SLIPPERY ROCK UNIVERSITY OF PENNSYLVANIA. Department of Nursing. School District Affiliation Agreement

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1 SLIPPERY ROCK UNIVERSITY OF PENNSYLVANIA Department of Nursing School District Affiliation Agreement THIS AGREEMENT is made this 1st day of January, 2013 by and between SLIPPERY ROCK UNIVERSITY OF PENNSYLVANIA, with an address of Department of Nursing; 104 Vincent Science Center; Slippery Rock, Butler County, Pennsylvania (hereinafter referred to as "University"), an educational institution of the State System of Higher Education, Commonwealth of Pennsylvania, and Harrisburg School District, with an address of 2101 North Front Street, Bldg. No. 2; Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "School District"). Recitals WHEREAS, the School District is equipped with the facilities and professional staff necessary to help provide an educational experience to the University's students enrolled in the University s Bachelor of Science in Nursing Program and/or Master of Science in Nursing Program (hereinafter referred to as Programs ); and WHEREAS, the University is an educational institution that provides a degree in the nursing to its students pursuant to the Programs; and WHEREAS, pursuant to the Programs, the University is desirous of providing a school health clinical experience with and through the assistance of the School District; and WHEREAS, the School District is desirous of working with the University so that select University students may receive school health clinical experience at the School District subject to the terms and conditions of this Agreement. NOW THEREFORE, the parties, with the intent to be legally bound hereby, agree to the following terms and conditions: I. DUTIES AND RESPONSIBILITIES OF THE UNIVERSITY a. Selection of Students. The University shall be responsible for the selection of qualified students to participate in the school health clinical experience program. Selected students must have the appropriate educational background and skills consistent with the contemplated educational experience planned at various levels. The parties will mutually agree upon the number of students selected for each school health clinical program. b. Education of Students. The University shall assume full responsibility for the classroom and clinical education of its students. The University shall be responsible for the administration of the program, the curriculum content, the requirements of matriculation, grading, faculty appointments, and graduation.

2 c. Supervision of Students. The University shall provide faculty who will monitor student activities during clinical visits. d. Submission of Candidates. The University shall submit the names of the students to the School District to a designated representative of the School District at least two (2) weeks prior to the clinical assignment, and the School District reserves the right to reject any of the students. e. Policies of School District. The University will be responsible for advising students of their responsibilities under this Agreement. The students shall be advised of their obligations to abide by the policies and procedures of the School District, and should any student fail to abide by any policy/procedure, he or she may be expelled from the program. f. Health Status. The University will require its students who are participating in the clinical experience to comply with the health status requirements of the School District and state regulatory agencies including, but not limited to, physical examinations and other vaccinations as required by the regulatory agency. Proof of compliance must be presented prior to admission into the program. If additional examinations or medical steps are required because of the nature of the clinical experience involved, the student will be in compliance as a condition of participation. g. Criminal History. The University hereby agrees to obtain and submit to the School District for review the following background checks for each of the University s employees, agents, independent contractors, and students who will have direct, ongoing contact with School District students in connection with this Agreement. The University or the University s employees, agents, independent contractors, and students are responsible for all costs associated with obtaining the background checks described in this Section. h. The criminal background check will include review of: 1. Pennsylvania State Police Request for Criminal Records Check; 2. Department of Public Welfare Child Abuse History Clearance; and 3. Federal Criminal History Record Information as prescribed by the Pennsylvania Department of Education. i. Notification. The University shall, and shall cause its employees, agents, independent contractors, and students that come in contact with School District students to, notify the School District Title I Office if, during the course of this Agreement or any other agreement with the School District, the University or such employee, agent, independent contractor, or student is convicted in Pennsylvania or in any other jurisdiction of any of the crimes listed in Pennsylvania Department of Education s Policies and Procedures for SES Subpart B, section 2.1, F1 - F22 or any offense that is substantially equivalent to any of the offenses listed in that subsection in which the judgment of the conviction was

