Post Conference WorkshopEverything a Risk Manager Should Knowabout Title IX, Clery & Threat AssessmentDr. Gary J. Margolis...
Agenda      • Introductions      • Clery      • Title IX      • Threat Assessment                                         ...
Tweet Tweet                                                      @margolishealy                                           ...
All you need to know about…         THE CLERY ACT
Agenda                   • Clery Act 101                   • Trends in Dept. of ED Program Reviews                   • 5 W...
Clery Act 101 (for the rest of us)          •   1986:           Jeanne Clery murdered at Lehigh University          •   19...
What is this thing called “Clery?”        • A consumer rights bill               • Covers Security, Fire Safety, and Missi...
Clery Act 101        • Publish & distribute an Annual Security (Fire          Safety) Report w/various policy statements, ...
Trends        • Significant increase in # of Program          Reviews                - 2011, ED issued 2x’s the # of Final...
ED – Coming Soon to a Campus Near You!        • If you have a problem, you have a PROBLEM!        • ED proactively focuses...
5 WAYS TO ENHANCE COMPLIANCE                                            Guiding You Across the Ocean of Risk© Margolis Hea...
5 WAYS TO ENHANCE COMPLIANCE        1. Formally appoint a Clery Act           Compliance Coordinator                - Size...
5 WAYS TO ENHANCE COMPLIANCE        2. Review your required policies               -         Ensure policies and policy st...
5 WAYS TO ENHANCE COMPLIANCE        3. Identify and train your campus security           authorities               -      ...
5 WAYS TO ENHANCE COMPLIANCE        4. Failsafe your crime and arrest/referral           data collection process          ...
5 WAYS TO ENHANCE COMPLIANCE        5. Identify and track all of your safety           awareness and crime prevention prog...
5 WAYS TO ENHANCE COMPLIANCE                                            Guiding You Across the Ocean of Risk© Margolis Hea...
All you need to know about…              TITLE IX
Title IX             Title IX of the Education Amendments             of 1972 (Title IX), 20 U.S.C. §§ 1681 et            ...
Scope of Coverage     • Title IX protects students from sexual            harassment in an institution’s education        ...
Scope of Coverage        • Title IX protects third parties from sexual              harassment or violence in an instituti...
Civil Remedies        • Title IX nondiscrimination obligations may be              enforced in court by individual or clas...
Sexual Harassment Definition        • Unwelcome conduct of a sexual nature           includes unwelcome sexual advances, ...
Sexual Violence Definition        • Sexual violence is a form of sexual              harassment prohibited by Title IX    ...
Summary of Institutional Obligations        • If institution knows or reasonably should              know about sexual har...
Summary of Institutional Obligations        • Train employees to report harassment to              appropriate institution...
Summary of Institutional Obligations      • Investigate complaints adequately, reliably             and impartially      •...
Education & Prevention Efforts               - Comprehensive victim resources               - Development of specific sexu...
Education & Prevention Efforts          • Should also include incorporation of                 awareness and reporting tra...
Awareness & Reporting Training         • Should cover:                  - Definitions of sexual harassment/violence       ...
TOP CHALLENGES        • Who conducts investigations? How are          they trained?        • How are your hearing boards t...
All you need to know about…        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 ...
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     ...
12 Guiding Principles of Threat Assessment             1.       Prevention is possible             2.       Violence is a ...
What could get you in trouble?                       Not having a recognized process                                  Not ...
Using a recognized process        • A number of resources have set the          standard of care for behavioral threat    ...
Using a recognized process        • “A Risk Analysis Standard for Natural &          Man-Made Hazards in Higher Education ...
Using a recognized process        • Does the campus know that the team          exists?        • Mission and function clea...
Follow your process        • Creating a new habit – exercising your          process        • Not defaulting to old habits...
Current issues        What is the institution’s obligation to share        information with outside entities when        s...
Role of the Risk Manager        • Assurance role        • Develop and public FAQ on threat          assessment for the com...
Resources        •    Campus Attacks: Targeted Violence Affecting Institutions of Higher Education             U.S. Secret...
CAMPUS SENTINEL        • Regulatory compliance tool for Clery, Title          IX and Threat Assessment                    ...
QUESTIONS
CONTACT                             www.margolishealy.com                                   866-817-5817                  ...
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MHA URMIA Conference Presentation 2012

