An Employer's Guide to Developing an Internship Program by Texas State University Career Services

An Employerâ&#x20AC;&#x2122;s Guide to Developing an Internship Program Brought to you by Career Services

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BOARD OF REGENTS Charlie Amato Chairman SWBC

David Montagne Regent Sabine River Authority of Texas

Donna N. Williams Vice Chair Parsons Infrastructure and Technology, Inc.

Trisha Pollard Regent Pollard Development, L.P.

Dr. Jaime R. Garza Regent Texas Plastic Surgery and Renew Associates, P.A.

Rossanna Salazar Regent ROSS Communications, Inc.

San Antonio

Arlington

San Antonio

Kevin J. Lilly Regent Morgan Stanley and Company Houston

Ron Mitchell Regent Horseshoe Bay Resort Enterprise Horseshoe Bay

Beaumont

Bellaire

Austin

William F. Scott Regent Trans-Global Solutions Inc. Nederland

Ryan Bridges Student Regent Huntsville

Brian McCall Chancellor

TABLE OF CONTENTS Introduction..............................................................................................................................................5 What is an Internship?..............................................................................................................5 Benefits and Responsibilities..........................................................................................6 The Employer’s Role.............................................................................................................6 The Student’s Role..................................................................................................................6 The University’s Role...........................................................................................................7 Checklist of Commitments.............................................................................................8 How to Create a Successful Internship Program...............................9 Setting Goals..................................................................................................................................9 Writing a Plan ..............................................................................................................................9 Recruiting Interns...................................................................................................................10 Managing Interns...................................................................................................................11 Creating an Intern Supervisor’s Handbook.................................................11 Developing Quality Work Activities......................................................................12 Orientation & Training...........................................................................................................13 Orientation Checklist..........................................................................................................14 Supervising an Intern...............................................................................................................15 Evaluating the Internship Experience..............................................................16 Legal Issues to Consider......................................................................................................17 Additional Resources and References...............................................................21 Sample Forms/Resources..................................................................................................23 Internship Job Description............................................................................................25 Site Supervisor’s Student Intern Final Evaluation................................27 Internship Final Student Evaluation...................................................................31

POINTS OF PRIDE The University • Texas State’s 34,413 students choose from 97 bachelors, 87 master’s and 12 doctoral degree programs • The university’s students come from 231 of the 254 counties in Texas, as well as from 48 states and 63 countries. • Hispanic Serving Institution since 2010 and ranked 16th in the nation for the number of degrees granted to Hispanic undergraduates • Ranked 13th in the nation among the best four-year colleges and universities for veterans in Military Times EDGE magazine • For the seventh consecutive year, Texas State University-San Marcos has been named one of the best colleges in the West for 2012 according to The Princeton Review. • In fall 2005, Texas State opened its first permanent facility at the Round Rock Higher Education Center; its campus is in Round Rock, Texas. • The technology curriculum is designed to produce a qualified workforce for the high-tech industry, with programs in manufacturing, engineering and semiconductor manufacturing. The new Mitte Complex, which opened in fall 2003, includes a stateof-the-art microchip fabrication facility. • The sound recording technology program, housed at Texas State’s unique Fire Station Studio, is the only degree program of its kind in the Southwest. • The stuttering therapy program is the only one of its kind in Texas and the first in the nation. • Only university in Texas to have graduated a U.S. president: Lyndon B. Johnson, class of 1930.

Academics, Faculty and Students • Texas State has the fifth-highest retention and graduation rate among public institutions in Texas. • Texas State has had 18 faculty members honored as Piper Professors for their superior teaching. Only one other Texas university has had more • Texas State’s Department of Geography is the largest in the nation and has been recognized by the Journal of Geography as having the best undergraduate program in the United States. • Texas State certifies more teachers than any other school in Texas. It has been recognized by the Association of Teacher Educators as one of the top three teacher programs in the country and is the headquarters for the National Center for School Improvement, the Texas School Safety Center and other education initiatives that work to meet the challenges of public education today. • Annual external grant expenditures, which totaled less than $2 million in the late 1980s, were $23.25 million in FY05. • Students are offered leadership opportunities in more than 260 social, professional, political and religious organizations. • The Mitte Honors Program is one of the fastest-growing honors programs in the state, serving more than 500 students. • Students in Communication Design continue to sweep competitions in Houston, San Antonio and Dallas, building the Art and Design Department’s reputation as Texas’ leading graphic arts program. • Bobcats compete in 16 intercollegiate sports in NCAA Division I (Football Championship Series in football), where 360 students are scholarship athletes, in addition to a wide-ranging program in intramural and club sports, which are open to all students.

INTRODUCTION In today’s competitive workplace, employers are looking for skilled, quality people who are self-sufficient and highly motivated. Your organization’s chance of finding these types of individuals will increase by developing and maintaining an effective internship program.

