460.000 - Risk Management
The College shall develop and implement procedures to eliminate, mitigate, control, and manage risks to the physical, human, fiscal, capital, and environmental resources and assets of the College. If the College enters into contractual agreements with external entities for products or services performed on its behalf, the scope of work for those products or services - with clearly defined roles and responsibilities - will be stipulated in a written and approved agreement that contains provisions to maintain the integrity of the College. In such cases, the College ensures the scope of the agreement is consistent with the mission and goals of the institution, adheres to institutional policies and procedures, and complies with the Northwest Commission on College and Universities. The Board delegates to the president or designee the responsibility to develop and implement appropriate operational procedures.
460.001 ACKNOWLEDGEMENT OF HAZARDS AND RISKS
In the conduct of its various functions of instruction, public and community services, student activities, and enrichment, the College is aware that the resulting activities may subject the participants to risk. "Risk," for this purpose, is defined as the potential of physical or mental injury or damage occurring to a person.
The instructor, sponsor, administrator, or organizer of any College program has the responsibility to assess and identify the risks inherent in the class, activity, or event. If, in that individual's judgment, a risk to the participants exists, participants must be notified of the risks in writing using an Acknowledgement of Hazards and Risks form.
The standard approved form for the Acknowledgement of Hazards and Risks is available from Administrative Services; the form has the approval of the Attorney General's Office. Separate forms which have been prepared by the Northwest Athletic Association of Community Colleges are suggested for participants in athletic events. Other forms for the acknowledgement of hazards and risks may be used by departments, provided that the content of the form has the approval of the vice president of administrative services.
Acknowledgement of Hazards and Risks forms are to be kept by the department sponsoring the activity for a minimum of six years following the conclusion of the activity covered or any subsequent issues resolved, or three years beyond the participant’s 18th birthday, whichever is later; the participant will be provided a copy of the signed form upon request.
460.050 TORT CLAIMS
Any individual (non-College employee) who believes that they have suffered a loss, or have been injured as a result of the action or inaction of Clark College, may file a claim against the state (Clark College). Such a claim is not an insurance claim, but a tort claim. (A tort claim is a claim that there has been a wrongful act.) Standard Tort Claim forms can be obtained from the Office of the Vice President of Administrative Services or at http://des.wa.gov/services/Risk/claims/Pages/standardTortClaims.aspx.
If there is an injury, the individual must also complete a Clark College Non-Employee (Students—Visitors) Accident/Incident Report and file it with Clark College Health Services. This form is available at division offices or Health Services. (Please note: Per Administrative Procedure 527.010 ACCIDENT REPORTING, College employees are required to report to their immediate supervisor each industrial injury, potentially work-related cumulative injury, or occupational illness, regardless of the degree of severity).
To file a tort claim, pick up a tort claim form from the Office of the Vice President of Administrative Services or at http://des.wa.gov/services/Risk/claims/Pages/standardTortClaims.aspx.
Fill out the form and submit it to the Risk Management Division, Office of Financial Management.
The Risk Management Division will review the facts of the claim. Additional information may be requested.
If the Risk Management Division decides that the claim has validity, the State of Washington will issue a check to the claimant. The entire process will take no less than 30 days, but possibly considerably longer.
Due to the length of time required for a tort claim settlement, it is recommended that the claimant pay any outstanding bills (such as for doctor visits) directly.
Questions should be referred to Administrative Services.
460.055 USE OF HUMAN SUBJECTS
In response to concern about protection of the rights of human subjects of research, and in response to federal mandate, Clark College has established the Institutional Review Board (IRB) to review all proposed research involving human subjects. This review is to insure that:
- the risks to human subjects are minimized,
- benefits of the research outweigh risks,
- the sample selection is equitable, and
- subjects are fully informed about the research, voluntarily consent to participate, and this consent is documented.
Review and Approval Procedures
Institutional research that uses human subjects must receive the approval of the IRB prior to engaging in the activity.
