By Steve Smith, Founder of Experiential Consulting and Newsletter Editor

The purpose of Touchstones is to provide members of the outdoor education community with timely news and resources written by experts in our field. Previous issues are all online, indexed and archived. We invite your feedback and welcome submissions for future issues.

Experiential Consulting serves outdoor programs in the fields of human resources, staff training, risk management, and related services.  Our clients have shared some kind reviews here.  If you have a question or a need that we can help you with, contact us to learn more about how we can help you. 

In this issue, I am proud to present:

• Attorney Reb Gregg's timely new article about industry standards;
• Shawn Tierney's helpful advice regarding external reviews;
• My Interview wtih the Sierra Club's Martin LeBlanc;
• Upcoming Events.

Touchstones comes out as each season changes, corresponding with solstices and equinoxes.  These celestial milestones mark tipping points where we move from being in balance, to being at an extreme end of a spectrum with regard to daylight and darkness.  This issue will come out near the vernal equinox, the tipping point we reach each spring when the ever-increasing hours of daylight balance with the waning hours of night.  I point this out as a metaphor for some of the content we find in this issue, where authors provide tools and resources to help outdoor programs achieve their own balance.  Reb Gregg addresses concerns and highlights benefits that we can find by learning and practicing within industry standards.  Shawn Tierney offers his thoughts around the balance we can achieve by seeking out external perspectives.  Finally, in the same way that spring brings new energy and hope, Martin LeBlanc enlightens us with some very promising and encouraging work that he is doing to empower and impell youth to serve and connect outdoors. 

In the following video, Richard Louv (author of Last Child in the Woods), offers the simplest example of the balance which the vernal equinox -  and spring itself - inspires us to seek out and provide for today's youth. 

Please send me any feedback or responses you have to this issue of Touchstones. 

Stay balanced, enjoy spring, and stay in touch. 

By Charles "Reb" Gregg, Attorney

There is anxiety in some quarters about the role of standards in our professional lives. Otherwise intelligent folks are, apparently sincerely, questioning whether standards are good for the industry. The anxiety is fueled in large part by a blog manager who wants us to believe that standards are dangerous because they provide a blueprint to an adversary in the event of litigation. In other words, his readers are advised, it’s best to pass up the chance to learn what others in the industry consider acceptable practices because you might violate those practices and be accountable for doing so. (Are you following this?)

Standards are a statement by a professional association, governmental or quasi-governmental agency, or other organization which wishes to guide constituents or a larger audience in achieving what it considers good practices. Standards are not mere “guidelines,” which are, generally speaking, suggestions only.

Good standards are those which are well examined by consensus groups of experts and other interested persons, and written in a manner that does not tie the hands of practitioners faced with circumstances that compel a deviation. They may purport to set out a “best” or “preferred” or “accepted” practice, or merely a floor below which an organization should not fall.

It is hard to imagine a truly “best practice” - one for which there is no better alternative in any circumstance. (Wearing a helmet in rock fall environments and a PFD when on water come close). Well crafted standards take this into account. They are clear as to what they are offering, which may range from “consider this,” to “most folks we reviewed do it this way” to “failure to follow this will expose your client to extreme danger.”

Standards, like industry practices, regulations and statutes, may be used by a Court to determine if a duty of care has been violated. A good statement of a standard will be clear about its intent. It will be interpreted by a Court of law in accordance with that announced intent and usage.

Some standards set precise measurements – strength and weight bearing capacity, for example. Others address more flexible and subjective issues – group size, adequacy of supervision, emergency response plans, etc. The latter are often drawn in anticipation of an expert reviewer determining what is “appropriate” under the circumstance.

A few randomly selected examples of standards:

•  “Does the camp have a program of training and rehearsal to prepare the staff to carry out their responsibilities in emergency situations?” (American Camp Association);
•  “The Program has conducted a hazard assessment and risk analysis for all program activities” (Association for Experiential Education );
•  “Lanyards shall have a minimum breaking strength of 5,000 lbf” (Association for Challenge Course Technology);
• “The organization shall have a supervisory plan in place for all activities” (Association for Challenge Course Technology).

