Do Universities Have a Duty of Care Towards Their Employees and Students when They Travel Abroad on University Business? A Critical Analysis of the State-of-the-Art and the Relevant Practice
Abstract
In the aftermath of Giulio Regeni’s death politicians and commentators have not been shy in blaming the University of Cambridge for not doing enough to protect a talented doctoral candidate who was conducting his research, which dealt with a very sensitive issue in an environment described as ‘at risk’ due to Egypt’s political instability and poor record on human rights. Besides the shock and sadness that the murder or Mr Regeni has sparked worldwide, this episode has also triggered some difficult questions for academic institutions, concerned with striking a balance between the need to ensure the safety of their personnel and the academic freedom that shall guide the choices autonomously made by every researcher. The present contribution moves from the assumption that the duty of care (DoC) is finally gaining momentum and is attracting increasing attention in the public and private sectors. Nonetheless, the inquiry concerning Universities and academic institutions in general remains utterly underdeveloped and the primary scope of the present article is to contribute to filling this gap. After introducing the key issues at stake, this article will focus in particular on three aspects, i.e. i) the legal foundations of Universities’ DoC; ii) the specific content of the DoC incumbent on academic institutions, paying special attention to the planning and risk assessment (i.e. which are the tools and methods envisaged to identify all the hazards associated with the work and then to assess the risks, universal, generic and specific, that these hazards present under the circumstances of the work?); and iii) the Universities’ accountability (i.e. the nature and extent of criminal and civil liabilities between the institution and the fieldwork participant).
References
References
Beus, J.M., McCord M.A. and Zohar D. (2016). ‘Workplace Safety: A Review and Research Synthesis’. Organizational Psychology Review 6(4), pp. 1-30.
Bhattacherjee, A. (2012). Social Science Research: Principles, Methods, and Practices. Textbooks Collection, Book 3. Available at: http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1002&context=oa_textbooks
Blay, S. et al. (2005). Torts Law in Principle (Andover, Sweet and Maxwell).
Claus, L.(2009). Duty of Care of Employers for Protecting International Assignees, Their Dependents, and International Business Travelers (London, England: International SOS).
Claus, L. (2011). Duty of Care and Travel Risk Management Global Benchmarking Study (London: AEA International Pte. Ltd.).
Claus, L. & Yost R. (2010). ‘A Global View of the University’s Duty of Care Obligations’. URMIA Journal, pp. 29-36.
Creswell, J.W. (2007). Qualitative Inquiry and Research Design: Choosing among five Approaches, 2nd ed. (Thousand Oaks, CA: Sage).
de Guttry A. (2015). ‘Introducing a new Set of Guidelines to Implement the "Duty of Care" of the EU Institutions and Agencies towards their Internationally Mobile Workforce’. European Journal of International Management 9(1), pp. 673-689.
de Guttry A. et al. (forthcoming). The Duty of Care of International Organizations towards their Civilian Personnel Sent on Missions (The Hague: Springer/TMC Asser Press).
Fisher, B. S. & Sloan J. (2013). Campus Crime Legal, Social, and Policy Perspectives. 3rd ed.(Springfield Illinois: Charles C. Thomas Publisher).
Goldberg, J. C. P. & Zipursky B.C. (2010). The Oxford Introductions to US Law: Torts (New York: OUP).
Gray, D.E. (2009). Doing Research in the Real World (Thousand Oaks, CA: Sage).
Guidance on Health and Safety in Fieldwork Including offsite visits and travel in the UK and overseas (2011), Universities Safety and Health Association (USHA) in association with the Universities and Colleges Employers Association (UCEA). Available at: http://www.ucea.ac.uk/en/publications/index.cfm/guidance-on-health-and-safety-in-fieldwork
Hammett, D., Twyman C. and Graham M. (2015). Research and Fieldwork in Development (Oxon: Routledge).
Kemp, E. & Merkelbach, M. (2016). ‘Duty of Care: A review of the Dennis v Norwegian Refugee Council ruling and its implications’. European Interagency Security Forum (EISF), available at: https://www.eisf.eu/library/duty-of-care-a-review-of-the-dennis-v-norwegian-refugee-council-ruling-and-its-implications/.
Kemp, E. & Merkelbach M. (2011). ‘Can You Get Sued? Legal Liability of International Humanitarian Aid Organisations towards their Staff’. Policy Paper issued by the Security Management Initiative (SMI).
Konrad, S. Alt (2002). ‘Managing Reputation Risk’. The Risk Management Association Journal 85, pp. 40-44.
Melear, K. (2002). ‘From in loco parentis to Consumerism: A Legal Analysis of the Contractual Relationship between Institution and Students’. Journal of Student Affairs Research and Practice 40, pp. 124-148.
Swartz,J. (2010). ‘The Revivification of in loco parentis Behavioral Regulation in Public Institution of Higher Education to Combat the Obesity Epidemic’. New England Law Review 45, pp. 101-137.
Williamson, A. E. & Burns, N. (2014). ‘The Safety of Researchers and Participants in Primary Care Qualitative Research’. British Journal of General Practice 64 (621), pp. 198–200.
Winston R.B., Creamer D.G. and Miller T.K. (2001). The Professional Student Affairs Administrator: Educator, Leader, and Manager (New York: Brunner-Routledge).
Yeo, S. (2002). ‘The Responsibility of Universities for Their Students' Personal Safety’. Southern Cross University Law Review 6, pp. 77-105.
Zipursky, B.C. (2017). ‘Legal Test Of School’s Responsibility In $41.5 Million Hotchkiss Case’. Fordham Law News. Available at: https://news.law.fordham.edu/blog/2017/03/29/legal-test-of-schools-responsibility-in-41-5-million-hotchkiss-case/.
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