Marsh & McLennan Companies

The STRIMA Annual Conference

“Campus and Workplace Violence”

Presented by: Presented by: Richard PerryRichard PerryMarsh Risk ConsultingMarsh Risk Consulting

2

TAMU Summary of Findings: Virginia Tech

Seung Hui Cho exhibited signs of mental health problems going back through middle school

Virginia Tech did not adequately deal with his prior incidents on campus

University officials did not effectively communicate with each other or Cho’s parents because of confusion related to privacy laws

Cho purchased two guns in violation of Federal law

Virginia Tech police may have erred in prematurely concluding that their initial lead in the double homicide was valid

Senior university administrators, acting as the Emergency Policy Group, failed to issue an all-campus notification for at least 2 hours following the double homicides

3

TAMU The Millennial Generation as College Students

“Millennial Generation” was born between 1982-2000

Leading edge of this generation was the Class of 2003

Childhood and early adolescent experiences shape who they are and how they relate to the world

This has changed the nature of the institution’s relationship with the student and their family

4

TAMU Their World…

Special

Sheltered

Confident

Conventional

Child safety laws were created to protect them: car seats, bike helmets, etc.

Grew up in “child-proof” homes

Parents created a sheltered experience – highly structured play experiences and learning experiences

High parental involvement in “playground problem solving”

Safety is a number one concern in schools, on the playing field, in homes and public places

5

TAMU Is Your World…

Collegial

Pressured

Achieving

On “virtual leashes” since childhood with baby monitors, walkie-talkie, beepers, then cell phones and email to be in constant contact with parents.

Increasingly overscheduled with activities, lessons, academic prep programs.

Used to being watched over, helped, and protected and expect guarantees that this will continue – with completing college applications, applying for jobs, etc.

In direct contrast to previous generations who sought independence and disdained “institutional paternalism” or any hint of “in loco parentis”.

6

TAMU What Are We Seeing On Campus?

High levels of stress, underdeveloped coping skills

Students use alcohol and other drugs to self-medicate

More students entering with behavioral health diagnosis

Mental health represented 12.3% of all student health claims for 2002-03 – up from 3-4% in only a few years

More students take prescription medications for behavioral health conditions

7

TAMU Behavioral Indicators

Acting out in class

Substance Abuse

Suicidal Ideations

Poor Personal Hygiene

Self-injury & Eating Disorders

Hostile, Threatening , and Intimidating Behavior

Chronically absent from class – withdrawn from social interaction

Excessively needy and attention seeking

Persistent and exaggerated behavior

Inability to develop and sustain relationships

Manic, depressive, and anxious episodes

Actively hampers the functioning faculty, other students, and the college to provide a reasonably safe teaching and learning environment

8

TAMU Student Alcohol & Substance Abuse Claims

28% Sexual Assault

18% Discipline & Discrimination

18% Other Accidental Injuries

13% Death

12% Physical Assaults

8% Falls from Dorm Windows

4% Alcohol Poisoning

3% Miscellaneous

93 total claims

*United Educators (2000-2004)

9

TAMU Legal Perspective

Family Educational Rights and Privacy Act (FERPA)

Main purpose to give students access rights to their official records and ensure that institution’s provide registrar services to protect integrity of these records

The law recognizes that safety outweighs privacy at times

Clery Act

Mandatory notification of crime on campus and in the nearby community

10

TAMU Emerging Role of Institution

In loco parentis

Insularity from legal scrutiny

Changed in 1960s – 1970s

No longer isolated from legal scrutiny;

“Constitutional rights” came to campus

Bystander era (1970s-1980s)

Attainment of Constitutional Rights made students adults for all purposed and beyond the control of the university

Students owed “duties” to protect themselves, university stood by

Facilitator (1990s-?)

Appropriate legal and cultural balance between university authority/control and student freedom

Built upon legal use of “duty” which requires expert guidance in torts generally, negligence law and some contract law

11

TAMU Relevant Factors to “duty and liability”

Foreseeability of harm

Nature of the risk

Closeness of the connection between the institution’s act or omission, and student injury

Moral blame and responsibility

The social policy of preventing future harm

The burden on the university and the larger community if duty is recognized

The availability of insurance

*The Rights and Responsibilities of the Modern University”, Bickel and Lake

12

TAMU Bystanders to Campus Violence: Breaking the Code of Silence?

“Bystanders include students, professors, and other college or university personnel who hear/see violence in the making, such as verbal and physical harassment or related conflicts that may escalate into assault and battery”

Substantial evidence exists before a violent event occurs that could have prevented it

Prevention of campus violence often focuses on perpetrator or the relationship between perpetrators and victims.

Critical now to consider the role of bystander

Influence in preventing, perpetuating or escalating violence has been overlooked

Many violent encounters frequently involve third-party participants or bystanders

13

TAMU Bystanders to Campus Violence: Questions for College Administrators

What are the warning signs that may trigger bystander action to prevent violence from occurring or escalating?

What sorts of protocols should institutions have in place for conveying information about potentially dangerous situations and threats from students, faculty, and staff to campus/public law enforcement?

What are the potential problems of acting on student-reported threat or the witnessing of a student-on-student altercation at a campus sporting event or in the residence halls?

What are the consequences of taking action, or of inaction, on a reported threat or witnessed altercation for the bystander, for the institution, and for the student accused of threatening to act or acting out violently?

