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Duty of care in study abroad programs: What legal responsibility do universities have?

Tamara Gugel
in
Universities
at
March 30, 2026

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Behind every international stay lies an obligation that many universities must acknowledge. In academic mobility, the most important aspect will always be protecting students’ safety and well-being, a commitment commonly referred to as duty of care. Although the term comes from the Anglo-Saxon legal tradition, its reach has expanded into European higher education, especially within exchange schemes and study abroad programs.

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The duty of care

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The concept of duty of care refers to an organization’s obligation to act diligently to prevent foreseeable harm to the people under its responsibility. In the university setting, it describes the institution’s duty to safeguard students’ physical and emotional integrity, even when they spend part of their studies outside their home country.

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The international nature of academic programs means that this responsibility cannot remain confined to campus. The institution takes on an indirect role as guarantor of student safety during travel, stays, and activities abroad. Under these circumstances, sharing generic information about the destination is not enough; the university needs active risk management and genuine support even before each departure.

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Legal responsibility and risk management

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The institution’s commitment is both legal and moral. Beyond complying with the regulations of the home country, it is also crucial to consider the legal framework of the host country. That dual perspective demands careful planning and coordination among academic departments, mobility offices, and legal teams.

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A key element involves selecting reliable institutional partners. Before signing agreements with overseas universities or housing providers, it is essential to review their safety measures, emergency protocols, and health coverage in detail. By doing so, the institution demonstrates reasonable diligence, a factor that can prove decisive in the event of legal claims. In addition, smooth communication with students remains essential. Providing clear information about local risks, health conditions, visa requirements, and responsible behavior lowers the likelihood of incidents.

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Abroad by Lodgerin offers precisely that type of support in risk management. It is an international program management platform for universities that centralizes the search for verified housing, with access to over 90,000 rental units in different countries, and adds services such as immigration advice for residence permits, incident management, and a 24/7 emergency hotline in a single environment. This solution simplifies student monitoring and eases the operational burden on mobility teams.

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Cases that set a precedent

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Over recent years, several lawsuits in the United States and the United Kingdom have tested the real scope of duty of care in higher education. In some cases, courts concluded that universities failed to act with the required level of prudence when they did not provide adequate guidance on risks or when they omitted basic protective measures.

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In continental Europe, even though legal frameworks differ, institutions follow these decisions closely. International relations offices increasingly rely on external advisors specialized in risk management, aware that a single incident can lead not only to legal consequences but also to reputational damage. Transparency in these processes and the existence of verifiable protocols help demonstrate institutional responsibility to families and the wider public.

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How to strengthen the duty of protection

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A university committed to duty of care usually structures its actions around several core lines.

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  • Pre-departure training: workshops and information sessions help students understand cultural differences, safety standards, and support channels. A well-informed traveler responds better when something unexpected happens.
  • Action protocols: having an emergency plan that includes local contacts, medical services, and consular support speeds up the response to accidents or crises. Many incidents cannot be entirely avoided, but their impact can be reduced when clear procedures exist.
  • Coverage and assistance: comprehensive health and liability insurance protects both the student and the institution. Some countries require specific policies that must be reviewed thoroughly before the program begins.
  • Ongoing monitoring: technology already allows for continuous communication through geolocation platforms, secure messaging tools, and automated alert systems. Used thoughtfully, these resources strengthen mutual trust and make it easier to act promptly when a warning sign appears.

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From regulatory compliance to ethical commitment

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Meeting duty of care obligations also reflects a modern view of international education, grounded in social responsibility and deliberate risk management. Because universities support their students even at a distance, their well-being becomes a direct extension of the institution’s mission. For that reason, guiding students throughout their experience abroad fosters a culture of care that goes far beyond legal requirements.

About the Author

Tamara Gugel

As Chief Marketing Officer, Tamara leads the company's Marketing team, bringing a 360-degree vision to the department and applying technological innovation in the real estate market.

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