From:Shadi Sandvik, Provost-in-Charge
Sandra Casey, General Counsel-in-Charge Internships During COVID-19
January 6, 2021
INTERNSHIPS DURING COVID-19
Prepared by Office of General Counsel January 6, 2021
The Office of General Counsel has been asked to provide continuing guidance regarding 2021 applied learning experiences for students during the COVID-19 pandemic. The specific questions are as follows:
1) What should campuses do regarding internships during the COVID-19 pandemic?
2) Should students be discouraged or prevented from attending traditional in-person internships?
3) What steps should be taken to protect students and the campus?
While this guidance specifically references internships, the considerations and expectations for student safety apply to many in-person applied learning experiences.
Remote Experiences Preferred
During the pandemic, most campuses, students, and partner sites have preferred to pursue remote or hybrid internship opportunities. The advantages to this approach are self-evident during this period in which social distancing is encouraged. SUNY encourages students and campuses to explore remote-based options whenever feasible.
However, not all programs are appropriate or eligible for remote experiences. Furthermore, some students may have a strong preference for in-person internships regardless of program. For these reasons, there is no blanket SUNY System-wide prohibition on in- person internships. Below are recommendations and guidance for situations that do not lend themselves to remote internships.
Most important, SUNY should provide students with alternatives to on-site internships, including postponement and/or remote based learning if reasonably feasible based on availability and programmatic accreditation or licensing requirements.
On-Site Experiences
There are steps that campuses should take in those instances that do not allow for remote based internships or when a student has a strong preference for an on-site experience.
First, there should be a strong preference for sites that have an established relationship with the campus or a demonstrated history of reliable partnership with other SUNY campuses or institutions of higher education.
Second, campuses should review and monitor each site to make sure it is appropriate and not unreasonably dangerous. Keep in mind that what is appropriate at one internship may not be appropriate at another and some internship opportunities are inherently more susceptible to risk than others. At a minimum, an acceptable review would include contacting the primary site supervisor and discussing the environment and precautions. No site will be risk free in these uncertain times, but the campus should at least make sure that the site is following local Department of Health protocols and students are not being sent into an untenably dangerous situation (for example, large scale interaction with the public or at-risk populations, ineffective or unavailable PPE, etc.).
Third, to the extent permitted by applicable licensing and accreditation bodies, campuses should have in place a “Plan B” that allows students an alternative to participating in the internship even after an in-person experience commences if a student feels that a site or experience puts them at an unacceptable risk. Campuses should be prepared to work with students to arrange for future placements, but the “Plan B” could also include remote instruction options if those are available.
There may be times when the best “Plan B” that can be provided is a delay. If such a delay will impact progress toward completion or the availability of future placement, this should be clearly explained. The idea is that no student should feel unduly pressured to go to an in-person internship site at this time, but that does not mean that a decision to participate remotely or a later date will have no consequences. The key is that the student is making the decision and that the campus does its best to provide options. This approach is also necessary to maximize the effectiveness of waivers for students who do chose to participate in person.
Fourth, campuses should ask students to acknowledge that they have been presented with alternatives and are voluntarily choosing to participate in an on-site internship. In a best- case scenario, this acknowledgement would also include an assumption of risk clause ensuring that the student acknowledges the known risks involved with participation at this time. This will demonstrate that students are willingly assuming the risk of participation after having been given other options.
Finally, while SUNY affiliation agreements already include indemnification and insurance language, campuses should strongly consider adding the following language:
“[Partner] represents and warrants that it is currently, and for the term of this Agreement will continue to be, in compliance with all applicable laws, regulations, and public directives, including, but not limited to, those issued in times of an emergency, regarding the health and safety of employees, the public, and student interns. Failure to comply with this provision will be considered a material breach of this Agreement.”
First Amendment and Academic Criteria
During the pandemic, some students may choose to exercise their First Amendment rights in a variety of ways, including at on-site internships. Campuses should inform students of the consequences for violation of health protocols.