WHAT IS AN INTERNSHIP? An internship is a form of experiential learning that integrates knowledge and theory learned in the classroom with practical application and skills development in a professional setting. Internships give students the opportunity to gain valuable applied experience and make connections in professional fields they are considering for career paths; and give employers the opportunity to guide and evaluate talent. Some characteristics of internships include: • Typically, the experience lasts three to six months; however, the duration can be from one month to two years • Usually a one-time experience • Part time or full time • Paid or unpaid • May be part of a formal education program or part of a learning program that someone develops individually • There is an intentional “learning agenda” and structure to the experience • Internships promote academic, career and personal development In 2011, The National Association of Colleges and Employers released a position statement regarding the criteria for an experience to be defined as an internship as the following: • The experience must be an extension of the classroom: a learning experience that provides for applying the knowledge gained in the classroom. It must not be simply to advance the operations of the employer or be the work that a regular employee would routinely perform. How Internships Differ From Part • The skills or knowledge learned must be transferable to other Time and Temporary Jobs employment settings. • The experience has a defined beginning and end, and a job description Internships are similar to part time/temporary with desired qualifications. jobs in that they can both lead to permanent • There are clearly defined learning objectives/goals related to the employment; however, they differ in a number professional goals of the student’s academic coursework. of ways. Most significantly, the purpose of the • There is supervision by a professional with expertise and educational and/ internship is to be a learning experience. or professional background in the field of the experience. • There is routine feedback by the experienced supervisor. • There are resources, equipment, and facilities provided by the host employer that support learning objectives/goals

Organization Employee Benefits Large amounts of routine clerical work Fits into career path Worthy of academic credit Requires close supervision

Internship No No Yes Yes Yes

P-T Job Usually Possible Possible No No

Temp Job No Probably No No Probably 5

BENEFITS & RESPONSIBILITIES Internships provide benefits to the employer, the student and the university. Successful internships require commitments from all parties involved. In this section, we will explore the benefits and responsibilities of each group.

The Employer’s Role The employer reaps the benefits of their interns in a variety of ways. Some benefits include: • Year-round source of highly motivated pre-professionals • F lexible and cost-effective workforce not requiring a long-term employer commitment • Proven and effective way to recruit and evaluate potential employees • Freedom for professional staff to pursue more creative projects • Gain new perspectives from students or suggestions for improvements • Visibility of your organization is increased on campus • Company or organization’s image is enhanced as you contribute your expertise to the interns The employer also has many responsibilities. These responsibilities include: • Recruiting students • Deciding on compensation • Providing a workspace • Setting goals and writing a plan for interns • Offering an orientation and implementing a training program • Assigning an appropriate project • Generating a variety of projects that challenge and stimulate the interns • Creating and defining measurable work tasks • Monitoring and measuring work throughout the experience These responsibilities will be explored in depth later in this guide under the section on “How to Create a Successful Internship Program.”

The Student’s Role Employers are not the only ones with benefits and responsibilities. Student interns benefit from the internship experience by: • Gaining valuable, real-world work experience • Confirming career direction • Being compensated for work (sometimes)

Student interns are also required to: • Work diligently on the activities assigned by the employer • Think of himself/herself as an employee, not a student • Ask for help when needed • Be punctual and enthusiastic for all work duties • Seek out learning experiences to acquire new skills • Satisfy academic requirements, if applicable

The University’s Role At Texas State, Career Services is primarily responsible for coordinating and assisting students with internships. Career Services is committed to providing career resources to the students and alumni of the university. In addition to providing guidance on internships, the office also offers: • Career counseling and planning • Job shadowing • Résumé preparation and mock interviews • Career fairs • On-Campus interviews and résumé referrals The mission of Career Services is to provide comprehensive assistance to Texas State students in each stage of their career development, while incorporating the most current practices and technology. The main benefit to a university that offers an academic internship program is that it shows an overall dedication to student retention, growth and success. In turn, students who take advantage of internships may choose to establish careers within that institution based on the support they received from the university during their internships.

Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishment toward organizational objectives. It is the fuel that allows common people to attain uncommon results.

Responsibilities of the university include: • Assigning an academic or student affairs staff member to oversee the internship • Coordinating activities with the organization • Requesting mid-semester and/or final intern evaluations • Dealing with potential problems with the internship experience as they arise

- Anonymous

A Checklist of Commitments for Internships When an organization, student and university enter into an agreement, each party agrees to carry out multiple responsibilities.

The Organization’s Commitments Provide appropriate, challenging projects or work for the student to do while utilizing the student’s academic background. This work should also provide learning experiences for the student. Pay appropriate compensation (for paid internships). Implement training needed to succeed in the project. Give the student and university timely and appropriate feedback.

The Student’s Commitments Be focused and dedicated to the assigned projects. Make a significant contribution. Think and act as an employee, not a student. Satisfy all academic requirements. Exhibit ethical and professional behavior.