Research. A systematic investigation including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. The general rule is that if there is any element of research in an activity, that activity should undergo review for the protection of human subjects. For example, some “demonstration” and “service” programs may include research activities. This includes any use of individual level College data for research or class projects.
Program Review and/or Assessment activities conducted by faculty “in established or commonly accepted educational settings, involving normal educational practices, such as (i) research on regular and special education instructional strategies, or (ii) research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods or involving the use of education tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures” is not considered to be research for purposes of this Human Subject policy and are exempt from federal regulations for the protection of human subjects per the Code of Federal Regulations, Title 45, Part 46.101(b).
All researchers must submit a completed Research Protocol. The IRB will determine the level of review based on information submitted by the researcher. There are two levels of review:
Research limited to accessing College student academic data, which requires no contact with the subject or data of an identifiable nature (student name, SID, SSN, or other data which would allow an individual student to be identified), does not require full IRB review. The Chair of the IRB will review the Research Protocol, sign the approval, and allow the researcher to proceed with the project.
Research involving contact with a human subject may also be eligible for an expedited review process. All Research Protocols which qualify for exemption from federal regulations from the protection of human subjects (as determined by the Exemption from Federal Regulations Worksheet) are reviewed by the Chair of the IRB who determines if the project can be expedited or must go before the full IRB for review. If expedited, the Chair will sign the approval and allow the research to proceed with the project. The IRB will be apprised of all expedited projects that are approved.
- Full Board Review
Research involving more than minimal risk to subjects or any medical procedures is subject to full IRB review. The IRB will review the Research Protocol and approve or deny the proposal at a formal meeting. The researcher is invited to attend this meeting to discuss the project and answer any questions or concerns. Approvals must be made by a majority vote which is recorded.
All approvals and denials will be made in writing. The reason for denial will also be made in writing to the researcher. The researcher may make changes and resubmit the Research Protocol.
All activities that use human subjects must be conducted under supervision of a faculty member and/or administrator who assumes the responsibility for the conduct of approved research.
Student Programs and Courses
Students who are being considered as human subjects shall be informed of the procedures at a reasonable time at the beginning of the course or program. Students who do not give their consent to be a human subject may be given alternative learning experiences at the discretion of the instructor. Students who choose neither to participate as a human subject nor to accept an alternative activity will be informed that they may not be able to complete some courses or programs successfully.
Faculty who require students to participate in or conduct research as a part of their course must include this information in the syllabi.
Persons seeking to use individual level College data for research purposes (including class projects) that do not involve actual contact with students are still required to submit a Research Protocol. Requests for information in which an individual is given only the final results of the data and not access to the individual data are not subject to this policy.
Students or others who act as human subjects in approved activities shall not do so unless they have first given their informed consent. Informed consent means the knowing consent of any individual, or his or her lawfully authorized representative. The consent shall be a free-will choice obtained from the subject or representative without undue inducement or any element of constraint or coercion. In most cases, the basic elements of information necessary prior to such consent include:
- A timely notification of the procedures to be followed, including a description of
the attendant risks and discomforts. Timely notice means that the subject or representative
must have sufficient opportunity to consider whether or not to participate;
- A description of the benefits to be expected or the knowledge to be gained;
- A disclosure of appropriate alternative procedures;
- An offer to answer any inquiries the subject or representative may have concerning
- An instruction that the subject is free to withdraw his or her consent at any time
unless the procedure is required of the student to master a critical competence; and
An assurance that the subject’s identity will remain confidential, or a statement describing any disclosure that may be made.
Further Information and Criteria
The “Guide to Researchers” contains four worksheets which must be completed by the researcher:
- Human Subject Review Summary
- Exemption from Federal Regulations Worksheet
- Human Subject Contact Worksheet
- Project Detail Worksheet (if contact with human subjects)
Ongoing Review and Publication
Projects lasting longer than a year in duration require an annual update to be submitted. Updates shall be by a member to the IRB Chair, detailing progress to date and any changes requested to the project.
Projects needing a change to the original design require a request for modification to the IRB. This shall be by a memo to the IRB Chair, detailing progress to date, the changes requested to the project, and reason for the changes. Any forms originally submitted that contain information which would change as a result of the modifications should be resubmitted, with the modifications highlighted.