For example, if a mask is required and a student removes it within the internship site, as a form of political expression to protest government mandates, the student may enjoy some limited First Amendment protection, but is unlikely to be insulated from ramifications related to the violation of the internship site’s policies and SUNY academic and conduct policies. Such consequences may include removal from the internship site (and program), negative academic implications, as well as conduct sanctions.
Suggested Steps for Implementing Internships in 2021
1. Ensure that Students are aware of alternate choices (for non-licensure programs)
Campus should contact all students who are arranging for an internship experiences through the remainder of the calendar year 2021 and explain that they do not have to participate in an on-site internship and that alternative arrangements can be made through the campus.
Should a student choose to participate in an on-site internship, a version of the following waiver statement should be obtained:
As a SUNY [campus] student planning to participate in a credit bearing internship experience to fulfill the academic requirements for my major:
I understand that I am choosing to fulfill my internship requirement through an in-person internship and accept the associated risk.
I agree to comply with all safety regulations at my internship site including guidance set forth by the Department of Health, which may include wearing Personal Protective Equipment (PPE/masks) at the internship site.
I understand that if I violate the safety policies at my internship site I may be dismissed from the site and/or my program and be subject to a conduct code violation.
I have been informed that I may choose to complete the applied portion of my program curriculum at a later date and/or offered alternative remote project/instruction options which would allow me to fulfill my program requirements.
I understand that if I choose not to complete an in-person internship/applied learning experience at this time, or I become uncomfortable at the site, that I can notify the College and alternative arrangements can be pursued.
I understand that if I choose to complete the applied portion of my program at a later date as an alternative arrangement, the College cannot guarantee the same placement at a later date, and that my progression in the program may be affected thereby extending my graduation date.
Signed: __________________
Date: ___________________
2. Remain in contact with participating students to ensure that appropriate protocols are in place
Campuses should remain in contact with students who are currently participating in on-site internships. Students should be given an opportunity to provide feedback regarding their experience, including the availability of appropriate Personal Protective Equipment (PPE) and whether proper safety protocols are being followed. Students should also be made aware of their ability to finish their internship remotely or at a future date, with the College’s assistance, if they feel unsafe. Such contact can be accomplished through email and online survey options.
Contact placement sites and ensure that appropriate protocols are being followed
Campuses should remain in contact with their partner sites. Campuses should remind placement sites of their obligations with regard to student safety, regardless of the existence of a written agreement. If necessary, reference can be made to applicable agreements, which often include indemnity language making the site legally responsible for damages associated with a failure to follow applicable safety protocols.
Campuses should receive affirmation from partner sites that interns are receiving the same PPE and safety instruction as staff.
If written affirmation is desirable based on the circumstances, the following language may be used:
[Site] understands that its Affiliation Agreement with SUNY requires that [Site] take reasonable and appropriate measures to protect the health and safety of student participants. [Site] affirms that it is following all state and local health protocols and is providing appropriate Personal Protective Equipment (PPE) for SUNY interns.
Signed: __________________
Date: ___________________
Amend affiliation and internship agreement templates
The templates in the “Guide to Applied Learning at the State University of New York: SUNY Works, SUNY Serves, SUNY Discovers and TeachNY,” have been amended to include an acknowledgment that sites are addressing the COVID-19 pandemic and taking necessary steps to assure the safety of students. Suggested model amendment language:
[Site] represents and warrants that it is currently, and for the term of this Agreement will continue to be, in compliance with all applicable laws, regulations, and public directives, including, but not limited to, those issued in times of an emergency, regarding the health and safety of employees, the public, and student interns. Failure to comply with this provision will be considered a material breach of this Agreement.
This language should be included in all new agreements. The decision on whether to actively amend existing agreements, should be based on a risk analysis. Factors to consider may include the number of students active in the program, the nature of
the tasks/work/instruction performed at the partner site, and the level of exposure to the public, other students, and workers at the site.
Specific inquiries regarding this document should be directed to your campus counsel.