The University’s Commitments Provide opportunities for students to meet with potential organizations. Assign academic or administrative supervisors to oversee the internships. Coordinate activities with the organization. Troubleshoot problems as they arise.

HOW TO CREATE A SUCCESFUL INTERNSHIP PROGRAM As diverse as organizations are in classification, size and product, so too are their internship activities. How do you know what kind of internship program will meet your organizationâ&#x20AC;&#x2122;s needs? Are internships really right for your organization? The most successful organizations that use interns are those that view their interns as potential new hires. The following section will help you design and implement a quality internship program in four easy steps.

Step 1: Setting goals Management should discuss what it wants the goals of an internship program to be. Setting these goals is a key component to a successful program. Some questions to consider include: 1. What does your organization hope to achieve from the program? 2. Does your organization need help with a specific project? 3. Are you rapidly growing and having a hard time finding motivated and skilled new employees? 4. Are you a nonprofit or small organization that has limited resources and budgets, but can provide interesting and rewarding intern experiences? 5. Are you searching for new employees with management potential? 6. Are you looking to promote existing employees and need a pool of qualified new candidates to fill these entry-level positions?

Step 2: Writing a Plan After you set goals, you should write a plan for your internship experience. Remember that managers, interns, intern supervisors, Career Services professionals and faculty will be reading these plans. Make sure you include a detailed job description. Here are some questions to consider: 1. Will you pay the intern? Would this experience be available for academic credit? 2. Do you have adequate staff to supervise and train the intern? 3. Do you have adequate workspace? 4. What kind of academic background and experience are you seeking in an intern candidate? 5. To whom will the intern directly report? Remember that this person should also serve as a mentor to the intern. 6. Who will be the backup supervisor if the direct supervisor is out or unavailable? 7. What activities will the intern perform? 8. How will you train the mentors/supervisors of the interns? 9. Are there any special activities you will want the intern to participate in? Some organizations arrange lunches with executives or invite interns to special events. Remember that interns are walking advertisements for your organization. If they have a rewarding experience, they will tell other students, their professors, and their friends and families. Conversely, a negative experience will translate into negative feedback. 9

Compensation Issues One very important part of the plan is to consider the implications of paid versus unpaid internships. Many organizations choose to pay their interns for a number of reasons. One such reason is the belief that interns who are paid have a greater incentive to do a good job. The old adage “you pay for what you get” applies to interns just like anything else. Employers also believe that they can maintain more control over the quality and quantity of work that a paid intern does for them. “If you’re a for-profit employer or you want to pursue an internship with a forprofit employer, there aren’t going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law,” said Nancy J. Leppink, the acting director of the department’s wage and hour division. According to NACE’s 2011 student survey which garnered responses from nearly 20,000 seniors, found that paid interns in the for-profit sector earned the highest offer rates: More than 61 percent had received a job offer. But paid interns in the nonprofit and government sectors also outpaced unpaid interns, regardless of sector.

Step 3: Recruiting Interns Finding the ideal candidate for your internship position is essential to having a successful experience. Organizations who have successful internship programs suggest the following tips to recruit quality interns: 1. Start early! Begin searching three to four months before you need an intern to report to work. The longer you can accept applications, the better your chance of finding the right person to meet your needs. 2. Use Jobs4Cats, Career Services’s free online job and internship posting database. This is an easy and efficient way to locate talented students for internships, part-time jobs, temporary special projects and permanent full-time hires. 3. Develop relationships with local recruitment resources. Texas State Career Services is a great resource. The Assistant Director for Employer Relations and Outreach is a valuable liaison between you and the students at Texas State. 4. Conduct on-campus interviews. Coordinate this process with the Recruiting Coordinator in Texas State’s Career Services office. Send one to two people from your organization to the campus for interviewing. 5. Market internship opportunities by participating in internship fairs, job fairs and career days. 6. Choose your interns carefully. Treat this process just like hiring for any professional position. After all, these interns may become permanent employees someday. 7. Learn the implications of hiring interns. There are legal protections and regulations that apply to interns just like regular employees. We will discuss the legal issues involved in another section of this handbook.

Who Qualifies for an Unpaid Internship? The U.S. Fair Labor Standards Act determines whether interns qualify for leader/trainee status. If interns meets the following criteria, you are not obligated to pay for their work. However, offering interns payment is an excellent way to recruit highly talented students. The student is not replacing a regular employee. Your organization has not promised the student a job at the end of the semester. Both the organization and the student are clear that the intern is not entitled to wages. Hands-on training for the student is provided by the organization. The training must be beneficial to the student by teaching skills and procedures that can be transferred to other jobs. Source: Wage & Hour Division of the Employment Standards Administration, U.S. Department of Labor.