3 entered under the law of any other jurisdiction, or an attempt to commit one of the aforesaid listed offenses. j. Scheduling of Clinical. The University shall plan the assignment and schedules of those participating in the clinical experience in cooperation with the School District. k. Professional Liability Insurance. Prior to entering the clinical program, students shall be responsible for procuring professional liability insurance and Comprehensive General Liability at their own expense and provide copies of policy/coverage certificates thereof to the University and School District. The limits of the policy shall be a minimum of $1,000, per claim and an aggregate of $3,000, per occurrence and the School District shall be named an additional insured on the policy. Any such policies must remain in full force and effect for the duration of the clinical assignment. l. Self-Insurance. The School District understands that as an Agency of the Commonwealth, the University is prohibited from purchasing insurance. As a public university and state instrumentality there is no statutory authority to purchase insurance and it does not possess insurance documentation. Instead, it participates in the Commonwealth's Tort Claims Self-Insurance Program administered by the Bureau of Risk and Insurance Management of the Pennsylvania Department of General Services. This program covers Commonwealth/University-owned property, employees, and officials acting within the scope-of their-employment, and claims arising out-of the University s performance under this Agreement, subject to the provisions of the Tort Claims Act, 42 Pa.C.S.A. 8521, et seq. m. Limitation of Liability. No individual official, employee, or agent of the School District shall have any direct or indirect personal liability under or in connection with this Agreement. The School District is a local agency and at all times retains its statutory immunity defense as provided by the laws of the Commonwealth of Pennsylvania. 42 Pa. C.S.A. 8501, 8541 n. Publication. Students must obtain prior written approval of University and the School District before publishing any material relating to the program experience. II. DUTIES AND RESPONSIBILITIES OF THE SCHOOL DISTRICT a. Student Participation in Clinical Experience. The School District agrees to allow a mutually agreed upon number of students of the University to participate in the clinical experience program. The School District agrees that the students selected for the program will be permitted to participate at dates and times mutually agreed upon between the School District and the University. b. Student Health/Administration. The School District will have the sole authority and control over all aspects of student health services. The School District will be

4 responsible for and retain control over the organization, operation, and administration of its services. c. Policies of School District. The University will review with each student, prior to the clinical assignment, any and all applicable laws, policies, codes, or confidentiality issues related to the experience. The School District will provide the University all the applicable information at least 2 weeks in advance of the student's participation. d. Removal of Noncompliant Student. The School District shall have the authority to immediately remove a student who fails to comply with its policies and procedures. If such a removal occurs, the School District should immediately contact the responsible University Faculty Advisor. e. Designation of Representative. The School District shall designate a person to serve as a liaison between the parties who will meet periodically with representatives of the University in order to discuss, plan, and evaluate the experience of the student(s). f. Orientation. The School District will provide orientation for students and faculty, give reports, and assist students and faculty in providing optimum school health care for student clients. The faculty and students will fully cooperate with the School District personnel in providing optimum school health care. g. Reporting of Student Progress. The School District shall provide all reasonable information requested by the University on a student's work performance except for information protected by confidentiality laws and School District policies. If there are any student evaluations, they will be completed and returned according to a reasonable schedule agreed to by the University and the School District. h. Student Records. The School District shall protect the confidentiality of University student records as dictated by the Family Educational Rights and Privacy Act (FERPA) and shall release no information absent written consent of the student unless required to do so by law or as dictated by the terms of this Agreement. III. MUTUAL TERMS AND CONDITIONS a. Term of Agreement. The term of this Agreement shall be for one year from the date of execution. b. Termination of Agreement. The University or the School District may terminate this Agreement for any reason within ninety (90) days advance written notice. Either party may terminate this Agreement upon written notice immediately in the event of a substantial breach by the other party. However, should the School District terminate this Agreement prior to the completion of an academic semester, all students enrolled at that time may continue their educational