Objections to standards may arise from a misunderstanding about what degree of compliance is expected, or required. Is no deviation allowed? Are some standards mandatory and others only strongly suggested, or instructive? Other objections address the qualifications, including the experience and diversity of views, of those who create the standards. These issues are manageable in the formation of a standard and its publication to an audience. They are no excuse for categorically rejecting’ standards as a part of our profession.

I see both ethical and legal problems in the anti-standard argument I described above.

As a service provider you owe it to your clients to know what others in your field are doing – standards of varying degrees of authority, prominent industry practices and the internal practices and policies of highly respected practitioners, including your own. Failure to look beyond your own practices is the height of arrogance. If you are not acting in accordance with a customary industry practice, you must determine “they” are wrong and you are right, or change what you are doing. “They” may in fact be wrong, but if you deviate from prevailing practices you had better have a good reason for doing so. As I have said elsewhere: don’t do anything you can’t explain to twelve strangers.

Which takes us to the legal piece of this discussion. The law requires us to act reasonably in our dealings with others. “Reasonableness” is acting as a reasonable practitioner would act in the same or similar circumstances. ‘Reasonableness” is a standard of behavior in the law of negligence. It establishes the duty of care owed. Well considered and articulated standards are an effective means of determining what is “reasonable” by experts in the field. Industry standards are not a safe harbor in all circumstances. See for example the case of T.J. Hooper, et al v. The Northern Barge Company, 60 F26 737 (1932), in which a prevailing practice in shipping on the mid-Atlantic coast was found to be negligent. But if you are in compliance with a good set of standards, you are, as they say, playing the house odds.

Generally courts consider the violation of a standard as only “some evidence” of negligence. The violation of a particularly authoritative standard might create a “presumption” of negligence (a presumption which could be rebutted by evidence that the offending party was NOT in fact negligent). A violation of a law – a law is a standard of sorts – may in some limited circumstances produce a finding of “negligence per se” (a ruling that a standard of care was breached). In this case, the plaintiff would still have to prove some loss, caused by the alleged violation. The elements of negligence are: a duty, a breach of the duty, a loss, and a causal connection between the breach and the loss. Negligence per se is a finding that a duty of care was breached.

Experts can be found who will disagree about a standard: what it means, its application in a particular circumstance, and whether it is “right.” But generally, depending on the quality of the contributors to a set of standards and the acceptance of those standards in an industry, the “standards” side of the argument is where you want to be. You should expect to be held accountable if you deviate. You deserve to be held accountable, unless you can explain your deviation, or convince a jury or judge that the standard is not a good one. Furthermore, you cannot avoid accountability by disassociating yourself from organizations that set the standards.

Standards are embraced by those who seek excellence in their operations. The priority for such people is quality programming and good service to clients – not the avoidance of litigation. Standards may be seen as a threat by those who are not so careful and choose not to learn what others consider desirable practices. Inevitably an organization’s performance will be measured by some external factor – and standards may play a role in that measurement. But the answer is not to avoid the creation or adoption of standards: it is to be sure that standards are reasonably created, articulated and understood. There is a risk in violating a standard. There is a greater risk in not knowing what others, including experts in the field, are doing.

__________________________________________________________________________

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. More of his pieces and resources are online at his website. 

By Shawn Tierney

One of the hallmarks of successful experiential programs committed to continuous improvement is the judicious use of an external review. A long established practice in diverse professions such as health care, law, and academia external reviews are becoming more commonplace within the field of experiential and adventure education. However, I still find that among many outdoor program directors, administrators, and staff questions remain regarding the process, cost and benefits of such a review.

What is an External Review?
Not only do different types of professional reviews exist, the very definition of the term, the process for conducting the review and the desired outcomes may vary substantially depending on the type of profession involved and the objectives of the review. For the purpose of this article we will narrow the focus to the field of experiential / adventure education and define the term “external review” as: An independent, objective assessment of an organization’s practices for the purpose of identifying areas of exposure (liability), implementing or maintaining standards, establishing credibility and improving institutional performance -- especially in the area of safety and risk management. The defining characteristics of the external review are: a) the use of a highly qualified individual who is outside of (or external to) the organization, b) the reviewer has relevant expertise with the field or a specific aspect of the profession (i.e., is a professional peer), and c) the method, scope and outcomes of the review are well-defined and determined collaboratively between the reviewer and the organization prior to the review taking place.