Step 4: Managing Interns After you plan and hire someone, the hard part is over, right? Not exactly. The first few days of an internship are often the most defining. You will be assigning tasks and signaling what is to be expected in the future. So, how do you plan for success? 1. Train your intern supervisors. It is critical that intern supervisors are either experienced in managing people or are given some training on how to manage and mentor interns. This person’s interaction with the intern will directly affect the success of the internship experience for both the student and the employer. 2. Provide an orientation for your interns. Give the intern a tour of the facility and introduce them to co-workers. Show them their work space and discuss your expectations. Give them an overview of the organization. In general, make your intern feel welcome and at home in the office. A detailed section entitled “Orientation & Training” can be found on page 13. 3. Give your interns the resources they need to do the job. This sounds obvious, but it is sometimes overlooked. The last thing you want to do is send the message that the interns are not important by putting them out in a hallway or shuffling them from desk to desk. 4. Monitor your interns. There is no need to watch their every move or micromanage them. Be sure to keep interns busy and interested in their work. Watch for signs that they are confused or bored. Make sure that their work takes precedence over school or personal work. No one wants an intern or employee who surfs the Internet all day. 5. Provide feedback to the interns. For those interns who have never done this kind of work, they will need plenty of feedback and encouragement. Make sure you let them know if they are meeting your expectations. 6. Evaluate the intern’s progress. A mid-semester evaluation and final evaluation are good ideas. They are frequently required by the academic department that is awarding credit for the internship. Sample evaluation forms are provided for you at the end of this handbook.

Creating an Intern Supervisor’s Handbook The internship faculty advisor may provide an organization with an Internship Site Supervisor handbook. However, if a handbook is not provided, it is a good idea to put one together that will help guide your intern supervisor in how to interact with the intern. It should include: The company’s rationale and philosophy for having interns The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires. -William Arthur Ward

An orientation checklist and instructions on how to conduct an orientation Information on the importance of introducing the intern to his/her coworkers and how to make them feel welcome Assigning a back-up supervisor for the intern if the site supervisor is out or in a meeting How and when to conduct performance evaluations

DEVELOPING QUALITY WORK ACTIVITIES Now that you have created an internship program and trained the site supervisor and student, what does the intern actually do? You will want to create quality work assignments to keep them stimulated and excited about being part of your organization. When assigning work for your intern: • Make a list of projects in your organization that could use an intern’s assistance. • Write a clear and concise job description so the intern knows exactly what he/ she will be doing. A sample job description form is located in the “Sample Forms” section of this handbook to help guide you in writing a description. • Provide work that makes the student believe that they are contributing in a meaningful way. • Be clear in your expectations for the project. • Develop a realistic plan of action. • Develop measurable goals and objectives for the work activities. • Assign projects that relate to the student’s academic major.

Tell me and I forget; show me and I remember; involve me and I understand. -Anonymous

ORIENTATION & TRAINING Introducing the student to your company and providing necessary training is critical to the success of your internship program. Below is a suggested list of activities and resources to include: 1. Facility tour 2. Introduction of staff members 3. Organizational chart of administration (key executives and hierarchy) 4. Special industry jargon 5. Reporting structure (organizational chart) 6. Company standards and procedures 7. Access to supervisor 8. Mail, fax and telephone systems 9. Relevant departmental forms 10. E-mail system 11. Safety guidelines and regulations 12. Security and confidentiality issues 13. Dress code 14. Resources within your organization 15. Expectations on how to deal with clients, customers and vendors 16. Work schedule 17. Schedule weekly/bi-monthly one-on-one meetings Other interesting orientation and training ideas are: • Provide interns with newsletters, annual reports and other publications so that he/she can understand a more in-depth view about the organization. • Take your intern to lunch with other staff or alumni from the student’s university. • Encourage your intern to spend time during breaks and lunches in places where employees gather so they can get to know other people. • Include interns in professional meetings; ask for input/feedback. • Allow the intern to interview company personnel. • Encourage interns to observe their co-workers. You have relatively little time (an average of three months during regular semesters) to spend with the student intern. It is critical that you begin the internship effectively and make the student feel welcomed. Those first few days set the tone for the entire internship. If you train the student well, it will pay off for both the student and your organization.

Orientation Checklist Explain the Mission of the Organization How did the organization start? Why? What is unique about your products or services? Who benefits from your products or services? What are the organization’s current objectives? How will the intern contribute to those objectives? Explain the Organization Structure Who reports to whom? Who is the intern’s supervisor? What is the function of the department in which the intern will work? How are decisions made? Which staff can be designated to answer different kinds of questions? Outline Organizational Rules, Policies & Expectations Is there special industry jargon? What are the specific work standards and procedures? What access to the supervisor (days, times, duration) does the intern have? How should they process requests? How does the mail, e-mail and telephone system work? What are approved forms of correspondence? By what safety regulations must they abide? Is there a procedure for signing off on approved work? What periodic forms or reports need to be completed? Are there security or confidentiality issues that need to be noted? What is the dress code? How should the intern maintain their workspace? Define the Intern’s Responsibilities What is the intern’s role? What projects will be assigned to the intern? What resources are available to the student? What training is necessary? How does the organization want the intern to deal with clients and vendors? What tasks do not require a supervisor’s approval? Do other employees understand the role of the intern? Monitor the Intern’s Adjustment & Understanding As the supervisor, make yourself visibly available to the intern. Assign a back-up supervisor when you are unavailable. Provide feedback and constructive criticism. Check the intern’s understanding of the orientation and projects he/she is assigned. Motivate and encourage them to ask questions, if necessary.

