Waivers & informed consent

• A waiver is legal document releasing or relinquishing a known right, claim, or privilege. In this context, it is the relinquishment to pursue a claim in a certain set of defined circumstances. 
• Informed consent is a written acknowledgement that a participant understands the risks inherent in a particular activity.

Why are waivers used?

• The university sponsors many voluntary travel, recreational, cultural, educational, and physical activities for members of the university community and the public. Some of these activities may subject the university and its employees to increased legal liability. In order to ensure that participants fully understand and appreciate the risks associated with these activities, as well as to mitigate the potential liability to the university; participants are asked to sign waivers.  

Why is informed consent used?

• The university sponsors many travel, recreational, cultural, educational, and physical activities for members of the university community and the public. Some of these activities may subject the university and its employees to increased legal liability. In order to ensure that participants fully understand and appreciate the risks associated with these activities, participants are asked to sign informed consents.

What criteria are used to decide if I should ask a participant to sign an informed consent or waiver?

• In general, the university will not request a waiver be signed for regular course credit activity but only for voluntary activities. There are, however, some high risk course credit activities such as international travel where a signed waiver should be signed.

• Informed consents should be used for activities that have a higher risk profile (i.e., domestic fieldwork) than participation in on-campus based activity. The informed consent is used to identify the risks associated with participation in the activity such as travel (i.e., boating, exposure to wildlife or other environmental conditions, remote locations and lack of communication, etc.).

*** Depending on the research activity, a waiver may be required depending on the risk profile of the work being done – high risk research may require a risk assessment to determine if waivers should be used. 

Who is responsible for retaining waivers? How long must they be maintained?

• The sponsoring unit is required to retain the waiver for seven (7) years after the end of the event or activity for which the waiver was signed.

Who do I contact for assistance or to request a waiver?

• The manager, risk, insurance & continuity planning is available to help university departments and programs determine whether waivers are necessary for specific activities or events. The department or program will need to supply a summary of the activity or event. The manager, risk, insurance & continuity planning will prepare the appropriate forms for the department or program.