tv Look Before Leaping CSPAN September 17, 2016 9:00am-10:01am EDT
correctional facility in "blood in the water." watch the announcement of the national book awards lye on c-span2 -- live on c-span2 on november 16th. many of these authors have appeared or will be appearing on booktv. you can watch them on our web site, booktv.org. [inaudible conversations] .. holds bs in
>> thank you for all you guys, your first time, this is really important and walk away with information and help you reduce your risk and liabilities, and in the united states, could be relevant to the us. before we get deep into the present -- presentation let me tell you about visionary consulting partners, a very diverse rate of services. i won't take a lot of time to
talk about the industry practices. and evidence-based management and sticking to the strict program management methodology, this slide gives a better indication of the kind of work our client as you can see practice these management technology projects and program management, just a few areas we do in the federal domain. and in state and recently almost almost to the exact date.
and this was a very good topic. in september of last year, what we know now, i wish we had doctor gregory malveaux with us as a consultant as we journey into this world, our client, usaid that we won contract with and work in collaboration with, 13 individuals which in these areas we call the map of influence. as we broadened and started that work, a number of areas we didn't know what we didn't know and sometimes you jump with both
feet in and that is what we did and there was a lot of discovery on the way. it is important we take this opportunity to share information with those, and continue doing international contract work. and doctor gregory malveaux is professor at montgomery college studying abroad coordinator, and education director, for a decade and a half, over 60 countries, led business, faculty and community-based programs to africa, asia, central america, south america and europe and the global system, oversee studies in africa and southeast asia, us
business department, a study abroad specialist in american higher education. he dedicated to cultivating lifelong service to overseas opportunities. i would like to take this time to join you in welcoming gregory malveaux. [applause] >> thank you for having me, giving me the opportunity to learn. it is my pleasure and i want to thank gregory malveaux for the opportunity. carter mcclure as well. i appreciate it, thank you all who are here, c-span for being here, and it is set up.
we shall start here, in terms of the presentation as i go into the presentation i want to reiterate scratching the surface here in terms of mitigating risk and oversee concern, as we take this journey together i want you to consider what questions remain at the end of our session, certainly a good deal through my book, you will find additional information, i encourage you to consider "look before leaping: risks, liabilities, and repair of study abroad in higher education" at the end of the session or discussion. with our presentation we are
going to look at a number of different issues that we have here from recent lawsuits, look at that from case studies, best practices to manage those risks and i will go into examining medical issues and we will look to the top five best practices as well. first case i would like to look at his king versus the board of michigan university which survey lawsuit in 2002, and with this particular case, federal district court ruled members indifferent to correcting a hostile environment in south africa to a program at eastern michigan university and its
provider, and violations occurred, sexual harassment of female students. i bring this also because this could occur with a business manager or group who face such a situation. it would be title vii violation and we will talk about title ix, title vii as we go forward. african-american women on this program, a 5 week program and professors were leading it, names like doctor klein and doctor oka for, they went as a group to oversee south africa and things went awry by the first week. first week of the program a male student had entered without knocking, without invitation while a female student was in a room sleeping, entered the room.
during the first week a number of male students's name is referred to students with gender specific names. when female students asked to be called by name the males became more disrespectful. the program only deteriorated from there and doctor oka for did nothing to correct the situation. male students solicited south african women for sex. women students were offered for
sale in south africa and stopping in front of the liquor store. when female students approached doctor okafor to end the situation nothing was done. the plaintiffs claimed a hostile environment ensued and affected their ability to take advantage of the program. the courts agreed and the court felt the institution by the program under control of the university in every respect. every moment of inaction by doctor okafor who represented the university to stop that sexual harassment showed negligence for the university. this could also be an
environment that can ensue for many groups or business employees, not just students, universities as you know see themselves as a business. i asked to take similar approaches. so best practices to minimize such a thing as the king case, we want to think about extra territoriality, title vii, use of your authority. title vii and title see compliance with further slides along with best practice in housing authority. continuing, you want to apply --
let me rewind. this lawsuit involves faculty leaders and student participants it is instructive for business managers and employees who need to embark on overseas ventures and seminars, conferences, training sessions and activities, overseas conduct and regulations, that is what extraterritoriality is in a nutshell. extra, regulations and laws which are federally funded programs that must also ascend overseas. more and more the court are expecting and affirming extraterritoriality must exist. such cases occurred -- st. louis university, third versus lewis
and clark college, all the judge is expected the same care for participants overseas. lewis and clark college, the judge maintained, it was poignant, if extraterritoriality is not effective, overseas programs would become the proverbial floating sanctuaries, on high seas. continuing, we also want to make sure best practice to remain title vii compliance while overseas, title ix is what i brought forth in the king case but title ix goes a bit further. i will define it more for educational programs. in a business we deal with title
vii, title vii's federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion. it generally applies to employees with 15 or more employees where title ix is more educational, in other words the law prohibits discrimination on the basis of sex in educational programs and activities rather than public or private schools. in any case, whatever title vii policies you have in place in the us, prohibits employers from discriminating against employees and must be replicated overseas. another best practice is to
