13. Current Issues
The ethos of higher education underwent a profound transformation in the 1990s, when the replacement of student grants by loans was compounded by the requirement that students should contribute towards the cost of their degree-course. Although the responsibilities of universities have not changed, the perceptions of students and, perhaps as significantly, those of their parents have.
Shorter language degrees
One result is that students are more aware than they used to be of the cost of their studies and are more concerned to find the most cost-effective course. In the case of modern languages, that may well mean rejecting the standard four-year degree and opting instead for a three-year course with a 'major' in another discipline and the language as a 'minor' without a compulsory period abroad. It might be argued that the committed and proficient linguist would not wish to reduce the language study to a minor element: those who intend to pursue two foreign languages to a high level would not be able to avoid a period abroad. None the less, some institutions already offer three-year degrees in languages. Some have in mind the 'high flier'.
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King's College, London offers a three-year Single Honours in French in which ten course units are taught at King's and two at the British Institute in Paris during the second semester of the second year. This course is intended for students with proven linguistic ability, and has higher entrance requirements than the four-year single-honours course at King's. Assessments during the semester in Paris count towards the final mark for the degree to the value of two course units.
The University of East Anglia offers the option of taking a Single Honours BA in French, German, Danish, Norwegian or Swedish in three years to applicants with an A grade at A-level or its equivalent in the language. The second semester of the second year is spent abroad at a university and the work there is assessed and accredited for the degree. |
Others link the three-year structure to courses for ab initio linguists or combined studies.
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The University of North London offers 'a language degree in three years' in French, German and Spanish by 'fast-track study' alongside the traditional 4-year degree. Students spend the fourth semester abroad and beginner entrants on the three-year route are required to take an intensive one-month language course abroad in the summer immediately after their semester placement for which the University pays. Students on placements abroad (3 or 4-year courses) have to take and pass a formal credit-rated language exam once they are back in London before they can begin the final year of their course.
The BA Honours degree in European Studies at the University of Portsmouth offers a three- or four-year path. The degree provides a broad introduction to European history and the idea of Europe, together with an understanding of the institutions, policies and law of the European Union. Students can also choose options related to the country whose language they are studying. They can choose to study either one or two languages. If they choose to study one language, they can opt for the three-year degree with optional study abroad in Semester 5. |
The widespread introduction of modular course structures has led, in many HEIs, to the situation where the student has a wide area of choice as regards the combination of modules from which the degree-course is made up, with the result that language departments have had to link the regulation making a period abroad compulsory to the proportion of the student's programme that is made up of language and language-related modules; e.g. a programme including half or more of its modules from the language area will produce a BA in Spanish and History and require the completion of a period abroad for the award of the degree, whereas a programme in which the language modules constitute less than a half will produce a BA in History with Spanish with no compulsory period abroad. (It is to be hoped that employers understand the distinction indicated in the titles.) The examples given above show, however, that the option of a three-year specialist degree in one or more languages is felt to be a legitimate development and more such courses will no doubt become available in the years to come.
The one-semester-out structure implies that fourteen or fifteen weeks are sufficient to achieve the objectives - linguistic, intercultural and personal - of the period abroad. The fact that three-year courses are often presented as an option for those whose linguistic proficiency is already higher than the average suggests that improving linguistic proficiency is possibly seen as the sole objective. The question of intercultural learning must, however, be taken seriously and the need for a thorough training in the methodology of ethnography linked to a specific project, as proposed by LARA, is evident if the limited time abroad is going to yield a worthwhile result. (It might be argued that students of two languages on a four-year course normally only spend half a year in a given country, but the cumulative effect of exposure to two foreign cultures over the space of a year provides more scope for the development of intercultural insights, even at the level of osmosis.)