The Importance of an External Review
An important feature of a well designed external review (and a compelling reason for conducting a review) is that it can help an organization assess whether or not it is conducting its activities in a manner consistent with its peers. This concept has important legal ramifications, especially as it relates to the management and conduct of technical activities such as rock climbing, sea kayaking, etc.

Other tangible benefits include:
➢ Objective, independent analysis of the organization and its programs;
➢ A review will provide valuable insight and feedback from an outside perspective;
➢ A review can point out “blind spots” and other overlooked elements in your programming; (i.e., another “set of eyes” to review current practices);
➢ Marketing value, legitimacy; (i.e., it’s not just you saying your program is solid, it is being confirmed by an outside source!);
➢ A review can help immensely as you prepare for or work toward accreditation (such as AEE, Independent School Associations, ACA, etc);
➢ An independent review may assist in developing a stronger relationship with insurance providers;
➢ A review can identify practices that are inconsistent with industry standards, or out of step with the "reasonable person" standard that defines negligence (Editor's Note:  See Reb Gregg's article in this issue for more details about this concept).

Getting Clear on the Process
An external review does not have to be an exhaustive “audit” of an entire organization, although it certainly could be. More commonly, an external review might involve having the reviewer examine a single aspect or component of a program. For example, a review might focus on assessing the organization’s climbing program, or its water activities, policies and procedures, risk management plan and other relevant documentation, or its new staff hiring, orientation and training process. It could include a review of how the organization handles its safety briefings and debriefings. This is where the process of setting up the external review and selecting your reviewer factors in. Not only should the organization have a good understanding of what they want the review to accomplish, the reviewer needs to clearly define the method and scope of the review.

There are important considerations when selecting who will do your review as there are many individuals and organizations that offer a “review” type of service. Certainly, you want to consider the reviewers expertise, context and setting of the review (does the reviewer have relevant experience/background with your setting – university outdoor program, therapeutic program, at-risk youth, etc?), cost, etc. Your reviewer (or the organization providing the review) should also be able to provide you with a list of past clients that you can speak with about the quality of the review. Regardless of whom you select, make sure your reviewer has a clearly defined process or method for conducting the review. __________________________________________________________________________
Shawn Tierney  is the Director of Programs for the Association for Experiential Education (AEE ).  He is responsible for overseeing the association’s accreditation program and risk management services.  With over 25 years of experience in the field of experiential education, Shawn has worked as an instructor and program director for various organizations including Outward Bound, UC Berkeley, and the Colorado Mountain School.  He can be reached at shawn@aee.org

By Steve Smith

I am proud to have Martin LeBlanc as a friend and colleague.  He took some time from his very busy schedule (as the National Director of Youth Programs for the Sierra Club) to talk with me, and had the following answers to share: 

1) What are your responsibilities as the National Director of Youth programs?
I manage our main youth programs Building Bridges to the Outdoors and our Military Families Outdoors program. I also mange a staff of six across the United States. Last year we helped 200,000 youth have outdoor experiences

2) How does your job support the overall mission of the Sierra Club?
The Sierra Club realizes in order to have a new generation of conservationists we must engage them in outdoor experiences when they are young so they have a connection with nature that can help them find their special place in it leading them to explore and then protect it.

The Sierra Club’s mission is:

• To explore, enjoy, and protect the wild places of the earth;
• To practice and promote the responsible use of the earth's ecosystems and resources;
• To educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out these objectives.

3)  What are some trends you’ve seen in society that you are working to influence? How is being a kid different than it was when you were young?
Being a kid is tough these days. So many children have not had the opportunity to build a tree house or take a “bike ride to nowhere.”  There is so much structure in the daily life of youth that many young people now find it hard to have time to just play outdoors. The three main trends I see is the structure our children have and the fear many parents have in letting their children play outdoors along with the 50 hours of electronic media per week youth are engaged in today.