SUPERVISING AN INTERN Supervising an intern is much like supervising a first-time employee. Supervisors should be able to lead, motivate, delegate and evaluate their interns. Good communication skills and a commitment to developing and training the intern are also essential skills required by the supervisor. Remember that all interns will come to you at different places in their professional lives. Some interns have little or no work experience while others may have worked at part-time, non-professional jobs during college to help get them through school. Here are a few pointers for supervising interns: • Be clear in setting your expectations with the intern. Review your intern’s written job description carefully and discuss any concerns the intern may have about the job. Develop goals and specific objectives for the internship experience. Make sure the intern is involved in this process. The intern will be more invested if involved in setting his/her goals and objectives. • Show a genuine interest in the intern’s development. During regularly scheduled meetings, share articles and journal readings. Take your intern to organization events or seminars you believe might be helpful to his/her professional development. Take time to find out about the intern’s personal interests. • Assign a mentor or take on this role as the intern’s supervisor. Think about a time in your own professional growth and development when there was someone that took you under his/her wing and gave you really great professional guidance. Having a mentor is crucial to professional development. Everyone, especially young professionals, needs a role model to guide them through difficult times and counsel them on problem solving. Meet regularly with your intern and have an “open door policy” in order to really understand what he/she is going through so you can provide guidance. • Be aware of the intern’s level of readiness. Student interns will bring with them a certain level of knowledge they have gained through either past work experience or educational programs. Gain an understanding of their knowledge base and monitor it throughout the experience. As their knowledge grows, provide more challenging projects to continue stimulating their growth and development. • Provide varied work experience. As we have mentioned before, providing challenging and diverse work for your interns will keep them interested and focused. It will also allow them to gain a much broader understanding of your organization. Partner your intern with different supervisors for periods during the experience. Make it clear that you are their direct supervisor, however you want to expose the student to different departments and management styles. • Give recognition for a job well done! This one seems simple, but is often overlooked. Recognition can come in the form of a simple “pat on the back” after a task is completed or it can be as formal as presenting the student intern with a plaque or certificate at the completion of a big project. Letting someone know that you appreciate them goes a long way in building confidence and shaping a good long-term employee. 15

EVALUATING THE INTERNSHIP EXPERIENCE Not only is it a good idea to evaluate your intern’s progress, it is often required by the academic department rewarding credit for the internship. Interns are evaluated in the same manner as any other employee. Intern evaluation is based on work performance, ability to take on new tasks and interpersonal skills. Review the goals and objectives set with the intern at the beginning of the internship. Creating measurable learning objectives is critical to being able to evaluate the experience properly. Refer to the section on “Developing Quality Work Activities” for more information on setting up the intern for success. We have discussed how interns and supervisors should meet informally on a regular basis; however, these evaluations should be more formal meetings set specifically to provide an evaluation of the student intern’s performance. Here are some questions to consider when evaluating an intern: 1. Did the intern complete all work assignments? 2. Did the intern demonstrate good interpersonal skills? 3. Was the final product of the intern’s work a useful product for the organization? 4. What did the student learn from the experience? 5. Would your organization want to offer this intern a full-time position? It is also a good idea to ask your student to evaluate his/her internship experience. Let the student know that you are genuinely interested in ways you can improve the internship program. Be open to feedback from students and work to implement changes based on the feedback. An example of an intern evaluation form is provided in the “Sample Forms/Resources” section of this handbook.

LEGAL ISSUES TO CONSIDER In this section, we will explore seven legal issues all organizations should consider when hiring interns. In addition to these seven issues, many employers are interested in legal issues regarding paid and unpaid interns. See page 7 for more information regarding legal issues and compensation. The following information has been used with permission from two articles entitled Legal Issues Surrounding Internships by Rochelle Kaplan, National Association of Colleges & Employers, General Counsel. The seven issues we will explore are: • Worker’s Compensation • University liability • Unemployment benefits • EEO laws & interns • Disabled students & ADA protections • Harassment issues • Non-disclosure/non-compete validity

Is an intern entitled to worker’s compensation if injured on the job? Workers’ compensation laws have been enacted in all states to provide specific amounts of recovery (lost wages and medical benefits) by employees for injuries arising out of, or in the course of, employment. This is a “no-fault law,” meaning that there does not need to be proof of fault by the employer only proof that an injury has occurred either at the workplace or while pursuing the employer’s business purposes. If the intern receives workers’ compensation benefits, he or she is barred from suing the employer for negligence with unlimited damages. This would benefit the employer to provide such coverage for interns.