| The designing of three-year language degrees with one semester abroad may well provide opportunities for closer integration of the period abroad with the learning process throughout the rest of the course, but the need for the students to know how to take responsibility for their own linguistic and intercultural learning while they are abroad is all the greater on this kind of course. |
Finance
It was noted in Section 7 that many departments have reduced the number of visits to students or even suppressed them as a result of financial constraints. As a significant number of language departments lose their autonomy and are merged with larger units, the allocation of funding within those institutions is less likely to take account of the special needs arising from residence abroad. Even in institutions that retain a separate structure for languages, the constant reduction in the unit of resource has led to an erosion of the level of support for the period abroad, not only in terms of visits but of other crucial aspects as well, such as the number of hours devoted to language tuition specifically related to residence abroad. The recent rebanding of languages other than French should have made a difference, but there is evidence that, in some HEIs, the extra finance is not being passed on to language departments.
In March 2000, the RAM group organised a workshop for 'decision-makers' (pro-vice-chancellors, deans, finance officers) to persuade them of the need to maintain a sufficient level of funding within their institutions to enable language departments to carry out their responsibilities regarding residence abroad properly. In the longer term, however, there is a need for a sustained campaign on the part of organisations such as UCML and SCHML aimed at the funding councils and government ministers. One development during recent years which could possibly aid such a campaign is the increase in courses organised by departments other than languages (business, engineering, design, etc.) and involving residence abroad. Their awareness of the resource demands made by residence abroad should help to allay the impression that language departments are indulging in unjustified special pleading.
The Liability of Universities for Students Abroad
As has been indicated above, one of the secondary, though perhaps predictable, effects of the changed financial relationship between the student and the HEI has been the greater interest in the details of the course, living conditions, etc. taken by parents, who are usually footing the bill. In matters concerning residence abroad, the combination of extra cost and perceived greater lack of security makes them uneasy. Parents have taken to accompanying their offspring to Open Days for applicants and some language departments have begun organising separate briefing sessions for them in which they can discuss the realities of residence abroad. Some send a copy of the documentation about the period abroad to the parents at the same time as it is given to the students.
This may be a regrettable feature of the new ethos. However, it highlights problems that were previously rarely considered. One or two well-publicised incidents in the last few years involving students abroad have raised questions about the legal responsibilities of universities towards their students and even those language staff who choose to reject any involvement with parents on the grounds that the students are adults need to be aware of the grey areas. It may well be only a matter of time before a university is sued for negligence regarding some aspect of the period abroad, for the experience is anomalous in many ways: the student is enrolled at the home institution but not present at it, required to carry out certain activities for which the home institution is not directly responsible, perhaps expected to work in conditions that would not be acceptable in the home country. This latter point has caused some concern recently regarding work-placements: for instance, can a UK HEI require a student to work in conditions abroad that would contravene the Health and Safety regulations in Britain?
Most problems have to be worked out on a case-by-case basis. However, LARA has taken legal advice on the general question of an HEI's liability towards students required to spend a period abroad and presents that advice here for the guidance of language departments.
