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Emergency Planning & Response
  for Colleges & Universities
     VACLEA Summer Conference
             June 2011
Agenda



•   Critical Incidents Defined
•   Legal Considerations
•   Concept of Operations
•   Emergency Management Planning
•   NIMS/ICS Overview
Critical Incident Defined


	

	

 An extraordinary event which places lives and
    property in danger and requires the
    commitment and coordination of numerous
    resources to bring about a successful resolution
Problems that always arise




	

 During a critical incident, the people
    in the Emergency Operations
    Center are always 30 – 60 minutes
    behind the event.
4 Phases of a Critical Incident



1. Crisis (0 – 60 minutes)
2. Scene Management (hours to days)
3. Executive Management (a week or
   longer)
4. Recovery (days or weeks)
       (each has objectives and strategies)
Examples of Critical Incidents



•   Natural Disasters
•   Transportation Accidents
•   Information Technology Failures
•   Criminal Activities
•   Fire/Hazardous Materials Accidents
Suspect	
  on	
  the	
  Loose	
  at	
  Delaware	
  State




© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew
Goals for the Institution




•   Contain and Resolve
•   Restore normal operations and core business
    and educational functions
Why develop a plan?




•   Most importantly, to mitigate risk and
    minimize harm
•   Fulfill legal duty to exercise reasonable care
    to prevent foreseeable harm
Why the Duty to Prevent Harm?



•   Well established in tort liability and case law
    ✓ You own/control premises
    ✓ You operate programs, on and off campus
    ✓ Sometimes, you have “special relationships”
       with students
What risks?



•   Premises-related
•   Risks due to employee/other negligence
•   Risks from those who intend to cause harm
•   Sometimes, risk of students’ harm to themselves
AASCU
How to fulfill duties?




•   Plan alternatives:
    ✓ one approach: script/cookbook
    ✓ better approach: flexible, all-hazards
      “concept of operations” plan
Where to find guidance?


•   Beyond NRP, there are now some federal and
    state statutes governing aspects of
    emergency planning and NIMS/ICS
    compliance.
•   Good news: published, best practice
    summaries (e.g., Blueprint for Safer
    Campuses) and post-incident reports may be
    used to establish standards of care.
Where to find guidance?




•   BAD NEWS: if you fail to consider
    recommendations and findings of summaries
    and reports, argument could be that this
    course of actions falls below standard of
    care.
FEMA Guidelines



1.Prevention/Mitigation
2.Preparedness
3.Response
4.Recovery
Prevention/Mitigation




•   Actions taken to prevent...
•   Actions taken to decrease…
•   Actions taken to reduce...
Preparedness


• Strategies, processes, and protocols to prepare
 the institution for critical incidents.
• Adopt and institute the Incident Command
 System (ICS) and assign roles and
 responsibilities that meet the institution’s
 culture and capabilities.
• Acknowledge role of local first responders and
 develop Memorandums of Understanding/
 Agreement to support these understandings.
Response


Actions taken to effectively contain, stabilize, and
resolve an emergency situation. The institution
should expand its ability to respond to all-
hazards, as the response will be significantly
impact by the severity, magnitude, duration, and
intensity of the situation.
Recovery


    Return to normal operations…
•   Damage Assessment and Recovery;
•   Implementation of the COOP;
•   Emotional and mental health of students, staff,
    and faculty;
•   Logistical issues such as receiving donations
    and volunteers
Problems that always arise

•   Communications
•   Who’s in charge?
•   Resources and Resource Coordination
•   Intelligence gathering and problem assessment
•   Crowd and traffic control
•   Environment
•   Planning and training
•   Media
•   Politics
HSPD-5


•   Created a National Response Plan (NRP)
•   Under the NRP, a National Incident
    Management System (NIMS) developed
•   Ensures consistent nationwide framework for
    local, state, and federal agencies
•   Use of the Incident Command System (ICS)
Concept of Operations


