Departmental Self Review - UCLA Academic Senate

the local police authorities, indicating the student’s condition, his/her refusal to acceptassistance in getting home, and the description and license number of his/her automobileif available. The date and time of this call should be recorded along with the name of thepolice personnel who accepted the call. 57. Throughout this process, the instructor should not attempt to diagnose possible causes ofobserved behaviors. It is the instructor’s responsibility, however, to communicate withthe student involved as to what behaviors have been observed and reasons for concern.8. If the student refuses to participate in the evaluation process, the instructor will take thefollowing actions:a. The student should be informed that his/her actions constituteinsubordination and may result in discipline up to and including dismissal.b. The instructor will immediately suspend the student from clinical andindicate to the student he/she will be contacted by the Assistant Dean ofStudent Affairs regarding further investigation of the incident.5 The reason for calling the local law enforcement authorities and providing assistance before the studentleaves the agency is derived from the Texas case of Otis Engineering Corp. vs. Clark, 668 S.W. 2d 307 (Tex. 1983).In this case, an employee who was clearly under the influence while at the plant was ordered to leave by hisimmediate supervisor. While attempting to drive home, the drunk employee killed two individuals in a trafficaccident. The Texas Supreme Court found that the decedents’ families could bring wrongful death action against theemployer holding: “When, because of an employee’s incapacity, an employer exercises control over the employee,the employer has a duty to take such action as a reasonably prudent employer under the same or similarcircumstances would take to prevent the employee from causing an unreasonable risk of harm to others. Such a dutymay be analogized to cases in which the defendant can exercise some measure of control over a dangerous personwhen there is a recognizable great danger of harm to third persons. Thus, you must do all that you can to prevent anobviously intoxicated employee from driving home alone.”184