Duty and Liability Surrounding Clinical Internships: What Every Internship Coordinator Should Know

Journal of Allied Health, Fall 2006 by Dye, Deanna C, Bender, Denise

Practical work experience has become a common component of many academic programs. However, there are risks involved when students engage in required academic internships, particularly if these experiences are conducted off-campus. In the academic setting, particularly on the campus property, the university has an established relationship with the student that carries implied contractual duties. The university's duty to the students, which is to provide them with educational opportunities and a safe environment, may be upheld even when the educational activity is occurring off-campus. Recent court rulings indicate that universities may be held liable for students' safety while these students are engaged in the fulfillment of education requirements off-campus. Recognizing that universities cannot control the behavior and choices of students, universities still have a duty to consistently enforce precautionary safety measures and forewarn students of any known risks. The delineation and fulfillment of the university's duty to provide a safe environment and educational opportunities can be addressed through contractual agreements, policies and procedures, and communication among the parties. This discussion should assist the internship coordinator in establishing policies and procedures that meet the required duties and minimize exposure to liability surrounding internships held off-campus. J Allied Health 2006; 35:169-173.

PRACTICAL WORK EXPERIENCE has become a common component of many academic programs. Internships, clinical affiliations, and cooperative experiences, hereinafter collectively termed internships, have gained increased popularity in fields that range from law and business to sports management and recreation and to medical and allied health programs. Some surveys indicate "75% of all students completed an internship in the 1990s versus only 2% of students in the 1980s."1 However, there are risks involved when students engage in required academic internships, particularly if these experiences are conducted off-campus. Determining the allocation of liability based on duties of the parties involved is a necessary prerequisite for establishing a sound internship program.

In most allied health internships, students receive direct supervision either from a faculty member or from a facility employee in the absence of an on-site faculty member. In the latter situation, a faculty member serves as a coordinator over all the students participating in the internship. This faculty appointment, called the academic clinical coordinator of education, director of clinical education, fieldwork coordinator, or internship coordinator (IC), will hereinafter be referred to as the IC. The IC functions as an agent of the university and serves as the liaison between the program and the internship site. It is critical that the IC understands the duties and subsequent liabilities of the university to the student when he or she is engaged in an offcampus internship.

Recent court rulings indicate that universities may be liable for students' safety while these students are engaged in the fulfillment of education requirements off-campus. This duty arises partially from the determination that a special relationship between the student and the university exists. This report examines recent court rulings regarding student liability claims in terms of how these rulings affect universities. This discussion should assist the IC in establishing policies and procedures that meet the required duties and minimize exposure to liability surrounding internships held off-campus.

General Duty

In the academic setting, particularly on the campus property, the university has an established relationship with the student that carries implied contractual duties. These duties are often identified in the college catalogue in the mission statements, rules, regulations, and policies and procedures.2,3 The implied contractual arrangement begins when a student registers and pays tuition to attend the university.2,3 This action triggers the university's duty to the students, which is to provide them with educational opportunities and a safe environment. Does this duty extend to activities held off-campus at sites that are not under the direct control of the university? If so, then does the university have a duty to students participating in off-campus internships?

A brief history of court rulings defining the university/student relationship provides a background for the arguments used in liability claims brought against universities. Before 1960, few liability cases were brought against academic institutions. The reliance of the courts on the in loco parentis doctrine protected the university from student liability claims in the area of personal safety or rights.4,5 At that time, a university exercised a significant amount of control over the actions of the student body. However, the responsibilities and potential liability of the university changed dramatically beginning in the 1960s as students began to rebel against stringent rules and regulations.4,5