•   Provides an “All Hazards” campus wide
    operational plan
•   Provides Effective and Efficient
    Incident Management, from Pre-
    Planning & Initial Response Through Recovery
•   Provides Effective Communications -
    Internal and External
•   System for Incident Management while
    Providing Critical Campus Operations
Campus Concept of Operations



•   Executive Policy Group
•   Emergency Operations Center
•   Command Post
•   Initial Response
Campus Concept of Operations



•   Initial Response
    ✓ Scene Isolation and Stabilization
•   Command Post Operations
    ✓ Scene Management & Resolution
7 Critical Tasks for the On-Scene Supervisor



1. Inner Perimeter



                   7
2. Outer Perimeter
3. Staging Area (in between perimeters)
4. ID and Request Resources
5. Identify the “Danger Zone”
6. Establish Communications
7. Establish Scene Command Post
Campus Concept of Operations



•   Emergency Operations Center
    (EOC)
    ✓ Focus on impact of the incident on the
      institution
    ✓ Provides coordination and networking with
      scene(s)
    ✓ Major logistics, Maintenance of Routine
      Operations
Proper Mix of Participants in EOC




•   The LOCATION of the incident
    determines the divisions, colleges and
    departments that should be involved
•   The KIND of incident dictates the
    functional departments of the involved
    divisions or colleges, as well as other
    agencies that may be involved
Command Post vs. EOC



•   Command Post – a central decision-making
    area established by the Incident Commander
    to house command staff (est. during crisis
    phase)


•   Emergency Operations Center – fully
    expanded ICS for larger management
    challenges (est. during executive management
    phase)
Campus Concept of Operations


•   Executive Policy Group (overall
    guidance)
    ✓ Focus on impact to the institution
    ✓ Organize and direct policy decisions
    ✓ Insulate
    ✓ Inform/Update VIPs
    ✓ Politics
    ✓ Message to the campus & public
Challenges with Institutional Response

•   Confusion and/or delays in response
    can cause further exposure to danger and
    increased property damage
•   Don’t need to be an expert
    (information will come from experts)
•   Need a system that will allow you to put
    experts to work rapidly
•   Must organize quickly to carry out
    requests from experts and first responders
Checklist for Plan


•   Administrative Framework
    ✓   Levels of Emergency Response
    ✓   Phases of Emergency
    ✓   Definitions (executive authority; policy
        group; emergency planning group; roles for
        each)
    ✓   Key Roles
    ✓   EOC
Checklist for Plan




• Response Framework
 ✓ Declare & Coordination of Emergency
   Condition
 ✓ Emergency Communications
Checklist for Plan

Emergency Communication
• Understanding Emergency Notifications
  ✓ TAU
• How to Notify the Campus Community
• Confirmation of Emergency
• Content of the Notification
  ✓ AIR
• Exempt Circumstances (Prof. Judgment)
Checklist for Plan


Emergency Communication
• Covers a broad array of potential threats –not just
   Clery crime statistics
• Applies only to threats occurring “on-campus”
• Excludes threats occurring off-campus or in public
   property areas
• Only exception is if issuing notice compromise efforts
   to contain the emergency
Checklist for Plan



• Emergency notifications should be issued when it is
   determined that there is a “significant emergency or
   dangerous situation involving an immediate threat to the
   health or safety of students or employees occurring on
   campus.”
Checklist for Plan


• An “immediate threat to the health
  or safety of students or employees”
  includes:
 ✓ All “hazards” - not just Clery crimes
   ‣ Terrorist Attack
   ‣ Natural Disaster
   ‣ Environmental
   ‣ Other
Checklist for Plan

• Confirmation of “Significant Emergency”
 ✓ Articulates the “process used” to confirm the
   emergency or dangerous situation that threatens
   the health or safety of students or employees.
• Segment or Segments to Receive
 ✓ Permits institutions to determine which segment
   or segments are at risk.
 ✓ Must disclose the “process” used to determine
   which segment(s) would receive notification
Checklist for Plan


