The Crafting of Fieldwork Training Agreements

Work Integrated Learning: A Study of Risk Management by University Lawyers

“…The WIL agreement templates drafted by university lawyers provided a rich source of knowledge regarding the distinguishing features of university WIL agreements and how university lawyers address the six legal risks associated with contract terms (Table 5. 1) in the WIL agreement. Authors in the WIL literature have listed and described common terms in a WIL agreement, based on their personal experience (Broughton & Overby, 1993;Goldstein, 1981;Miller et al, 2002), or as part of an empirical study of WIL agreements (Gelman, 1990). What makes the cross-case analysis of agreement templates in this chapter unique is the connection made between the risk management practice and the contract risks identified by university lawyers.…”

“…• WIL agreements involving the university, student and host organisation (Broughton & Overby, 1993;Gelman, 1990;Goldstein, 1990;Jaquith, 1995);…”

“…The relationship between university lawyers and WIL staff also raises the possibility of conflict. WIL staff in the social work discipline have criticised university lawyers' perceived lack of knowledge about WIL programs when drafting WIL agreements (Gelman, 1990), and when advising on student confidentiality issues (Reeser & Wertkin, 1997). Cobb (1994), in the context of student dismissal from WIL programs, posits that American university lawyers are not knowledgeable about the status of professional education (which entails WIL) because their perspective is dominated by traditional study programs and other legal work.…”

“…The university lawyer will advise WIL staff to go back to the host organisation and re-negotiate, often using strategies and amendments to contract terms, suggested by the university lawyer, that are designed to minimise the legal risk and give the WIL placement a green light. Corbally (1974) noted that some academic administrators perceive the university lawyer to be obstructive, whereas authors in the WIL literature have been critical of university lawyers for their perceived lack of knowledge about WIL programs (Cobb, 1994;Gelman, 1990;Madden & Cobb, 2000;Reeser & Wertkin, 1997) and the production of legalistic agreements that may undermine the delivery of WIL placements (Gelman, 1990). The risk management framework may dispel these preconceptions.…”

“…Corbally (1974) conceded that academic administrators may perceive university lawyers to be obstructive. WIL staff in the social work discipline have also been critical of university lawyers' perceived lack of knowledge about WIL programs, and the making of legalistic (or complicated) agreements (Cobb, 1994;Gelman, 1990;Madden & Cobb, 2000;Reeser & Wertkin, 1997). University lawyers in the case study experienced and were conscious of three negative perceptions held by WIL staff about legal services -they obstruct, are unnecessary and complicate matters.…”