follow equal opportunity employment regulation so eeoc states it is unlawful to her as a person, applicant or employee because of that person's sex the latch harassment can include unwelcome sexual advances, requests for sexual favors and physical harassment which we want to keep that in mind as well. very important is the usual authority at best practice, you need to use it. in addition to following title vii regulations, how you use your authority, employees are going to respect that for an environment and coworkers much more. good things can diminish when the environment is compromised. you need to keep the environment
in place. second, in terms of using your authority to keep things abroad, structure of the work program, at the appointed time, out of office, other employees may become infuriated and agenda items may not be met in a timely fashion. what can occur? demand for partial or full compensation for people's time, personal funds and it might be in the form of litigation. you want to keep things on track with overseas programs. here is what business managers should do to every these issues. to be willing to wield your authority to maintain integrity of meetings, workshops,
activities in an unhealthy environment and set your self up so your program conduct forms, risk of earning documents around that authority. what you expect and what you can do if others don't meet those expectations. in my book "look before leaping: risks, liabilities, and repair of study abroad in higher education," i have another excerpt to give testimonials, there is a program where there is a literature program on campus and students attend that. he has a policy for that, dismissed students, takes the same policy oversees and connects with his class, with students in london as well using that policy and they pay to go home on their own dime. if you put it in writing and they sign it, same goes for the business world.
employees expect overseas training should be well managed, but it applies for anyone who goes overseas and anyone leading overseas. now that i have covered those best practices i would like to go to another case at duke university. let's consider that. here are the events that happen, duke university participant lost his life on an organization of tropical studies in costa rica in 2012 and consequently his family filed suit. here the events that occurred during that program. towards the end of the semester in costa rica, they took their students on a celebratory trip
to a beach in south-central pacific coast. the beach was not on the program schedule, had not been publicized to go there in advance. students were told at the beach it was safe to swim in the water but there were some rip currents and if they got caught in one to swim parallel to the shore. randy was caught in a rip current and pulled 300 yards away from shore, treaded water for 30 minutes and waited for help and drowned. one day prior to his departure to go back home after a semester in costa rica. the complaint notes every website or brochure that discusses tortuga mentioned dangerous rip currents and
swimming is not advisable and it is dangerous that there are no lifeguards on the beach. when parents arrived in costa rica to the beach where their son was last seen they joined the red cross in search of him as well as the coast guard and duke notes he agreed to give them water, flashlights and such which never arrived. the headlights of their cars that evening to try to locate him which they were not successful and the next day at 5:30 in the morning a local fisherman found the body. the care of the body with a concern. he was transported back in and open pickup truck in 90 ° weather, possibly 41/2 hours, and in the front seat of the
truck. and clearly some best practices could be abided to such tragedy. best practices like knowing your foreign institution partner and strong partnership, knowing foreign laws and cultural awareness and emergency response plan that is strong and in place are necessary. in terms of foreign institution harder ship, know the policies and practices of foreign-policy institutions. when it comes to institutions they should give challenging academic campus learning outcomes and experiences and giving cultural interaction. in the is in this realm, you have definitive goals and objectives that are made known for your partnering institution
to fulfill. in higher education we expect each student should have a signed counselor to meet with periodically at least once a month, consider the business realm, that there are organized or planned interactions with employees should sustain with members of partnering institutions in addition you should have a close working relationship with your partnering group, quick access to them, ability to talk to officials on a dime. in addition to all of that make sure you visit the foreign institution facilities and accommodations in advance. let's continue best practice assisted in terms of case of foreign laws and cultural awareness, make sure you have
keen cultural awareness to reduce risk and liabilities and remain aware of these things, the us state department exerts warnings you must know about for that region and you must the regional and national policies and laws in that area. perhaps that beach wasn't even a place that was a lawful place to swim. standards of acceptable conduct may conflict with us practices when you are overseas. for example, i noted in my book "look before leaping: risks, liabilities, and repair of study abroad in higher education" another case from antioch university. in this case, a student had gone overseas for a semester, for a two week program, and was encouraged to interact and speak with the natives as much as possible. in an effort to do so she
invited a local bus driver for tea which seems innocent enough that sadly enough she was raped while in the gentleman's apartment. one came to discover that accepting an invite to a man's apartment to t is basically giving consent for sex. in that culture that is how it works. she didn't know that. while flattery was in the hospital in care, being treated, program leaders collected all the other -- informed them never to accept invites to men's apartments for tea at that point but the damage was done at that
point. the area's history and government. with those things you know the culture. remember with this particular best practice you need to be willing to do a lot of research to accomplish best practice or research research research for you go to that location. you need to have as best practice risk assessment and emergency response plan in place. as part of an emergency response plan, for everyone who is involved with going overseas they need to have an emergency evacuation measure, whether natural disaster, terrorist attack, break out of epidemic or fear of injury, someone who is part of the group must require participants to obtain emergency
evacuation insurance. briefly it reminds me of the situation at the university of florida which i address in the book, developing country environment, so she was doing studies by a kerosene lamp floated and she was severely burned, there was no medevac place or waiver at all. the university of florida took it upon themselves to pay the $50,000 to medevac that student for treatment but you really should have it in place. it would have saved themselves a good deal and it is sad that there was any cause for that.