• Content -- Explain how the notification
  content will be developed.
   ✓ For example, could designate the campus police
     department or could jointly designate the
     University police and public relations.
   ✓ Intention is to discourage a process that will
     delay issuance.
Checklist for Plan
• Initiate Notification “Without Delay”
 ✓ The regulations do not directly define what is
   meant by immediately notify.
   ‣ Withheld only if issuing would "compromise
     efforts to contain the emergency."
   ‣ Includes "efforts to assist a victim or to contain,
     respond to, or otherwise mitigate the
     emergency.”
 ✓ A list of the titles of the person or persons or
   organization or organizations responsible for
   carrying out these actions
Checklist for Plan

• Need Not Issue Timely Warning
 ✓ If you issue an emergency notification no need to
   also issue a timely warning based on the "same
   circumstances.“
 ✓ Adequate Follow-Up Information
 ✓ Provide adequate follow-up information such as an
   all-clear or updates about continuing steps taken
   to respond to an emergency, i.e., class
   cancellations.
Checklist for Plan



• Plans & Agreements
 ✓ All Hazards List
 ✓ Sample Communications Messages
 ✓ Mutual Aid Agreements
   ‣ Other IHEs
   ‣ Area First Responders
Incident Action Plans



Written or verbal action plans at the
field response level, which reflect the
overall strategy and specific tactical
action and support information for the
next specified operational period.
Areas of Emphasis (legal)




•   Drill EPG on process
•   Train those who need to know about
    reporting structures, legal responsibilities,
    how to care for selves and others
•   Be sure that threat assessment/student-at-
    risk teams have shared understanding of
    privacy vs. safety balance, and applicable laws
Benefits of ICS



•   Uses a common language and response
    culture;
•   Optimizes combined efforts;
•   Eliminates duplicative efforts;
•   Establishes a single command post;
•   Allows for collective approval of operations,
    logistics, planning, and finance activities;
Benefits of ICS



•   Encourages a cooperative response
    environment;
•   Allows for shared facilities, reducing response
    costs, maximizing efficiency, and minimizing
    communication breakdowns; and
•   Permits responders to develop and
    implement one consolidated Incident Action
    Plan (IAP).
Next Steps


•   STEP 1: Get Organized
•   STEP 2: conduct a safety and vulnerability
    study
•   STEP 3: Develop/Update Emergency Ops
    Plan
•   STEP 4: Train to the plan
Contact Information




