W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org...

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W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org [email protected]

Transcript of W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org...

Page 1: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

W. Scott Lewis, JDThe National Center for Higher Education Risk

Management NCHERM.org

[email protected]

Page 2: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Introduction and illustration

Who are our students?

Why should I report?

What should I report?

Who do I report to?

What happens after I report something?

Questions & Discussion

Page 3: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Staff & Faculty are frequently in the best position to

notice and report student behavior.

You find yourself on the “front lines.”

The events at Virginia Tech, NIU, etc. impress upon us all the necessity of being vigilant.

Page 4: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.
Page 5: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

1.Societal Changes

2.Technology

3.The New Consumer

4.Mental Health Issues

5.The Changing Parent

6.The Thresholds of Violence

7.Access to Weapons

Page 6: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

The 2006 National Survey of Counseling

Center Directors found that:o 40% of students had severe

psychological problemso 8% of students had such severe

mental health issues that they could not remain in school

o 32% of students experienced severe problems but were able to stay in school (Gallagher, 2006)

Page 7: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

What are the illnesses students are

struggling with?1

7% were adjustment disorders (depressed mood, mixed with anxiety features)

32% were diagnoses of depression and/or bipolar disorder

51% were diagnoses of anxiety, depression and adjustment disorders (Schwartz, 2006)

Page 8: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Students with mental illness are the fastest rising disability group on college campuses. Of all college students, 35-40% will suffer from some form of mental illness during their college career.

Of all students with disabilities, psychiatric disabilities make up 15-21% report having a psychiatric disability.

The onset of major mental illnesses occurs between the ages 18-25. This makes campus one of the prime locations for first eruption of these illnesses.

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0

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1985 1990 1995 2000 2005 2010

%

Year

Percentage of all clients prescribed medication

Page 10: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

"Helicopter Parents"

Page 11: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

“Large”

Intimidating

Obvious

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Specific

“Quick”

Secretive

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Concerned

Vicarious

Invested

“Friend”

Page 14: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Returning Boomers – Lifelong Learners

Second Career Gen Exers

Emptying the nest a second time

Field specific

The Veterans

Page 15: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.
Page 16: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Negligence Theory

Pre Virginia TechPost Virginia TechThe 3rd Restatement of Torts

Page 17: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Negligence 101

DutyBreachCausationInjury

Pre-VT

Post-VT

Page 18: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

IV-4 :

“Incidents of aberrant, dangerous, or

threatening behavior MUST be documented and reported immediately to a college’s threat assessment group, and MUST be acted upon in a prompt and effective manner to protect the safety of the campus community. (emphasis added)”

Page 19: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

“IV-6

Policies and procedures should be implemented to require professors encountering aberrant, dangerous, or threatening behavior from a student to report them to the dean.

“Guidelines should be established to address when such reports should be communicated by the dean to a threat assessment group, and to the school’s counseling center.”

Page 20: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Roughly 80% of school violence perpetrators raised serious concerns about the potential for violence amongst friends, family, peers, or other community members prior to their acts

Roughly 80% of school shooters shared their plans, or parts of their plans, with others prior to their shootings.

Page 21: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Section 142 of the 3rd Restatement of Torts

Page 22: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

It will go away on its own

Nothing will happen if I tell anyone anyway

I will get in trouble if I report this or it will make me look bad

I am afraid of retaliation

I don’t want to be viewed as a “rat” or “Intolerant” or “unkind”

I don’t want to be responsible for pushing someone “over the edge.”

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Disruptive

Distressed

Disturbed Dysregul

ated

Medically Disabled

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Anything that causes you concern.

Anything that prevents you from being able to effectively perform your duties.

When in doubt, err on the side of caution and let the appropriate officials make the determination on the level and type of intervention.

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Page 26: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.
Page 27: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

Identify that this is not a “cross-over” into Distressed, Disturbed, or Dysregulated behaviors

Remain calm and in control.

Listen to what is being said.

Acknowledge the individual’s feelings (but do not justify the behavior).

Allow appropriate emotional expression.

Identify and acknowledge the concern/issue. Offer a solution or to continue the discussion at an appropriate time.

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DO NOT:R

aise your voiceA

rgue with the studentC

hallenge or threaten the studentG

et too close to the student (personal space)A

llow the student to get too close to youT

ouch the student (EVER!)P

oint or use gestures that are challenging or threateningU

se any abusive or derisive languageH

umiliate the student

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Document the incident with the Department Chair, the Dean, and the Student Conduct Office.

When documenting, include:

What occurred – be specific and chronological (include any historical perspective with the student)

When – time/date(s) Where – exact location (include the layout of the room, when applicable)

Who was involved – include all witness namesD

o not include any language that is judgmental, abusive (unless quoting a party to the incident), or attempts to diagnose a student’s condition

Page 30: W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org.

For more information on training contact W. Scott Lewis, JD

at [email protected] www.NCHERM.org

610-993-0229

This presentation is the intellectual property of the presenter and may not be used without express written permission.