so it may not skip ahead too much. in addition, in terms of risk assessment in emergencies, emergency response plan should be evident to a committee and clarified in a handbook or policy, committee members need to be on the ready to carry out emergency plans including moments where communication is lost and cut off with the group abroad. essential background information and contact with participants must be collected to be accessible to those at home and abroad. a student may have a preexisting medical condition and it has nothing to do with the program or conditions overseas but if you don't know why this person is suffering you really need to be able to contact a relative, parent, spouse to figure out what is going on.
you don't want to be out there and have guesswork, you really don't. make sure to inform participants and remain vigilant with often overlooked issues that can occur, kidnapping, human trafficking, identity theft, these are dominant risks and legitimate threats for americans overseas. also that institutions that you know so you can quickly ask if an emergency arises. i will give you another example, with my own study program i had a student who went to new zealand and five years ago there was a horrible earthquake in new zealand and my student was there. the campus was destroyed. fortunately he was not hurt from the earthquake but his campus
was in trouble. what was great was partnering agents i worked with immediately have a backup plan and said if the student is willing we can send them 100 miles away to another school, another college if they are ready to do it so i talked to the students, i was in america, he was overseas, he was ready to do it, not too shaken from his experience. when he came home after a semester he like to brag about the fact that not just one but two overseas educational programs to conquer and fulfill his destiny but you need the group that can go in place and have a backup plan because disasters can occur. the couple points, be aware of military bases and work through the department of defense and state department provide
emergency evacuations or emergency evacuations through state department so we have law enforcement located, law enforcement, wherever you are, know where law enforcement is located, and enrolling step. let me tell you about step. step is the smart traveler enrollment program provided by the us state department. this is one of the best protected measures you can take, benefits in terms of enrolling are such you will get prior to departure important information from the embassy about safety conditions at your destination, helping you to make informed decisions about travel plans. when you are overseas the program helps the us embassy to contact you in case of an emergency whether it is a natural disaster, civil unrest
or family emergency you need to know about and insist family members and friends get in touch with you with an emergency. a person overseas is quick and easy access and notifications for step because it allows you to upload and add to your smart phone, notifications to your cell phone and notifications through social media so they have it set up to facebook and twitter. i provided the link here for step for your convenience as well. very important. i would like to transition to another area of the presentation and look at medical issues we want to consider in mitigating such risk. a little food for thought in terms of medical issues. you could feel more threatened
by a mosquito then you should of a terrorist. billions of people die every year from mosquito borne illnesses as noted by the world health organization, yet in comparison, the national consortium for a study on terrorism, 2001-2014 discovered a mere 105 americans die from terrorist attacks overseas. not to minimize the risk of terrorism but there is a major difference in terms of losses. the good news is the massive risk that comes with mosquito borne diseases is very preventable. added risk come with more exotic regions of the world. with regards to greater risks with more exotic regions, here
are some statistics with my book "look before leaping: risks, liabilities, and repair of study abroad in higher education" much of which comes from the institute of international education so participants pursuing more exotic regions, the same is holding true for business groups that desire to expand their markets and go overseas as well. in fact some numbers for you. there were 4% fewer american students who studied abroad in europe. europe seems to be the place that was typical for study abroad. through 2008-2009 the number of students in asia increased, those in south america increased 13% and those who went to africa to study abroad, 15%, these are
dominant visionary consulting partners, regions of exploration as shown on their map here. business managers and employees need to be aware of her native risks and take things cautiously with overseas ventures in these regions, should be emphasized with any overseas venture but with more warm, rural climates of additional emphasis should be stretched. so the threat comes from old and new just because we have a certain disease that has been around for a long time does not mean it is gone or eradicated. it comes back and shows its ugly head in another fashion. malaria. it is estimated in the us, it
was eliminated in the us in 1951. malaria was eliminated. however, 1500 to 2,000 americans in america have come forth with malaria. these are usually people who travel and return but we have 2000 cases a year of malaria in america. malaria infections are characterized by fever, headache, muscle ache, chills, fatigue, vomiting and could be more severe like behavioral changes, confusion, seizure, respiratory failure, kidney failure, coma and shock. malaria can lead to death if not treated. malaria in areas such as africa, south america and asia are high risk and social immunity is developed during years of exposure to the parasite no one becomes fully immune to malaria.