14

TAMU Bystanders to Campus Violence: Questions for College Administrators

What type of violence is threatened?

Must a threshold level of violence be reached before the college intervenes on a bystander’s report of a threat or incipient violence?

Is a weapon involved?

Did college personnel directly observe the alleged violence, or did a fellow student report a potential act of violence to an administrator?

15

TAMU School Shootings: An Impetus for Change?

School shootings

Virginia Tech

University of Texas

Firearm possession survey of 15,000 undergraduates, 130 4-year colleges

3.5% had working firearms at college

Most likely to be male, White or Native American

Members of a fraternity or sorority

Live off campus or with spouse/significant other

Association between having a gun and driving after excessive drinking

More likely to put themselves or others at risk

16

TAMU Off-Campus Liability

Legal duty: Obligation to protect from foreseeable harm

Liability does not always depend on whether or not institutions owns property

Example of claims activity:

74 claims in 4 years were injuries off-campus

25% of those claims involved fatality

Losses range from $1,000 to $1.2M

Most prevalent cause of injury:

Failure to maintain the property (60% of claims)

Criminal assaults occurring on the off-campus facility (1/4th claims)

Fire on premises (10% of claims)

17

TAMU Off-Campus Liability

Owned by Institution

Duty as a landowner

Duty as a landlord

Courts have applied liability to Institutions who own, manage and rent

Owned by 3rd Party

Assumed duty

On-campus duty that causes off-campus loss

Special relationship between school and student

18

TAMU Managing Off-Campus Housing Risks

Establish an off-campus housing policy

Educate and guide students who choose off-campus housing

Develop a plan to regularly maintain premises

Understand legal implications of actions you take

Establish an off-campus housing committee

19

TAMU Case Study: Franklin & Marshall College, Lancaster, PA

Event: Student walking to apartment robbed at gunpoint, shot in abdomen

Response: 5 additional security officers, bike & vehicle patrols added, roving metal detectors for certain campus events

President Fry:

“My belief is that when a terrible thing happens, institutions panic, and the reaction is to make it completely into a public safety issue, but they don’t deal with systemic issue that they generally have,”

“How a college responds to an incident isn’t as important as what steps it takes before an incident occurs”

Fry as EVP at U of Pennsylvania, worked with the surrounding Philadelphia neighborhood to bolster safety watch programs and increase off-campus patrols.

Arrival at Franklin & Marshall, saw a “broken-down neighborhood” that was inviting for potential criminals. Tried to spur economic development in the area by helping to institute a homebuyer initiative program for local residents and is providing some students in the class of 2009 the option of signing four-year leases to live in apartments just off campus — with the thought that long-term neighbors have a more vested interest in keeping their surroundings safe.

20

TAMU Case Study: Duquesne University, Pittsburgh, PA

Off-campus function, non-student shooter injures 5 men’s basketball players

Student charged for reckless endangerment, carrying a concealed firearm without license and criminal conspiracy

Response:

5 additional security officers

Bike patrols added

Additional vehicle patrols

Roving metal detectors

21

TAMU The Need for Prevention

Address attitudes, beliefs, perceptions and skills that contribute to violence through education, skill building, curriculum infusion and other efforts

Supporting healthy group norms and promoting bystander interventions

Conveying clear expectations for conduct among students, faculty, staff and visitors

Creating and disseminating comprehensive policies and procedures addressing each type of violent behavior, and instituting training programs to ensure that policies are followed and enforced

Providing a range of support services for students, including mental health services, crisis management, and comprehensive and compassionate services for victims

Helping students to avoid harm through such measures as escort services and self-defense classes.

Establishing comprehensive alcohol and other drug prevention programs.

22

TAMU Top 5 Safety Concerns When Choosing a College or University*

Monitor available crime information.

Choose schools willing to embrace innovative technological solutions

Favor schools that administer strict alcohol and other drug abuse policies

Consider the institution’s history of advocacy for victims of sexual assault and other violent crimes

Demand effective parent-notification policies

*Security On Campus, Inc., http://www.securityoncampus.org/

23

TAMU Questions?Jean DemchakGlobal Higher Education LeaderMarsh, Inc.One State StreetHartford, CT 06103860 723 5635jean.demchak@marsh.com

Richard PerryMarsh Risk Consulting200 Ottawa Ave NW, Suite 700Grand Rapids, MI 49503616 233 4265Richard.perry@marsh.com

24

TAMU Regulatory Compliance

Cleary Act

Campus Sex Crimes Prevention Act

Guidelines for the Campus Sex Crimes Prevention Act Amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act

FERPA

Drug Free School & Campus Act

Title IX includes protection from sexual harassment (assault/rape)

25

TAMU Resources

“Breaking the Code of Silence: Bystanders to Campus Violence and the Law of College and University Safety”, Joel Epstein, Stetson Law Review

Security On Campus, Inc., 133 Ivy Lane, Suite 200, King Of Prussia, PA 19406, http://www.securityoncampus.org

United Educators, “Off Campus – Out of Sight, Out of Mind”

“The Rights and Responsibilities of the Modern University”, Robert Bickel and Peter Lake

“Private Law Continues to Come to Campus: Rights and Responsibilities Revisited”, Peter Lake, Journal of College and University Law