shealy@margolis-healy.com

 www.Margolis-Healy.com
     866-817-5817

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  • 1. Emergency Planning & Response for Colleges & Universities VACLEA Summer Conference June 2011
  • 2. Agenda • Critical Incidents Defined • Legal Considerations • Concept of Operations • Emergency Management Planning • NIMS/ICS Overview
  • 3. Critical Incident Defined An extraordinary event which places lives and property in danger and requires the commitment and coordination of numerous resources to bring about a successful resolution
  • 4. Problems that always arise During a critical incident, the people in the Emergency Operations Center are always 30 – 60 minutes behind the event.
  • 5. 4 Phases of a Critical Incident 1. Crisis (0 – 60 minutes) 2. Scene Management (hours to days) 3. Executive Management (a week or longer) 4. Recovery (days or weeks) (each has objectives and strategies)
  • 6. Examples of Critical Incidents • Natural Disasters • Transportation Accidents • Information Technology Failures • Criminal Activities • Fire/Hazardous Materials Accidents
  • 7. Suspect  on  the  Loose  at  Delaware  State © Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew
  • 8. Goals for the Institution • Contain and Resolve • Restore normal operations and core business and educational functions
  • 9. Why develop a plan? • Most importantly, to mitigate risk and minimize harm • Fulfill legal duty to exercise reasonable care to prevent foreseeable harm
  • 10. Why the Duty to Prevent Harm? • Well established in tort liability and case law ✓ You own/control premises ✓ You operate programs, on and off campus ✓ Sometimes, you have “special relationships” with students
  • 11. What risks? • Premises-related • Risks due to employee/other negligence • Risks from those who intend to cause harm • Sometimes, risk of students’ harm to themselves
  • 12. AASCU
  • 13. How to fulfill duties? • Plan alternatives: ✓ one approach: script/cookbook ✓ better approach: flexible, all-hazards “concept of operations” plan
  • 14. Where to find guidance? • Beyond NRP, there are now some federal and state statutes governing aspects of emergency planning and NIMS/ICS compliance. • Good news: published, best practice summaries (e.g., Blueprint for Safer Campuses) and post-incident reports may be used to establish standards of care.
  • 15. Where to find guidance? • BAD NEWS: if you fail to consider recommendations and findings of summaries and reports, argument could be that this course of actions falls below standard of care.
  • 17. Prevention/Mitigation • Actions taken to prevent... • Actions taken to decrease… • Actions taken to reduce...
  • 18. Preparedness • Strategies, processes, and protocols to prepare the institution for critical incidents. • Adopt and institute the Incident Command System (ICS) and assign roles and responsibilities that meet the institution’s culture and capabilities. • Acknowledge role of local first responders and develop Memorandums of Understanding/ Agreement to support these understandings.
  • 19. Response Actions taken to effectively contain, stabilize, and resolve an emergency situation. The institution should expand its ability to respond to all- hazards, as the response will be significantly impact by the severity, magnitude, duration, and intensity of the situation.
  • 20. Recovery Return to normal operations… • Damage Assessment and Recovery; • Implementation of the COOP; • Emotional and mental health of students, staff, and faculty; • Logistical issues such as receiving donations and volunteers
  • 21. Problems that always arise • Communications • Who’s in charge? • Resources and Resource Coordination • Intelligence gathering and problem assessment • Crowd and traffic control • Environment • Planning and training • Media • Politics
  • 22. HSPD-5 • Created a National Response Plan (NRP) • Under the NRP, a National Incident Management System (NIMS) developed • Ensures consistent nationwide framework for local, state, and federal agencies • Use of the Incident Command System (ICS)
  • 23. Concept of Operations • Provides an “All Hazards” campus wide operational plan • Provides Effective and Efficient Incident Management, from Pre- Planning & Initial Response Through Recovery • Provides Effective Communications - Internal and External • System for Incident Management while Providing Critical Campus Operations
  • 24. Campus Concept of Operations • Executive Policy Group • Emergency Operations Center • Command Post • Initial Response
  • 25. Campus Concept of Operations • Initial Response ✓ Scene Isolation and Stabilization • Command Post Operations ✓ Scene Management & Resolution
  • 26. 7 Critical Tasks for the On-Scene Supervisor 1. Inner Perimeter 7 2. Outer Perimeter 3. Staging Area (in between perimeters) 4. ID and Request Resources 5. Identify the “Danger Zone” 6. Establish Communications 7. Establish Scene Command Post
  • 27. Campus Concept of Operations • Emergency Operations Center (EOC) ✓ Focus on impact of the incident on the institution ✓ Provides coordination and networking with scene(s) ✓ Major logistics, Maintenance of Routine Operations
