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International Education Programs: Risk Management Albert Einstein once said, “There is no scientific antidote (to the atomic bomb), only education. You’ve got to change the way people think. I am not interested in disarmament talks between nations - What I want to do is to disarm the mind. After that, everything else will automatically follow. The ultimate weapon for such mental disarmament is international education.” Although those words were spoken decades ago, they are most applicable in the current era of our society. Today, international education programs are faced with several socio and macro-economic challenges, particularly in the United States. These dynamics significantly impact the education programs, driven primarily by government intervention. This paper will explore the interrelationship between government, institutions, students, and risk management, and prove that U.S. government interaction negatively impacts the effectiveness of post-secondary international education programs. Antiquated regulations severely limit operational execution and potential innovation, resulting in an increase in both regulatory and financial risks for the participating institutions.
Challenges in the regulatory environment are ever increasing, including financial headwinds that significantly limit the regulatory bodies. Such constraints lead to restrictive prioritization of their tasks in order to stay effective. Their priority setting process, understandably non-transparent, helps them to balance which risks they focus on from both a preventative and investigatory perspective. As a result of this prioritization, the private sector, typically significant players in the dynamics of international educational programs, is led to confusion with varying levels of compliance to regulations. Due to these reasons, it is unlikely that regulators will assess the efficacy of risk processes as they pertain to international students.
Higher education programs in the U.S. have undergone significant change for quite some time, with technological advancements leading the way. Participation within traditional in-country programs within Universities is also changing. 7 million students are estimated to take at least one online class with millions more to come. Electronically delivered instruction is the trend, and many other countries are exploring this avenue. A survey done by the Babson Survey Research Group and the College Board, reported that over 6.1 million students were taking at least one online course during the fall term of 2011. International students make up a significant proportion of the population participating in these programs. At the same time, there has been significant increase in the number of dual-degree programs as the United States continues to partner with institutions abroad. Regardless of these trends, immigration policies have remained stagnant and outdated, with little to no adaption to these key macro-dynamic signals. All of these had led to an unnecessary constraint in the number of offered innovative international programs due to an archaic immigration environment.
Outside of the United States, globalization places a steep contrast to our outdated regulations. Most governments are establishing rules and regulations that promote the proliferation of international education programs and increase the competitiveness from an economic perspective. They understand the intimate linkage between competitiveness and higher education.
To be truly effective for international students, regulations must adapt to the changing needs of higher education within this societal construct. On the collegiate level, administrators within institutions are facing significant hurdles and challenges driven by these regulations. The biggest risks are the appropriateness to B Visa for tourist in educational purposes, and the regulatory ambiguity regarding applicability of current rules and laws. Other risks include delays of Visa attainment and delays in government response time to document submission and other requests. These can make it very hard to actually recruit students internationally. English language training is also very difficult, with increasing risks and institutions citing lack of resources and support for these programs. Attractiveness of programs can be hurt by financial risks given the cost and uncertainty of these programs. Regulations allow international students to enroll in English programs, but only if the courses comprise of a full course of study – which is completely opposed to actual market demand.
Additionally, there is growing administrative risk regarding communications between institutions and the government. Quite often, conflicting information is given to international prospective students. Most of risk is related to visa requirements to participate in part-time, full-time, summer, or other types of programs. If the communications are not clear, then the international students are detained at the point of entry. Other points of risk concern the recertification process regarding various programs such as SEVP, ESL and custom hybrid programs. Again, delays in communications (i.e. response rate for applications) increase frustration and inhibit the administrators’ ability to recruit new students.
The visa policy of the United States must change to appropriately contribute to the identification of desired outcomes and shared rules for post-secondary international education programs. The Department of State grants a B-1 Visitor visa and a B-2 Visitor for Pleasure, however DHS regulations prohibit a Visitor from enrolling in a “course of study”. The Department of State’s Foreign Affairs Manual provides that travelers intending to “participate in scientific, educational, professional, or business conventions, conferences, or seminars” or “undertake independent research” might be eligible for a B-1 Visitor for Business visa. The term “course of study” must be better defined as it leads to ambiguity and lowers our competitiveness as a country due to turning away people at the port of entry.
The benefits of these international education programs may add value to the overall society, a group of individuals, and simply to an individual. To objectively assess these benefits, they must be identified, articulated, backed by evidence, and sufficiently outweigh the risks of further proliferation. This has been done through numerous studies, and through the realization of several institutional, regulatory, and societal driven risks. It is impossible to eliminate a risk, however one should do their best to mitigate it. There are both risks that can cause tangible harm, such as economic risks, damage to earning power, and loss of liberty/freedom of movement. And then there are risk that are cause more intangible distress, including reputational harm, personal/family fear, workplace/social anxiety or personal embarrassment. There is also societal harm, including damage to institutions and loss of societal trust.
As a first world nation, we must also try to ensure that the effectiveness of these programs is well known and applicable to the students. These services help to ensure that the students get the most of out of their experience from both a cultural and educational standpoint. As communication with the government becomes better and more transparent, then the institution is allowed more time to effectively plan and execute health and safety programs, as well as other support services and events. International students also need crisis support, as many issues can arise from a long international trip in a foreign country. If the objective of risk management is to maximize the potential for success, then we should all in our power to ensure that the programs we offer mitigate the possible risks as much as possible.
We must ensure that the goal of any international education program that is offered is to increase the expertise, knowledge, and cultural experience for the students. This is particularly true when we evaluate the need to avoid legal risk surrounding international students, including both long-term and short-term international travel for educational purposes. Some of these risks include foreign liability, indemnification, and crisis management. Sponsored programs must deal with risks such as compliance to the Defense Base Act, FDA, EPA, ADA, the Clery Act, and more. For contractual programs (programs outsourced to a 3rd party to manage), a considerable amount of liability is transferred to the contracted provider, and this limits the exposure to the home institution. All of these efforts are put in place simply to comply with the archaic international laws of the U.S. and should be adjusted accordingly to keep up with the times.
In conclusion, given the changing macrodynamics and growing trend towards international education programs, it is necessary for the government regulations to adapt accordingly. Regulations must be loosened, adapted, and reengineered to allow for more flexible application to give our country a competitive advantage and attract more desired students from other countries. Rules should be edited to be more streamlined and optimized in order to allow institutions to better mitigate risks, plan for competitive educational curricula, and ensure a beneficial experience for the travelling students. Time will tell if we do get to see a change in these policies. Until then, I leave you with a thought from Thomas Jefferson, “The care of human life and happiness, and not their destruction, is the first and only object of good government.”
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References
Source 1: Van Hook, S. R. (2011). International learning institutions: organization, visions, and missions. Walden University: Minneapolis, MN.
Source 2: Fischer, K. (2011, May 15). Crisis of Confidence Threatens Colleges. Retrieved from http://chronicle.com/article/Higher-Education-in-America-a/127530/
Source 3: Taylor, P., Parker, K., Lenhart, A., Patten, E. (2011). The digital revolution and higher education; college presidents, public differ on value of online learning. Pew Social & Demographic Trends: Washington, D.C. Retrieved from http://www.pewsocialtrends.org/files/2011/08/online-learning.pdf
Source 4: Bain, O., & Cummings, W. (2005). Where have the international students gone? International Educator, 18-26.
Source 5: http://www.ajgrms.com/portal/server.pt/gateway/PTARGS_0_28406_550484_0_0_18/International_Ed_Programs--Managing_the_Risks.pdf

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