Can a school be liable if an intern is injured in the workplace? If workers’ compensation does not apply, an injured student could sue the employer and possibly the school under a negligence theory. In a personal injury case, the student must prove that his or her injury is due to the negligence of the employer or the school. The court will determine if there is a duty of care to protect the student, and if that duty was breached by an unsafe work environment, the injury was a result of the breach, or the student was actually to blame. Accordingly, the court will consider such factors as who controls the work site, who has supervisory responsibility over the student, whether supervision of the student was adequate, the safety rules and regulations of the workplace, and what promises or guarantees were made to the student regarding safety. Because an employer has more control than an intern over the workplace, there is a good chance of being found liable for an intern’s injuries. But what about the school? In Nova Southeastern University, Inc. v. Gross, the court found that the school was liable under certain circumstances for an intern’s injuries. In this case, the plaintiff, upon leaving the internship site, had been raped in the employer’s parking lot. The specific circumstances that created the duty of care on the part of the university were the mandatory practicum, the school’s assignment of students to particular locations, the school’s direct knowledge of a dangerous practicum location, and the school’s failure to warn the student about the danger. 17

After completing an internship, is an intern entitled to unemployment compensation? Unemployment compensation laws vary from state to state. The underlying principle is to provide financial security to individuals who have lost work through no fault of their own. Interns generally are not entitled to unemployment compensation after completing an internship. There are several reasons for the student’s ineligibility: • Eligibility is based upon a person’s availability for work. Most often, after an internship, the student returns to school and is considered unavailable for work. • State laws require that an individual work at least 16 to 18 weeks during the calendar year, earning a minimum amount of wages. If the intern has worked during a 10-week summer break, he or she would not have the requisite number of credit weeks to become eligible for unemployment compensation. • If there was an understanding between the employer and the student—at the outset of the internship—that the position was for a limited duration without promise of full-time work, the student would not be eligible for unemployment compensation. • Most state laws exempt students who work for employers as part of an educationally related work program. The school merely needs to certify that the student’s work experience is part of a work/study program that combines academic instruction with work experience. Texas is one of the states that exempts students who work as part of an educationally related work program from unemployment compensation benefits. Section 201.069 of the Texas Labor Code provides that the term “employment” does not include services performed by an enrolled student that combines academic instruction with work experience in a program taken for credit. The Texas statute does contain some exceptions to its general rule. For example, services performed as a teaching assistant would qualify a person for unemployment compensation benefits. But generally, services performed for an outside employer as part of a program wherein the student receives course credit do not qualify for unemployment compensation.

Do equal employment opportunity laws come into play in the selection of interns? A student who applies for an internship should be treated the same as any other appicant. That simply means that the student should not be rejected for an internship based upon gender, race, color, age, national origin, religion, or disability. Employers should craft interview questions to learn whether the student has the skills and ability to perform the internship work. The decision to hire an intern must be based upon legitimate nondiscriminatory criteria. Many employers and schools want to provide specialized internships for minority students because of the perceived or real lack of minorities in a particular industry or company. Questions arise as to whether such internships violate employment discrimination laws, as well as the nondiscrimination laws that schools must adhere to in providing programs and services to students. 18

While there are no reported cases involving minority internship programs, the courts, in addressing the issue of affirmative action in employment or college admissions, have uniformly rejected the notion that such action includes quotas or preferential hiring/admissions. Accordingly, the courts have struck down as illegal discrimination, any program which bases selections solely on the basis of an individual’s gender, race, or ethnicity, and/or holds positions or openings for individuals of a certain gender, race, or ethnicity.

Are disabled students protected as interns under the Americans with Disabilities Act (ADA)? The law provides that an individual with a disability is protected from discrimination in all aspects of employment, from application and recruitment to hiring and employment itself. This means that employers must consider for hire an individual who can perform the essential functions of the position, with or without a reasonable accommodation. A reasonable accommodation is a modification to the workplace that would not be an undue hardship for an employer to provide. The only relevant considerations in an undue hardship analysis are the cost of the modification, the financial resources of the employer, and the impact of the modification on productivity or business. The length of time that a person is to be employed—or the person’s salary—is not relevant considerations.

Is an employer responsible if an intern experiences harassment on the job? The answer is an unequivocal “yes.” Sexual, racial/ethnic, and religious harassment are all forms of illegal discrimination under the equal employment laws. Employers are required to have widely disseminated antiharassment policies, and effective complaint, investigation, and remedial procedures. When an employer receives a complaint of harassment, it must conduct an investigation and take action to correct the situation. During an initial interview, at the start of the internship or during orientation, the employer should advise the intern of anti-harassment policies, as well as how and where to report a complaint. The intern should also be advised that his or her behavior toward other employees must be in accordance with the policies, and that the internship could be terminated for violating these policies. Employers should remind regular employees that the policies apply to interns, and that they are expected to treat the interns appropriately.