Projects that result in any publication of research involving the use of human subjects, and that are approved for confidential or anonymous data, must submit a draft of the publication to the IRB prior to submission for publication.
Suspension or Termination
The IRB has the authority to suspend or terminate research that is not being conducted in accordance with the approved plan or that has been associated with unexpected serious harm to subjects. Any suspension or termination by the IRB shall include a statement of the reasons.
The IRB Chair shall be responsible for maintaining a complete file for each request submitted. Each file will contain all completed forms with original signatures, a signed Clark College IRB Approval Form, any requests for modifications of extensions to the project, and copies of any reports or published works. Projects will be monitored by the IRB for compliance with this policy.
Institutional Review Board Membership
A minimum of six people from various backgrounds will compose the IRB. At least one will be from a science discipline and one from a non-science discipline.
Research Analyst, Planning and Institutional Effectiveness
Associate Vice President of Planning and Institutional Effectiveness
Scientific Faculty Member
Non-Scientific Faculty Member
Outside Member from the Community
460.060 CLINICAL AFFILIATION AGREEMENTS AND STUDENT INTERN/COOPERATIVE EDUCATION TRAINING AGREEMENTS
Clinical Affiliation Agreements
All clinical affiliation agreements for instructional and Corporate and Continuing Education programs are processed through the Office of the Vice President of Administrative Services (OVPAS).
Program directors or division chairs and/or deans are responsible for notifying the OVPAS periodically of the specific clinical sites that are in use for their respective programs. Agreements will be prepared in the OVPAS, forwarded to the program director, division chair, and/or dean (to be determined on a program-by-program basis) for review/approval and signature, returned to the OVPAS for signature, and then sent to the clinical site for signature by the facility’s administrative representative. Information regarding clinical sites (including the name of the site, address, telephone number, e-mail address, and name and title of the contact person) must be provided to the OVPAS prior to preparation of an agreement, allowing time for processing before sites are used. Students are not to use a clinical site until all parties have signed an agreement. Ultimately, a copy of the agreement signed by all parties (or notification that it has been received) will be provided to the clinical program(s) upon request.
Under certain circumstances, program(s) may obtain from the OVPAS clinical affiliation agreement templates to use in securing desired clinical sites. However, these agreements must be submitted to the OVPAS for the vice president’s signature and further processing. Terms and conditions listed in the templates cannot be modified without the prior knowledge and consent of the vice president of administrative services. A copy of each agreement signed by all parties will be filed in the OVPAS.
Individual programs may not become an additional party to a clinical affiliation agreement, or enter into a separate clinical affiliation agreement, with any clinical site for which the College already has an existing agreement without the knowledge and consent of the vice president of administrative services.
Student Intern/Cooperative Education Training Agreements
Non-clinical, student intern or Cooperative Education Training Agreements are provided through Cooperative Education. A copy of each agreement signed by all parties will be filed in Cooperative Education.
Students participating in Student Intern/Cooperative Education training programs must complete an Acknowledgement of Hazards and Risks form. Please see Administrative Policy/Procedure 460.001 ACKNOWLEDGEMENT OF HAZARDS AND RISKS.
Student Professional Liability, General Liability, and Health Insurance
Students assigned to clinical sites are covered by the State’s Student Medical Malpractice Liability Insurance and the State’s Medical Student General Liability Insurance. Students assigned to non-clinical sites are covered by the State’s Student Intern Professional Liability Insurance.
Students pay their portion of the cost of professional liability insurance through appropriate course fees.
Students are encouraged but not required by the College to purchase health insurance: however, health insurance may be required by certain clinical or non-clinical sites. A low cost health insurance plan is available to all students taking at least six credits. The student purchases the insurance by mail directly from the company. A brochure including cost and an application form is available at the Counseling and Health Center in Health Sciences or at the Cashier’s Office.
June 2, 2010
Revised Policy/Procedure Approved by Executive Cabinet
May 20, 2014