the
fraternity assumes no liability for personal property used by members of
the fraternity.  THIS INCLUDES MONEY!  In other words, I'd make sure your
treasurer knows how to reimburse you, and if and when s/he can reimburse
you, before you volunteer large sums of money for fraternity use.

NO "ALPHA PHI OMEGA":  If you sign a check, sign a contract, make a
reservation, or do anything else that requires the fraternity name, you
are REQUIRED to sign as "Alpha Phi Omega, _______________ chapter."
"Alpha Phi Omega" makes the national fraternity liable.

My apologies for this longish message, but I hope it's worth it.

                !!NO ONE EXPECTS TO BE IN A LAWSUIT SITUATION!!!

PROTECT YOURSELF, YOUR CHAPTER, AND THE APO FRATERNITY AS A WHOLE by
developing a strong risk management policy!

I would be happy to give you my opinions on your risk management concerns
(tho' like I said, it doesn't constitute legal advice, and is non-binding
-- gotta manage my own risk!)


THANKS!
Brooks Moore
(bmoor02@emory.edu)

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