considering the old and new let's look at the new. the zika virus does threaten all the way from argentina to the southern states of america. now cases have popped up in florida. are they contracting it in florida, not just overseas? hundreds of thousands of people will be infected by this threat. by the time it is over they expect billions and no vaccine exists to prevent zika, however in this area, this is an area of the visionary partners is interested in pursuing to further investigate. how zika is preventable is to avoid mosquito bites.
to give background, a bear with the zika virus can pass it on to a sexual partner, pregnant women who have the zika virus on as well during pregnancy causes severe brain defects. in addition, an interesting fact is to date there is no report of an infant getting the zika virus through breast-feeding. because of the benefits of breast-feeding mothers are encouraged to breast-feed even in areas where zika is found. continuing on here. best practice is to follow the lead of the centers for disease control and prevention.
it is a good idea to consult your doctor four to six weeks in advance of going overseas to know what vaccines and medications you would need and the cdc is a great resource to consult as well. the next slide gives a sample posting of vaccinations and medications before going to ethiopia. i chose that country in part because this an example shows the location that shows visionary consulting partners will visit and attempt a set -- to set up shop which here is your sample of cdc guidelines, usually something provided for all travelers and ethiopia, they give a number of different vaccines and they name the different diseases one can
contract and they go aside from all travelers, most travelers receive something like hepatitis a. also beyond the cdc the passport health group is a great resource. if a participant is unable to obtain necessary inoculations through a personal physician, passport health relies reliable healthcare services including immunization. this company has 230 clinics, there's a chance you'll find a clinic close to where you live and keep in mind individual reactions to inoculations very so you will get those immunization and medications prior to departure, well before.
i give you a link to passport health as well for convenience. let's keep proper perspective in terms of risk overseas. we don't want to go too far with this. not every region of the country has the same disease threat and we can't discount an entire country or continent has unsafe to travel due to an issue in a separate region. i will give you an example for my own experience, with the outbreak of the ebola virus many college and university officials deemed africa unsuitable because ebola was on one part of the continent. the whole continent, they felt, was an issue. this is an alarmist attitude. proper research wasn't done. consider from a different angle, the outbreak of the zika virus in the southern states of america, should african nations
in the continent of north america unsuitable for travel? similarly business managers need to do necessary research to know what areas to avoid due to this, proper research. >> best practice in terms of medical you want to specify your disease threat and the risk of documents, be very up front with it. documents and examples are in the book "look before leaping: risks, liabilities, and repair of study abroad in higher education" as well but to name it straight out, these risks as well, might mean you have a third waiver, not just the general one but one specific to that region of the world.
let me close with the top 5 best practices, we want to delve into and consider. number one, no 911 in that country. know their version of the emergency number, the us state department put out a pdf, emergency pdfs for your perusal. i think the web link is provided, that you make a copy and bring it with you. here is an example of the listings of their numbers. american samoa has 911 connected with us but others have different numbers. not the best practice to implement, or be a noncombatant
evacuation operation, locations and how to receive notifications if emergency evacuation is made available to you as an american citizen. if you need a quick exit us military bases will evacuate americans are free. this is helpful when the country at airports shut down joint chiefs of staff in november put out a full report on their functions, the link is provided here. best practice, third one, social media is our friends. here in america we get tired by social media that may come from family, friends and acquaintances but this is a true asset when you are overseas so twitter, facebook, snapchat, yod
from his roommates and died that evening and did not make the orientation session next day. do not leave your partners at parks with local citizens no matter how kind they might seem. think of natalie holloway who went to aruba with friends at a nightclub. she was seen leaving with three men in a vehicle, 3 locals, she did not make her plane and she has not been seen since. always triple up, stay together. step, have to put that back in, we discussed it. step is important for best
practice and once again, know your best practices. you need to have reliable delivery and selection of partners as you do this. i have given you 5 best practices here, another 23 in "look before leaping: risks, liabilities, and repair of study abroad in higher education" if you get an opportunity to look at that. potential agencies and partners to consider, we talked about that a good deal as well but i would like to discuss at the bottom of the slide that these are potential partners or groups that experts including those in "look before leaping: risks, liabilities, and repair of study abroad in higher education" put forth such as the american institute of foreign studies, council on international education exchange, international studies abroad,
more groups are listed in "look before leaping: risks, liabilities, and repair of study abroad in higher education". as you do this, think about choosing a strong team, know the best practices, 13 in places willing to follow those practices. those who judge more overseas are open-minded to cultural and so forth. we call it cultural competence. this is an ability to interact with different cultures. it comprises four components, awareness of one's own cultural worldview, attitude towards cultural differences, knowledge of different practices and worldviews, understand cross-cultural skills.
