Convergence of Litigation, Policy, and Standards: Building the Informed Practitioner in Education Abroad Risk Management
Edited by: Julie Pollard & Kim S. Priebe

Table of Contents

​Editors’ Acknowledgments 

1. ​Introduction Julie Pollard and Kim S. Priebe  

​U.S. Cases and Laws Affecting Duty of Care for Education Abroad Students 

2. Understanding Legal Terms and Process in the Context of Litigation, Liability, and Risks in Education Abroad Terence Miller, J.D. and Julie Pollard

3. Lessons from Legal Cases: Safeguarding Student Health and Well-Being in Education Abroad Programs Kim S. Priebe and Anna Hayes

4. Housing Safety Considerations for Education Abroad Kyle Rausch, Ed.D.

5. Analyzing the Legal Challenges and Opportunities for Students with Disabilities Seth Gilbertson, J.D.

6. Have Records, Will Travel: FERPA and Access While Abroad Michael Pfahl, J.D., Ph.D.

7. FERPA in Action: Guide for Education Abroad Practitioners Anna Hayes

8. Clery Act and Title IX Extraterritorial Application (And Why the Federal Approach is the Floor, Not the Ceiling) Joseph Storch, J.D., and Andrea Stagg, J.D.

9. Rethinking and Reframing the Narrative: Reflections on Sexual Violence Prevention in Education Abroad Melissa Chambers and Jamie Snow

International Laws, Case Studies, and Standards Affecting Duty of Care for U.S. Education Abroad Students

10. Global Data Privacy Overview: A Risk-Based Approach for Colleges and Universities Xinning Shirley Liu, J.D. and Emma Snyder Bahner, J.D.

11. GDPR and PIPL Enforcement Trends and Risks for Postsecondary Institutions Xinning Shirley Liu, J.D. and Emma Snyder Bahner, J.D.

12. Specific Issues with International Laws, Case Studies and Standards: Overview from the Perspective of an Overseas Receiving Institution Sunanda Holmes, J.D.

13. Sexual Misconduct: A Host University Perspective Sunanda Holmes, J.D. and Catherine Williams, J.D.

14. Traveling Abroad with Medication Christine Sprovieri and Jennifer Fullick, Ph.D.

15. Risks of Protest Participation While on Education Abroad A.J. Leeds

16. Marijuana Abroad: Reconsidering Best Practices Andrea Campbell Drake 

Shifting Sands: Evolution of Understanding Risk

17. The Identity Kaleidoscope: Formation, Expression, and Experience Informing the Shared Enterprise of Mitigating Risks Mark Beirn

18. Preparing for and Mitigating Identity-Based Risk On-Site Brittani Smit, Ph.D.

19. Building Cultures: Preparing International Staff for Understanding Diverse Identities of U.S. Students Christina Thompson and Ebony Ellis

20. Considering Immigration and Visa Challenges with International Student Mobility Kelia Hubbard

21. Approaching Disability Inclusion via Universal Design for Learning, Regulations, and the Standards Laurie Laird and Lindsey Pamlanye

22. Exploring Mental Well-Being Abroad: Historical Overview and Future Landscapes Laura Thompson, Ph.D., LPC

23. Managing the Risks Associated with Mental Health Abroad Laura Dupont-Jarrett, Ph.D., L.P.

24. Mental Health Through the Lens of Equity and Inclusion Breeda McGrath, Ph.D., NCSP and Marissa Lombardi, Ed.D.

25. Pre-Departure Mental Health Clearance: One Approach to Managing Risk Abroad Vanessa Sterling

26. Building the Partnership: Best Practices for Engaging Counsel Ashley Krutz-Ordner and Miko McFarland

27. Working Effectively with Outside Counsel William F. Ferrieira, J.D.

28. Employment and Compliance in Education Abroad Programming: Guidance for Working with Global Human Resources L. Raven Rae, J.D.

29. Expectations, Guardrails, and Compliance: Negotiating Effective International Partnership Agreements Peter F. May, J.D.

30. Who Can Go Where for What Purposes and Under What Conditions: Building an Institutional International Travel Policy Shaun Jamieson and Patrick Morgan

31. Applying Standards to Travel Risk Management Henning Snyman, Hilary Douglas, and Gary Collins

32. Operationalizing Duty of Care in Education Abroad Using the Forum Standards Kyle Rausch, Ed.D.

33. Navigating International Insurance for Global Education Joan Rupar

34. History and Usage of Two Critical U.S. Department of State Travel Resources by the Education Abroad Community Julie Anne Friend, J.D.

35. Futuring: Envisioning Future Risks in Education Abroad

About the Editors

Julie Pollard is the Director of International Health, Safety, and Crisis Management at University of California Education Abroad Program (UCEAP) and has worked in international education since 2004.

Kim S. Priebe has over 20 years of experience in international education, including serving in international health, safety & security roles with the University of California (UCEAP) and UNC-Chapel Hill and director of study abroad at NC State University.

This volume is the fifth in the Standards in Action book series.

​About this Volume:

A must-have for international risk managers, education abroad health and safety officers, or anyone with significant responsibility for student safety and well-being. This volume shares risk mitigation best practices informed by higher education litigation outcomes, legislative and regulatory policies, and current standards to build the true scholar practitioner in education abroad risk management. ​

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Praise for Convergence

This is a must-have resource for any international education professional with the mission to operationalize the highest standards and implement best practices to safeguard the well-being of students.
- Sabine Klahr, Ed.D., Interim Vice Provost, Penn State Global

This incredible ... publication provides a must-have collection of resources that can assist education abroad professionals with their risk assessment and mitigation efforts. Whether you’re an experienced international risk manager who needs in-depth support with legislative and regulatory issues or a study abroad director who is tasked with developing an overall risk management strategy for your office, Pollard, Priebe, and their talented colleagues have provided a collection of articles that can be used by everyone in our field. 
- Adam Rubin, Assistant Vice Provost and Director of Education Abroad, University at Buffalo

An essential primer for any international education professional who seeks to bring students safely outside their comfort zones and into spaces of transformational learning, where risk must be managed but cannot be entirely avoided. This resource offers a plethora of tools, case studies, strategies and mindsets for the thoughtful and proactive operationalizing of key standards in our increasingly complex global risk landscape. I have long sought a guide created by seasoned professionals who are at the forefront of setting industry standards and am thrilled to have found in Convergence this compendium of expertise. 
- M. Colette Plum, Assistant Dean, Study Abroad, University of California, Berkeley

For many stakeholders in our field, grappling with the legal dimensions of program delivery can be daunting. Whether crafting safety protocols or making programmatic decisions, the imperative of adopting a "legal lens" looms large. While institutions may possess varying degrees of legal resources, the challenge often lies in knowing where to begin – what questions to ask, what paths to pursue. "Convergence" serves as a roadmap, offering clarity and direction to organizations and institutions seeking to navigate legal complexities and make informed decisions. 
- Carri Orrison, Vice President, Program Operations, AIFS Abroad