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Liability of a University to students The extent of a university's responsibilities towards students who are required to go abroad as part of their course will depend on the terms of the "student contract". The terms of the student contract are contained in the student prospectus relating to their course, together with any other associated documentation (eg student handbooks, offers of places on a course and registration documents). Ideally, a course prospectus should, amongst other things, set out the respective rights and obligations of the university and the students in relation to work placements/educational courses overseas and for accommodation during the period spent abroad. The prospectus should also make clear the respective responsibilities of the UK educational institution and any overseas institution in relation to accommodation and delivery of courses/work placements overseas. In the absence of express terms covering these areas, there is a risk that a UK university will implicitly be responsible for making arrangements and even for the quality of the course/placement. If a university, under the terms of the student contract, agrees to arrange (or assist in arranging) work placements and/or places on educational courses overseas, failure to make such arrangements (or, if the university only agrees to assist, to take reasonable steps to give such assistance) will be a breach of the student contract and could render the university liable to a claim for damages and/or an injunction to make the arrangements/give assistance. Furthermore, where a university agrees to arrange or assist in arranging such placements/course places, there will be an implied term that it will use reasonable skill and care in making such arrangements or giving such assistance, e.g. in selecting appropriate institutions and checking courses/placements for quality. This implied liability can only be excluded if it is reasonable to do so and if doing so would not be deemed unfair under the terms of the Unfair Terms in Consumer Contracts Regulations 1999. Consequently, if agreeing to arrange or provide assistance in making such arrangements, universities should ensure that they take reasonable steps to find suitable placements/course places which are appropriate for students' needs. What constitutes "reasonable steps" will depend on the circumstances of each case. However, in my opinion, universities which agree to make such arrangements or give such assistance in their prospectus should, amongst other things, take steps to try to ensure that sufficient places will be available at appropriate institutions, e.g. by way of exchange agreements with overseas institutions. They should also satisfy themselves that appropriate systems are in place to ensure that quality and standards are maintained and that any accommodation provided by the overseas institution is adequate. In addition to any responsibilities assumed under the student contract, a university has a duty of care to take reasonable steps to avoid any harm to those who might foreseeably be affected by its actions or omissions. In this context, for a university which arranges or assists in arranging overseas placements/courses, the extent of this duty is probably the same as the contractual duty to use reasonable care and skill described above. In view of the potential liability to students described above, some universities may prefer not to be involved in making arrangements or providing assistance in relation to overseas placements and courses at all. If so, they should draw this to the attention of students in their prospectus. Where the prospectus makes it clear that no assistance will be provided by a university in relation to overseas arrangements, it is extremely unlikely that the university will be liable for any failure by the student to find a suitable placement/course or for the quality of any placement/course. However, failure by a university to become involved in such arrangements may render ineffective any provision purporting to require a compulsory period of work/study abroad. It would be best in these circumstances to explain in the prospectus what will happen if the student fails to find a suitable course/placement. Liability of a University in relation to third parties for acts or omissions of students overseas There is sometimes concern that a university (or even a university employee) might be held liable for the actions of a student during a period spent abroad. I should preface my advice in this section with the important caveat that I am advising only on the law of England and Wales and that the position may well be different under the law of another country. In view of this, universities may well wish to take local law advice to ascertain the position in relevant countries. The general rule under the law of England and Wales, subject to certain exceptions, is that a university is not liable to third parties for the actions of its students. So, for example, a university will not be liable for damage caused by a student to property of another student whilst under the influence of drugs or alcohol on non-university premises. A university may nevertheless wish expressly to extend students' conduct obligations under the student contract (including any student code of conduct) to periods spent abroad in order to protect the reputation of the university. The exceptions to the general rule stated above are where the university owns or controls premises (when it might be liable for actions of students on those premises) and when the university agrees with a third party to accept liability for the acts or omissions of students. I have assumed that, when students spend part of their course overseas, universities will generally not own or have control over the premises in which the students live, work or study. If they do, liabilities might arise in relation to actions on those premises. The rest of this section deals with a university's potential liabilities to an overseas employer or educational institution in respect of the actions or omissions of students. This will depend on the nature of the agreement between the UK university and the overseas employer/institution. For example, there is likely to be an implied obligation on the UK university to take reasonable care only to introduce students who are suitable and appropriately experienced/qualified for any course. The same principles apply to introductions for work-placements. It is clearly preferable to have the terms of any such agreement set out expressly in a written document. From the point of view of the UK university, it is by far preferable for such an agreement to be expressly subject to the laws of England and Wales (since otherwise the interpretation and effect of the contract may depend on foreign law). Any attempts by the UK university to exclude liability for failure to meet its obligations under the contract will only be effective if reasonable. |
| Ultimately, the more the period abroad is integrated with the rest of the course, with the learning process tied in sequentially to a planned progression, properly assessed and accredited, and the students prepared for all foreseeable eventualities, the less vulnerable the department will be to charges of negligence. |