5 experience until it would have been concluded absent the termination, but only upon the terms and conditions agreed to by the University and the School District. c. Nondiscrimination. The parties agree to continue their respective policies of nondiscrimination based on Title VI of the Civil Rights Act of 1964 in regard to sex, age, race, color, creed, national origin, Title IX of the Education Amendments of 1972 and other applicable laws, as well as the provisions of the Americans with Disabilities Act. d. Interpretation of the Agreement. The laws of the Commonwealth of Pennsylvania shall govern this Agreement. e. Modification of Agreement. This Agreement shall only be modified if the modification is in writing and signed by both parties. f. Relationship of Parties. The relationship between the parties to this Agreement to each other is that of independent contractors. The relationship of the parties to this contract to each other shall not be construed to constitute a partnership, joint venture, or any other relationship other than that of independent contractors. As an independent contractor, the University shall be liable for the University s own debts, obligations, acts and omissions, including the payment of all required federal, state and local withholdings, social security and other taxes or benefits on behalf of the University. The University shall have no power or authority to enter into agreements or commitments on behalf of the School District or to otherwise legally bind or obligate the School District. The University shall not represent itself to be the agent or representative of the School District. g. Notification to Students. Prior to any student participation in the clinical program, theuniversity shall notify each student in writing that he/she shall not be deemed to be an employee of the School District for purposes of compensation, fringe benefits, workers' compensation, unemployment compensation, minimum wage laws, income tax withholding, social security or any program because of participation in this educational experience; that each student is placed with the School District as a part of an academic curriculum and those duties performed by the student are not performed as an employee, but in fulfillment of these academic requirements; and that the student shall not at any time replace or substitute for any employee, partner, or agent of the School District. h. Liability. Neither of the parties shall assume any liabilities to each other. As to liability to each other or death to persons, or damages to property, the parties do not waive any defense as a result of entering into this contract. This provision shall not be construed to limit the Commonwealth's rights, claims, or defenses which arise as a matter of law pursuant to any provisions of this contract. This provision shall not be construed to limit the sovereign immunity of the Commonwealth, the State System of Higher Education, the University or the School District.

6 i. Assignment. Neither party shall assign any of its rights or obligations under this Agreement without the prior written consent of the other party. Any such assignment is expressly prohibited. j. Validity; Severability. If any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, or the parties determine any provision to be in conflict with any applicable federal, state, or local law or regulation, then the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect. k. Authority. Each party represents that is has the authority to enter into and be bound by this Agreement. l. Waiver. The waiver of a breach of any of the terms hereof shall not be deemed a waiver of any subsequent breach or default whether of the same or similar nature and shall not in any way affect the other terms hereof. No waiver shall be valid or binding unless in writing and signed by the parties. m. Venue. The parties hereto consent and agree that all legal proceedings relating to this Agreement shall be brought in the Court of Common Pleas of Dauphin County, Pennsylvania, or, if applicable, in the United States District Court of the Middle District of Pennsylvania, and each party hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court, as the case may be. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address hereinbefore set forth. n. Notices. Notices shall be in writing and delivered in person or by certified mail, postage prepaid, to the Business Manager of the School District or to the University at the address set out in the first paragraph of this Contract or such address as specified by either party in a Notice under this paragraph. Notice shall be deemed given at the time of personal delivery or three (3) days after the date of mailing if sent by certified mail. o. Headings. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. p. Approval. This Agreement is valid only upon approval by the governing body of the School District. q. No Third-Party Beneficiaries. Nothing in this Contract shall be construed to create or extend any rights to any third parties as third-party beneficiaries. r. Entire Agreement. This Agreement represents the entire understanding between the parties. No other prior or contemporaneous oral or written understandings or promises exist in regards to this relationship.

7 IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement as of the date previously indicated. Slippery Rock University of Pennsylvania Harrisburg School District By: Susan E. Hannam, Dean College of Health, Environment, and Science Date: By: Jennifer Smallwood, Board President Date: Attest: By: Carol Kaufmann, Board Secretary Date: