MHA URMIA Conference Presentation 2012

Post Conference Workshop

Everything a Risk Manager Should Know
about Title IX, Clery & Threat Assessment

Dr. Gary J. Margolis, MHA
Michael N. Webster, MHA/McDaniel College

Agenda

• Introductions
• Clery
• Title IX
• Threat Assessment

Guiding You Across the Ocean of Risk
© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence

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All you need to know about…

THE CLERY ACT

Agenda

• Clery Act 101
• Trends in Dept. of ED Program Reviews
• 5 Ways to Immediately Enhance
Compliance


Clery Act 101 (for the rest of us)
• 1986: Jeanne Clery murdered at Lehigh University
• 1988: Pennsylvania Act 73
• 1990: Federal Crime Awareness & Campus Security Act
• 1992: Campus Sexual Assault Victims’ Bill of Rights
• 1994: Campus Security Act Regulations
• 1998: Higher Education Act Amendments
• 1999: Clery Act Regulations Issued
• 2000: Campus Security Statistics Website
• 2002: Campus Sex Crimes Prevention Act
• 2005: ED’s Clery Handbook Published
• 2008: Higher Education Opportunity Act 2008
• 2009: Final Campus Safety Regulations
• 2010: Handbook for Campus Safety & Security Reporting
• TBD: Campus SaVE Act


What is this thing called “Clery?”

• A consumer rights bill
• Covers Security, Fire Safety, and Missing
Students (only residential are required).
• An institutional responsibility
- Not JUST campus public safety
• Campus-wide collaboration and cooperation
are essential


Clery Act 101

• Publish & distribute an Annual Security (Fire
Safety) Report w/various policy statements, policies
and statistics (October 1)
• Submit crime statistics to U.S. Dept. of Education
• Provide timely warning and emergency
notifications to the campus community
• Maintain a public, daily log of reported crimes and
fires
• Inform prospective students & employees about the
Annual Security (Fire Safety) Report


Trends

• Significant increase in # of Program
Reviews
- 2011, ED issued 2x’s the # of Final
Programmatic Review Determination it
issued in the previous 2 years
• Compliance Team more robust = greater
capacity (and they’re GOOD)
• Reviews more comprehensive (includes
Part 86 compliance in addition to Clery)


ED – Coming Soon to a Campus Near You!
• If you have a problem, you have a PROBLEM!

• ED proactively focuses on campus incidents and local,
regional, national headlines
(studentaid.ed.gov/about/data-center/school/clery-act);
complaint, media event, audit, cooperation with FBI CJIS
- Virginia Tech
- Bowie State University
- Morgan State University
- Penn State
- University of Montana


5 WAYS TO ENHANCE COMPLIANCE


1. Formally appoint a Clery Act
Compliance Coordinator
- Size doesn’t matter
- Processes, on-going data gathering and
campus collaboration demand focus
- At a minimum, 50% of time dedicated to Clery
- Coordinator leads Clery Act Committee
• Formally chartered group of administrators should
guide the institution’s Clery compliance activities



2. Review your required policies
- Ensure policies and policy statements are
updated and represent your current practices
- Review at least annually
- Emphasis on policies governing Timely
Warning Reports, Campus Sexual Assault
Programs, Emergency Notifications and
Missing Students



3. Identify and train your campus security
authorities
- Use org. chart to identify those officials who
have significant responsibilities for students and
campus activities. Deans, directors, and
coaches are a start
- You likely have hundreds, possibly thousands
- Conduct in-person training for Tier 1/Tier 2
CSAs
- On-line for others


4. Failsafe your crime and arrest/referral
data collection process
- Flowchart your process for collecting data
from required sources
- Are there offices that have disciplinary
systems that you’re not aware of, or have
confusion over, what has to be reported?
- Do you have the necessary forms to facilitate
data collection?
- Test your system often


5. Identify and track all of your safety
awareness and crime prevention programs
- Give credit where credit is due; many ASRs omit
the programs offered by other campus
departments
- Maintain an inventory of all campus programs
and update as needed.
- Ensure you list both type and frequency of all
programs in your ASR
- Don’t go to MSU



TITLE IX

Title IX

Title IX of the Education Amendments
of 1972 (Title IX), 20 U.S.C. §§ 1681 et
seq., prohibits discrimination on the
basis of sex in education programs or
activities operated by recipients of
Federal financial assistance.


Scope of Coverage

• Title IX protects students from sexual
harassment in an institution’s education
programs and activities, including:
- All academic, educational, extracurricular, athletic,
and other programs of the institution
- On-campus, off-campus, in transit, sponsored at
other locations, etc.


Scope of Coverage

• Title IX protects third parties from sexual
harassment or violence in an institution’s
education programs and activities
- E.g.: Title IX protects a high school student participating in
a college’s recruitment program, a visiting student athlete,
and a visitor in a school’s on-campus residence hall

• Title IX prohibits
discrimination/harassment by faculty, staff
• Title IX protects employees from sexual
harassment


Civil Remedies

• Title IX nondiscrimination obligations may be
enforced in court by individual or class
actions
• “deliberate indifference” standard applies
• Compensatory damages and injunctive relief
available
• Plaintiff’s attorney’s fees and costs available
• State nondiscrimination statutes may provide
additional remedies


Sexual Harassment Definition
• Unwelcome conduct of a sexual nature
includes unwelcome sexual advances, requests for sexual
favors, and other verbal, nonverbal, or physical conduct of
a sexual nature.
• Student-to-student harassment:
creates hostile environment if conduct is sufficiently
serious that it interferes with or limits a student’s ability to
participate in or benefit from the school’s program.
• The more severe the conduct, the less need there is to show
a repetitive series of incidents to prove hostile environment,
particularly if the harassment is physical (e.g. rape=hostile
environment)


Sexual Violence Definition

• Sexual violence is a form of sexual
harassment prohibited by Title IX
- Sexual violence refers to physical sexual acts
perpetrated against a person’s will or where a
person is incapable of giving consent due to the
victim’s use of drugs or alcohol
- An individual also may be unable to give consent
due to an intellectual or other disability
- May include rape, sexual assault, sexual battery,
and sexual coercion


Summary of Institutional Obligations

• If institution knows or reasonably should
know about sexual harassment that
creates a hostile environment, Title IX
requires immediate action to eliminate
the harassment, prevent its recurrence,
and address its effects
• Must designate Title IX Coordinator,
publish notice of nondiscrimination, and
adopt and publish grievance procedures



• Train employees to report harassment to
appropriate institutional officials
• Train employees with authority to address
harassment, or who are likely to witness it or
receive reports, how to respond properly
OCR examples: “teachers, school law enforcement
unit employees, school administrators, school
counselors, general counsels, health personnel,
and resident advisors.”



• Investigate complaints adequately, reliably
and impartially

• Provide grievance procedures that
promote prompt, equitable resolution of
complaints

• Undertake education and prevention
efforts


Education & Prevention Efforts

- Comprehensive victim resources
- Development of specific sexual violence
prevention materials that:
• Include institution’s relevant policies, rules and
resources
• Are incorporated into employee handbooks and
student, student-athlete and student group
handbooks
- Regular assessment of student activities


Education & Prevention Efforts

• Should also include incorporation of
awareness and reporting training into:
- Orientation programs for new students, faculty
and staff
- Training for resident advisors
- Training for student athletes and coaches
- Institutional assemblies


Awareness & Reporting Training

• Should cover:
- Definitions of sexual harassment/violence
- Institution’s policies and disciplinary
procedures
- Consequences for violations
- Encouragement of reporting to institution and/or
law enforcement
- Encouragement of reporting even if
alcohol/drugs involved (student safety is primary
concern)


TOP CHALLENGES

• Who conducts investigations? How are
they trained?
• How are your hearing boards trained to
hear cases of sexual and gender
violence?
• How are you educating the various
demographics in your community?
• Are your policies and communications
consistent?