If my company requires interns to sign a nondisclosure and/or non-compete agreement, is it enforceable? A nondisclosure agreement prohibits an employee or intern from giving a new employer proprietary information. That can include product or process information; customer lists and profiles; marketing, business, and strategic plans; technological innovations; and any other information that is not publicly known or ascertainable from outside sources. The agreement does not restrict the person’s ability to work elsewhere, but it places limitations on the information the person can use in his or her new position. Such an agreement is typically enforceable because it does not limit a person’s ability to work. In a non-compete agreement, an employee or intern agrees not to compete with the current employer after leaving the company. Such agreements can prohibit the solicitation of former customers, employment by a competitor, or the establishment of a competing business. Typically, the agreement describes the prohibited competitive activity, the geographic area within which the individual may not compete, and the duration of the non-compete promise. In general, non-compete agreements are difficult to enforce when interns are involved, and enforceability depends upon the reasonableness of the restrictions and whether sufficient legal consideration was given to the student in exchange for the promise not to compete. Factors that influence their enforceability include: • The business interests of the employer that are protected by the agreement • The time frame and geographic area in which the activities may not occur • The scope of activities that are limited or precluded and the resulting impact on the ability of the individual to earn a livelihood. In the case of interns, non-compete agreements are less likely to be enforced because interns may not immediately enter the job market after their assignments, may not possess the expertise that regular employees have, haven’t been employed by one company for an extended period of time, and/or haven’t been involved in high-level decision making. Moreover, the courts probably would not consider as sufficient legal consideration a three-month or summer internship in exchange for a commitment not to compete, except, perhaps, for more than a few months after graduation. The courts would be reluctant to bar graduating students from the work force for a year or more unless the employer was willing to financially support the out-of-work graduate or could provide strong evidence of potential harm to its business. Organizations that want interns to sign non-compete or nondisclosure agreements should: • Advise students that the internship is conditional upon signing a non-compete or nondisclosure agreement, and explain the purposes, intent, and critical provisions of the agreement. • Ensure that the non-compete agreement precisely defines the competitive activity that is to be restricted. It should be limited to the activity that would have a direct impact on an organization’s business and provide the student with other options for employment. If there are no options for employment during the non-compete period, then the company should agree to pay the student a salary for the length of time it does not want the student to work for a competitor. • Give a reasonable period of time for the intern to review the documents, alone or with an attorney.

ADDITIONAL RESOURCES Cooperative Education and Internship Association (CEIA) 4190 S. Highland Dr., Suite 211 Salt Lake City, UT 84214 800.824.0449 phone :: 801.984.2027 fax :: www.ceiainc.org National Association of College and Employers (NACE) 62 Highland Avenue Bethlehem, PA 18017-9085 800.544.5272 phone :: 610.868.0208 fax :: www.naceweb.org National Society for Experiential Education (NSEE) 9001 Braddock Road, Suite 380 Springfield, VA 22151 800.528.3492 phone :: 800.803.4170 fax :: www.nsee.org

RESOURCES REFERENCED Board of Directors. “NACE - A Position Statement on U.S. Internships.” NACE. 1 July 2011. Web. 12 Apr. 2012. www.naceweb.org/connections/ advocacy/internship_position_paper/. Board of Directors. “NACE - Paid Internships Key to Job-Search Success.” NACE. 28 Sept. 2011. Web. 12 Apr. 2012.www.naceweb.org/s09282011/ paid_interships_student_survey. Danowski, Jenny Hart. College Internships: Solutions for Your Staffing Problems. LRP, Publications, 1999. Greenhouse, Steven. “The Unpaid Intern, Legal or Not.” NYTimes.com. The New York Times, 3 Apr. 2010. Web. 12 Apr. 2012. www.nytimes. com/2010/04/03/business/03intern.html. Inkster, Robert, and Roseanna G. Ross. The Internship as Partnership: A Handbook for Campus-Based Coordinators & Supervisors. Raleigh, NC: National Society for Experiential Education, 1995. Inkster, Robert, and Roseanna G. Ross. The Internship as Partnership: A Handbook for Businesses, Nonprofits, and Government Agencies. Raleigh, NC: National Society for Experiential Education, 1998. Kaplan, Rochelle. “Legal Issues Surrounding Internships: Part One.” www.naceweb.org/pubs/journal/fa02/kaplan.htm. Kaplan, Rochelle. “Legal Issues Surrounding Internships: Part Two.” www.naceweb.org/pubs/journal/wi03/kaplan.htm. True, Michael. “Starting and Maintaining a Quality Internship Program.” Grantham, PA: Technology Council of Central Pennsylvania.