  • 28. Proper Mix of Participants in EOC • The LOCATION of the incident determines the divisions, colleges and departments that should be involved • The KIND of incident dictates the functional departments of the involved divisions or colleges, as well as other agencies that may be involved
  • 29. Command Post vs. EOC • Command Post – a central decision-making area established by the Incident Commander to house command staff (est. during crisis phase) • Emergency Operations Center – fully expanded ICS for larger management challenges (est. during executive management phase)
  • 30. Campus Concept of Operations • Executive Policy Group (overall guidance) ✓ Focus on impact to the institution ✓ Organize and direct policy decisions ✓ Insulate ✓ Inform/Update VIPs ✓ Politics ✓ Message to the campus & public
  • 31. Challenges with Institutional Response • Confusion and/or delays in response can cause further exposure to danger and increased property damage • Don’t need to be an expert (information will come from experts) • Need a system that will allow you to put experts to work rapidly • Must organize quickly to carry out requests from experts and first responders
  • 32. Checklist for Plan • Administrative Framework ✓ Levels of Emergency Response ✓ Phases of Emergency ✓ Definitions (executive authority; policy group; emergency planning group; roles for each) ✓ Key Roles ✓ EOC
  • 33. Checklist for Plan • Response Framework ✓ Declare & Coordination of Emergency Condition ✓ Emergency Communications
  • 34. Checklist for Plan Emergency Communication • Understanding Emergency Notifications ✓ TAU • How to Notify the Campus Community • Confirmation of Emergency • Content of the Notification ✓ AIR • Exempt Circumstances (Prof. Judgment)
  • 35. Checklist for Plan Emergency Communication • Covers a broad array of potential threats –not just Clery crime statistics • Applies only to threats occurring “on-campus” • Excludes threats occurring off-campus or in public property areas • Only exception is if issuing notice compromise efforts to contain the emergency
  • 36. Checklist for Plan • Emergency notifications should be issued when it is determined that there is a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus.”
  • 37. Checklist for Plan • An “immediate threat to the health or safety of students or employees” includes: ✓ All “hazards” - not just Clery crimes ‣ Terrorist Attack ‣ Natural Disaster ‣ Environmental ‣ Other
  • 38. Checklist for Plan • Confirmation of “Significant Emergency” ✓ Articulates the “process used” to confirm the emergency or dangerous situation that threatens the health or safety of students or employees. • Segment or Segments to Receive ✓ Permits institutions to determine which segment or segments are at risk. ✓ Must disclose the “process” used to determine which segment(s) would receive notification
  • 39. Checklist for Plan • Content -- Explain how the notification content will be developed. ✓ For example, could designate the campus police department or could jointly designate the University police and public relations. ✓ Intention is to discourage a process that will delay issuance.
  • 40. Checklist for Plan • Initiate Notification “Without Delay” ✓ The regulations do not directly define what is meant by immediately notify. ‣ Withheld only if issuing would "compromise efforts to contain the emergency." ‣ Includes "efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.” ✓ A list of the titles of the person or persons or organization or organizations responsible for carrying out these actions
  • 41. Checklist for Plan • Need Not Issue Timely Warning ✓ If you issue an emergency notification no need to also issue a timely warning based on the "same circumstances.“ ✓ Adequate Follow-Up Information ✓ Provide adequate follow-up information such as an all-clear or updates about continuing steps taken to respond to an emergency, i.e., class cancellations.
  • 42. Checklist for Plan • Plans & Agreements ✓ All Hazards List ✓ Sample Communications Messages ✓ Mutual Aid Agreements ‣ Other IHEs ‣ Area First Responders
  • 43. Incident Action Plans Written or verbal action plans at the field response level, which reflect the overall strategy and specific tactical action and support information for the next specified operational period.
  • 44. Areas of Emphasis (legal) • Drill EPG on process • Train those who need to know about reporting structures, legal responsibilities, how to care for selves and others • Be sure that threat assessment/student-at- risk teams have shared understanding of privacy vs. safety balance, and applicable laws
  • 45. Benefits of ICS • Uses a common language and response culture; • Optimizes combined efforts; • Eliminates duplicative efforts; • Establishes a single command post; • Allows for collective approval of operations, logistics, planning, and finance activities;
  • 46. Benefits of ICS • Encourages a cooperative response environment; • Allows for shared facilities, reducing response costs, maximizing efficiency, and minimizing communication breakdowns; and • Permits responders to develop and implement one consolidated Incident Action Plan (IAP).
  • 47. Next Steps • STEP 1: Get Organized • STEP 2: conduct a safety and vulnerability study • STEP 3: Develop/Update Emergency Ops Plan • STEP 4: Train to the plan