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Transcript Long time No See
The STRIMA Annual
Conference
“Campus and Workplace
Violence”
Presented by:
Richard Perry
Marsh Risk Consulting
Marsh & McLennan Companies
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
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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
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Their World…
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Special
Child safety laws were created
to protect them: car seats, bike
helmets, etc.
Grew up in “child-proof” homes
Sheltered
Confident
Conventional
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
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Is Your World…
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Collegial
On “virtual leashes” since
childhood with baby monitors,
walkie-talkie, beepers, then cell
phones and email to be in constant
contact with parents.
Pressured
Increasingly overscheduled with
activities, lessons, academic prep
programs.
Achieving
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”.
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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
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Behavioral Indicators
Acting out in class
Substance Abuse
Suicidal Ideations
Poor Personal Hygiene
Self-injury & Eating Disorders
Hostile, Threatening , and
Intimidating Behavior
Excessively needy and
attention seeking
Persistent and exaggerated
behavior
Inability to develop and sustain
relationships
Manic, depressive, and anxious
episodes
Actively hampers the
Chronically absent from class –
functioning faculty, other
withdrawn from social
students, and the college to
interaction
provide a reasonably safe
teaching and learning
environment
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Student Alcohol & Substance
Abuse Claims
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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)
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Legal Perspective
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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
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Emerging Role of Institution
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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
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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
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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
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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?
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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?
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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
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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)
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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
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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
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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.
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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
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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.
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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/
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Questions?
Jean Demchak
Global Higher Education Leader
Marsh, Inc.
One State Street
Hartford, CT 06103
860 723 5635
[email protected]
Richard Perry
Marsh Risk Consulting
200 Ottawa Ave NW, Suite 700
Grand Rapids, MI 49503
616 233 4265
[email protected]
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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)
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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
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