Sample Forms Resources

Internship Job Description Purpose of the Job: Primary Responsibilities/Duties: 1.

_______________________________________________________________________________

Skills/Knowledge/Abilities Required: 1.

_______________________________________________________________________________

Project Goals: 1.

_______________________________________________________________________________

Learning Goals: 1.

_______________________________________________________________________________

Site Supervisor’s Student Intern Final Evaluation This form is provided to help you assess your student intern at the end of the internship period. It contains 13 characteristics by which you should rate your intern using the scale below.

Intern’s Name: _____________________________ Date: _____________________ Agency’s Name: ________________________________________________________ Evaluator’s Name: ________________________________________________________ Evaluator’s Title: ________________________________________________________ Please rate the intern on a scale of 1 to 5 for each criterion below. Use N/O if you are unsure of the intern’s performance or were unable to observe it. Excellent Good Average Marginal Unsatisfactory Not Observed 5 4 3 2 1 N/O Academic Preparation: The intern was academically prepared for the internship.

_________

Adaptability: The intern learns quickly, accepts change and tolerates ambiguity when necessary. _________ Agreeability: The intern accepts constructive criticism, seeks assistance and is eager to improve. _________ Attitude: The intern is enthusiastic, cooperative and confident without being arrogant.

_________

Appearance: The intern dresses and is groomed appropriately. _________ Reliability: The intern is accountable and completes assignments in a timely manner.

_________

Initiative: The intern is self-motivated and works with minimal supervision. He/she seeks out additional responsibility. _________

Interpersonal Skills: The intern is tactful and works well with others.

_________

Leadership: The intern acts with integrity and is mature. He/she inspires others and takes the lead at times. This person remains cool under pressure. _________ Judgment: The intern recognizes problems, identifies and analyzes alternatives and looks for the best solution. _________ Oral Communication: The intern is able to express concepts orally and listens well. _________ Written Communication: The intern is able to express concepts in writing while considering his/her reader(s). _______ 27

Please provide comments/suggestions below about the internship experience that you believe will help the intern improve: ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ____________________________________________________________

Site supervisorâ&#x20AC;&#x2122;s signature: _____________________________________________________________

Date: ________________________________________________________________________

Student internâ&#x20AC;&#x2122;s signature: _____________________________________________________________

Date: ________________________________________________________________________

Internship Final Student Evaluation Please comment on your experience as a student intern. This information is very valuable and will help other students who are considering this internship site in the future.

Name: Date: Major: Internship Dates: Internship Site: Site Supervisorâ&#x20AC;&#x2122;s Name: Supervisorâ&#x20AC;&#x2122;s Title: 1. What were your primary job responsibilities?

2. What kind of training did your employer provide?

3. What type of supervision did you receive?

4. What academic courses or skills were most applicable to your internship?

Internship Final Student Evaluation (cont.)

5. What did you learn and what skills did you develop?

6. What did you like most about your internship experience?

7. What did you like least?

8. Other comments:

Student internâ&#x20AC;&#x2122;s signature: Date:

Internships are classic win-win-win situations. MAIN HEADING A student gets to see how his/her abilities and Studies show that a person working in a career that supports his/her interests is happier, more successful, and more who is not. Career classroom activities playfulfilled outthan insomeone the work world. planning is ideal for selecting an initial field of study or major, beginning a new career, or even changing careers. Career planning can help you acquire a Faculty typically see noticeable changes in a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future? studentâ&#x20AC;&#x2122;s attitude and work ethic after completion Studies show that a person working in a career that supports his/her interests of the And you, the employer, get is happier, more experience. successful, and more fulfilled than someone who is not. Career planning is ideal for selecting an initial field of study or major, beginning a newthe career, or even changingassistance careers. Career planning can help you acquire immediate of a budding younga competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the professional, as well as the chance to gauge that future? personâ&#x20AC;&#x2122;s suitability for future full-time employment. - Curt Schafer Director, Texas State University Career Services

OBS ATS

MAIN HEADING Studies show that a person working in a career that supports his/her interests is happier, more successful, and more fulfilled than someone who is not. Career planning is ideal for selecting an initial field of study or major, beginning a new career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future? Studies show that a person working in a career that supports his/her interests is happier, more successful, and more fulfilled than someone who is not. Career planning is ideal for selecting an initial field of study or major, beginning a new career, or even changing careers. Career planning can help you acquire a competitive advantage over people who allow random chance to direct their career choices. To begin the process, ask yourself: What are my goals for the future?

For more information concerning internships contact: Karen Julian Assistant Director Career Services Texas State University-San Marcos 601 University Drive San Marcos, TX 78666 LBJ Student Center, Suite 5-7.1 Phone: 512.245.2645 Fax: 512.245.3993 Email: kjulian@txstate.edu www.careerservices.txstate.edu

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