4)  What have been some success stories that you’ve had in regard to the last question?
There are always success stories because you truly see the power of the outdoors and how it can inspire young people. One does stand out to me: Juan Martinez was a young man who grew up in South Central LA and had never actually seen stars in the sky until one teacher gave him an opportunity to go to the Teton Science School, Outward Bound, and other programs where Juan found equality in nature. Juan leveraged that experience to open a door to a new world and is now the Natural Leaders coordinator for the Children and Nature Network and the first member of his family to graduate college. Juan is a national leader in youth organizing and he attributes it to that outdoor experience.

5)  What are some ongoing challenges you’re facing in achieving your mission? Do you have any new plans or approaches to overcome those challenges?
The challenge is two fold; one is convincing decisonmakers that getting children outdoors has tangible benefits that help young people become leaders. Many see natural experiences as a kumbaya effect that does not really help make children happier, healthier and smarter.  Research suggests otherwise. The other challenge is funding for outdoor programs, especially in this economic climate.

6)  How did your own adolescence influence you to do the work that you’re now doing? What lessons did you learn that you’d like youth to learn today?
I was a troubled youth myself and an outdoor experience as a teenager through Outward Bound which helped put me on the right track, I was also an outdoor education instructor after college and I saw from my own experience and working with others that outdoor experiences can help the kids who may have given up.  I guess my big lesson is that metrics are important but if we help one child get the confidence to be a leader through outdoor experiences we are doing something right!

7)  In addition to being an advocate for youth in the outdoors, what do you like to do outdoors yourself?
I love a variety of outdoor pursuits; my favorite has always been backpacking and I try to get in a weeklong trip every year.  With the current hustle and bustle of my life, I have really taken to trail running.

8)  You’ve been rumored to be a big sports fan, which is somewhat unusual in the green, outdoors community. Do you have any stories about being accepted or not in the outdoors community as a result of your being a fervent sports fan?
I am a massive sport fan as I played a variety of sports as a kid and it is a huge outlet for me (especially when I can yell at underachieving, over-rated players on TV!). I think some in the outdoor community do not like team sports and are taken aback by my “habit.”  However, I think team sports show how important teamwork is for success and as a manager I try to instill that in my staff.

9)  You’re also a new parent. What advice do you have for parents seeking to connect their kids with the outdoors?
Get them outdoors early! Our daughter Amelie (pictured above) has already been camping in the North cascades and the Olympics. She already has shown a comfort and seems more relaxed outside. Never to early to start in my opinion as it can bring the whole family closer.

10)  Although you live in Seattle, you travel a lot as well, so you have a lot of perspective on different parts of the world. What do you see other cities doing well that we can learn from, in terms of connecting kids with nature? And what are you proudest of regarding the Pacific Northwest’s efforts to get kids outside?
I am very proud of the Pacific Northwest’s efforts to connect children and nature. From Islandwood and the North Cascades Institute, two of the premier outdoor schools in the country, to the community coming together in 2007 to pass the groundbreaking No Child Left Inside Act which helped 100,000 children get outside. One city that I am learning from is Chicago, where Chicago Wilderness has done a good job of connecting all of the outdoor and environmental education programs. One frustration I have is that so many of our outdoor and environmental education programs are siloed.

11)  What advice do you have for programs that are seeking to expand their abilities to connect kids with the outdoors?
Partner with others and think outside the box. Promote yourself to not the normal audience but work with businesses in your local community. Tell the stories through the eyes of the youth who have benefited as it can show how outdoor programs grow community leaders.

12)  Any final words to the outdoor community?
Outdoor education professionals should take pride in what they do, as showcased by President Obama in his America’s Great Outdoors report on conservation:  Connecting America’s youth with the outdoors is critical.  Outdoor education professionals are on the front lines, making a difference each and every day.

October 5-7, 2011
Boston, MA

Practical Solutions for Challenging Issues

The core objective of the Wilderness Risk Management Conference (WRMC) is to offer an outstanding educational experience to help you mitigate the risks inherent in exploring, working, teaching, and recreating in wild places.  Now accepting submissions for the 2011 conference (deadline at end of March). 

March 25-27

Salem, Oregon

What are some key conference highlights?

Workshops: 28 workshops that are offered Friday, Saturday, and Sunday: schools and colleges, adventure based programming, experience-based training and development, facilitation /processing, program administration, social justice & ethics, and therapeutic adventure and adventure therapy.