Threat Assessment

Agenda

• Overview of Threat Assessment
• What could get you trouble?
• Strategies to address


Acknowledgement

• USDOJ COPS Office
• Dr. Gene Deisinger, VA Tech/Sigma TMA
• Dr. Marisa Randazzo, Sigma TMA
• Jeffrey Nolan, Esq., Dinse Knapp &
McAndrew, PC


Overview of Threat Assessment Process
Threat assessment is a four-part process that is designed to:


The Threat Assessment Process

Threat assessment is a process that focuses
on:


Efforts to Promote Safe Campuses

These efforts include a commitment to:

- Prevent violence
- Identify persons of risk
- Intervene with developing concerns
- Respond to acts of violence
- Recover from an event


12 Guiding Principles of Threat Assessment

1. Prevention is possible
2. Violence is a dynamic process
3. Targeted violence is a function of several factors
4. Corroboration is critical
5. Threat assessment is about behavior, not profiles
6. Cooperating systems are critical resources
7. Does the person pose a threat?
8. Keep victims in mind
9. Early identification/intervention helps everyone
10. Multiple reporting mechanisms enhance early identification
11. Multifaceted resource can provide effective intervention
12. Safety is a primary focus


What could get you in trouble?

Not having a recognized process

Not following your process


Using a recognized process

• A number of resources have set the
standard of care for behavioral threat
assessment
Legal mandates (e.g., VA, IL)
US DOJ COPS Office
The IACLEA Blueprint for Safer Campuses
(IACLEA Special Review Task Force 2008)
Reports synthesized in the Blueprint



• “A Risk Analysis Standard for Natural &
Man-Made Hazards in Higher Education
Institutions” (ASME Innovative
Technologies Institute), approved by
American National Standards Institute (ANSI)
in 2010
• Workplace Violence Prevention and
Intervention American National Standard
(2011) (ASIS & Society for Human Resource
Management


• Does the campus know that the team
exists?
• Mission and function clear?
• Mechanisms for reporting and
consultation?
• Competency of investigations?


Follow your process

• Creating a new habit – exercising your
process

• Not defaulting to old habits - active and
regular outreach


Current issues

What is the institution’s obligation to share
information with outside entities when
student, faculty, staff no longer affiliated?

•Tucson Shooting
•Aurora Shooting


Role of the Risk Manager

• Assurance role
• Develop and public FAQ on threat
assessment for the community
• Advocate for training
• Facilitate policy consistency
• Address documentation challenges


Resources
• Campus Attacks: Targeted Violence Affecting Institutions of Higher Education
U.S. Secret Service, U.S. Department of Education, Federal Bureau of Investigation
by Diana A. Drysdale, William Modzeleski, & Andre B. Simons (2010)

• The Handbook for Campus Threat Assessment & Management Teams by Gene
Deisinger, Ph.D., Marisa Randazzo, Ph.D., Dan O'Neill & Jenna Savage (2008)

• Implementing Behavioral Threat Assessment on Campus: A Virginia Tech
Demonstration Project by Marisa Randazzo, Ph.D., & Ellen Plummer, Ph.D. (2009).

• Campus Threat Assessment and Management Teams: What Risk Managers Need to
Know Now (Nolan, Randazzo & Deisinger) URMIA Journal, 2011

• US DOJ COPS Office / Margolis Healy: www.campusthreatassessment.org

• SIGMA Threat Management (www.sigmatma.com)

• Threat Assessment Teams for Troubled Students: Putting the Pieces Together
(United Educators; www.ue.org)


CAMPUS SENTINEL

• Regulatory compliance tool for Clery, Title
IX and Threat Assessment


CONTACT

www.margolishealy.com
866-817-5817
www.slideshare.net/margolishealy


MHA URMIA Conference Presentation 2012

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