in my field the best travelers are students, not my colleagues. my colleagues often times are not as open to try new food and experiences and complain about conditions expecting a four star hotel. or better. i have to explain four star in guatemala is not four star in new york city and such u1 at orientation or your vetting process make sure people are aware what to expect and be open to that. thank you for this time, this opportunity to speak with you and i want to thank kelly for
having me, appreciate that, eleanor thornton, her husband michael as well who has been very supportive with this, certainly carter mcclure, those from c-span, thank you for being here and joining us. thank you for your time and lending me your ear and if you again desire more detail in understanding mitigating overseas risk i encourage you to get a copy of "look before leaping: risks, liabilities, and repair of study abroad in higher education". i will have copies. i learned from the best. i will have copies at the end of the program if you desire to have a copy and you can find me online at my website, www.
studyabroad prof.com. thank you for having me. [applause] >> we will take questions. any questions, this is the time to ask those questions now. you brought up the cases, what were the fines levied, what happened to the university that were found negligent and have they rectified those problems? >> courts are complicated. sometimes you don't know. a lot of lawsuits end with things settled out of court or an amount is not disclosed.
>> someone did the program change for students, did they plug the gap you mentioned? >> they do learn from the errors. last thing they want is for that to these publicized. they have no choice but to make changes. the case of this university they altered their risk assessment documents online and made different changes and hope there emergency response will be a better one in the future but once it becomes public they do make changes. duke has addressed that and others. eastern michigan university, that was addressed and they do not have one faculty leader
anymore and they that those leaders more from what i understand. >> one thing i see missing is not engaging the diaspora. their own thinking to implement in the community which doesn't work. is that practice getting attention? not so much? >> would you like me to? >> i will use as an example for this particular scenario what
they do it is essential with reasonable confidence to go forward and they have a section devoted to it on their website. i won't say they test you on it but they are asking things to assess your awareness. we had a discussion about ethnocentrism. that is the big thing it could be worth if it does incur. we see the recognition of what they do on a global level. >> they have been very confident. >> the definition of cultural confidence going into a region with preconceived ideas and cultural beliefs and being able to step back away from that. >> the other thing they were
doing, their first acquisition conference in victoria, africa, first time they have ever gotten all the mission directors together in one place, specifically to introduce and explain how business is done overseas to the american business coming. it is unlimited to small businesses cutting the number down to 200 going over but that is the focus of -- typically because americans don't necessarily know how to deal with a different culture a different agency, they are just as right in their setting as we are in hours. >> to go to south africa, two or
three employees will be found in south africa. i have never been to south africa and we will get this information. gregory malveaux has provided to us for south africa, and what we are also going to do, based on this information i have received we are tearing that contract apart. plugging any holes we might have to do as much as we can to reduce our liability. what does that come back to? we will hold onto that. again, when we started in september of last year we need more out of these things. as i was leaving for what i said
it is frightening for me to say we are really fortunate. that is what we are doing and let's bring people here, didn't even stop to think you get your reward, what do you do? you have it on board and are going to execute. sometimes you don't take that moment to take a step back and look at those risks and liabilities. i hope it has been helpful for folks, if you are considering stepping out, this is what we want to bring to you so hopefully you will get them. thank you. [applause] >> any other questions? >> i have one. you indicated you had additional best practices in your book.
do you advocate drafting and executing and updating as you go along a list of risk management plans? >> i have a tightknit relationship with legal counsel in my college, we go back to that form all the time because the risks are constantly changing and altering. you never know. it has been a difficult summer with terrorism. certain regions where i sent students prior i can't or might approach in a different manner so i am consulting them and we have a push/full relationship because i want as much opportunity presented to students but legal counsel can say we need to have these legalities as well and this is the language we have to use, we have a great marriage in terms