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Conference presentation at the 2012 URMIA Conference in Providence, RI. What should risk managers know about Clery, Title IX and Threat Assessment

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MHA URMIA Conference Presentation 2012

  1. 1. Post Conference WorkshopEverything a Risk Manager Should Knowabout Title IX, Clery & Threat AssessmentDr. Gary J. Margolis, MHAMichael N. Webster, MHA/McDaniel College
  2. 2. Agenda • Introductions • Clery • Title IX • Threat Assessment Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  3. 3. Tweet Tweet @margolishealy Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  4. 4. All you need to know about… THE CLERY ACT
  5. 5. Agenda • Clery Act 101 • Trends in Dept. of ED Program Reviews • 5 Ways to Immediately Enhance Compliance Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  6. 6. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  7. 7. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  8. 8. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  9. 9. 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) Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  10. 10. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  11. 11. 5 WAYS TO ENHANCE COMPLIANCE Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  12. 12. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  13. 13. 5 WAYS TO ENHANCE COMPLIANCE 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  14. 14. 5 WAYS TO ENHANCE COMPLIANCE 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  15. 15. 5 WAYS TO ENHANCE COMPLIANCE 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  16. 16. 5 WAYS TO ENHANCE COMPLIANCE 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  17. 17. 5 WAYS TO ENHANCE COMPLIANCE Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  18. 18. All you need to know about… TITLE IX
  19. 19. 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. Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  20. 20. 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. Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  21. 21. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  22. 22. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  23. 23. 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) Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  24. 24. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  25. 25. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  26. 26. Summary of Institutional Obligations • 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.” Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  27. 27. Summary of Institutional Obligations • Investigate complaints adequately, reliably and impartially • Provide grievance procedures that promote prompt, equitable resolution of complaints • Undertake education and prevention efforts Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  28. 28. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  29. 29. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  30. 30. 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) Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  31. 31. 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? Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  32. 32. All you need to know about… Threat Assessment
  33. 33. Agenda • Overview of Threat Assessment • What could get you trouble? • Strategies to address Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  34. 34. Acknowledgement • USDOJ COPS Office • Dr. Gene Deisinger, VA Tech/Sigma TMA • Dr. Marisa Randazzo, Sigma TMA • Jeffrey Nolan, Esq., Dinse Knapp & McAndrew, PC Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  35. 35. Overview of Threat Assessment Process Threat assessment is a four-part process that is designed to: Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  36. 36. The Threat Assessment Process Threat assessment is a process that focuses on: Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  37. 37. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  38. 38. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  39. 39. What could get you in trouble? Not having a recognized process Not following your process Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  40. 40. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  41. 41. Using a recognized process • “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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  42. 42. Using a recognized process • Does the campus know that the team exists? • Mission and function clear? • Mechanisms for reporting and consultation? • Competency of investigations? Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  43. 43. Follow your process • Creating a new habit – exercising your process • Not defaulting to old habits - active and regular outreach Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  44. 44. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  45. 45. 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 Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  46. 46. 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 ONeill & 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) Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  47. 47. CAMPUS SENTINEL • Regulatory compliance tool for Clery, Title IX and Threat Assessment Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence
  48. 48. QUESTIONS
  49. 49. CONTACT www.margolishealy.com 866-817-5817 www.slideshare.net/margolishealy Guiding You Across the Ocean of Risk© Margolis Healy & Associates. All Rights Reserved. URMIA 2012 • Providence

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