minors on campus: managing the risks

© 2013 ARTHUR J. GALLAGHER & CO.

April 22, 2023Vincent E. Morris

THINKING AHEAD.

Minors on Campus: Managing the Risks

University of South Carolina

© 2013 ARTHUR J. GALLAGHER & CO. ARTHUR J. GALLAGHER & CO.

Who Is a “Minor”?

• Typically, anyone under 18but…

• 21 in MS, PA, PR• 19 in AL, NE• Not…

•Parent of a child of their own?•Living in an institutionally owned facility?

• Check local laws in places of operation

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Risk Identification I

Attached to budget line

Run throughout academic semesters-

Day Camps

Overnight Programs-

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Risk Identification II

Risk Identification II

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“Here’s where the risks are…”

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High-Exposure Areas

• Academic Programs• Admissions• Human Resources• Health Services • Student Affairs/Recreation• Special Events/Advancement• Institutional Counsel/Office of Legal Services• Conference Services

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What to Worry About, Part I

• Alcohol and controlled substances• Unclear “ownership” of events• Age of the individual/mixed groups• No participation release/medical release• Facilities not designed for minors• Inadequate supervision• Unplanned time• Staff qualifications

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What to Worry About, Part II

• Regulatory risk• Mandatory reporting• Pre-existing mental health issues• Other medical issues• Meeting custody obligations• Transportation risks• Media images• Over-reaching/misleading statements

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What to Worry About, Part III

• Internet and media exposure• Shared space/private space• Emergency management• Special needs programs• Accompanying family/friends: “entourage”• Emergency response/missing children

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Common Occurrences & Coverage

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Premises Liability: Still #1

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Sexual Abuse Risk: Scope of the Problem

• 8.1% or 1.8m American teenagers report being victims of sexual assault

• 1 in 4 girls/1 in 6 boys• Some estimates: As high as 10% of school children have been abused

• 74% of assaults committed by someone the victim knew well

• More than 80% of abuse never reported to authorities

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Sexual Misconduct in Higher Ed: 10-year UE Claims Statistics

• 83 incidents/claims• 1 in 5 incidents/claims resulted in monetary loss

• Average loss per claim exceeded $475k• Highest loss exceeded $2m

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Who Are the Victims?

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Who Are the Perpetrators?

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Who Are the Perpetrators?

Employees» Faculty» Camp counselor» Coach» Security guard» Clergy» Doctor» Childcare

worker

Students» Student teacher» Undergraduate

student» Graduate

student» Student intern» Work study

student

Other» Program

volunteer » Former employee» Minor (program

participant, camper, high school student)

» Contractor

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Hardening the Target

Abuse is encouraged by three conditions:1.Access to children

2.Privacy

3.Control

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Common Elements

• Offender has special access to children• Able to isolate child from others• Able to develop a special relationship (“grooming”)

• Gifts, special privileges, time• Families often encourage interaction

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Common Scenarios

• Experienced offender seeks access to children in your care, custody, and control•Employee•Contractor•Volunteer•Student

• Young employee, student, volunteer, or contractor discovers attraction to children while working for you

• One program participant abuses another

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Eight Steps to Reduce Abuse Risk

1. Policies and procedures2. Screening and selection3. Ongoing training: prevention and reporting4. Monitoring and supervision5. “Consumer” participation6. Feedback systems7. Response plans8. Administrative practices (3rd parties, media,

space management, policy enforcement)

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After an Incident…

1. Point of contact and support for family2. Preserve rights of alleged perpetrators3. Follow reporting obligations4. Engage outside help for media

management sooner than later5. Use internal resources you may have!6. Investigate thoroughly, fairly, promptly,

and as transparently as possible

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Transforming the Culture

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Insurance and Risk Financing

• Coverage for “SAM” (sexual abuse and molestation)

• Limits and terms should be appropriate to risk

• Third parties also should carry SAM and other appropriate coverages

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D&O coverage: ‘What did the President know, and when did he know it?”

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Good Risk Management I

• Determine what constitutes a “minor” in your jurisdiction(s)

• Identify where minors are interacting•Surveys•Checklists•Critical conversations with key players

• Identify or designate a “risk owner”

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Good Risk Management II

4. Identify hazards that increase risk for minors

5. Practice excellent loss control•Facilities in good order•Policies and procedures in place•Background checks performed•Good training for right number of staff•Appropriate insurance coverage in place

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The Praesidium Safety Equation™

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Child & Youth Programs Risk Assessment ProjectSummary of Questionnaire Results

Risk Assessment Results

Risk/Control

Significance/Effectiveness

RiskRanking

CommentsName of Child/Youth Program Control #

Residence Halls - Students Under Age 18 97 4.3 4.0 8.3 No office attempts to track or monitor students under age 18

Summer College - Acting & Musical Theatre 105 4.0 4.2 8.2 Six-week residential program for HS drama students

SPE/311/SPE 312 81 3.7 4.2 7.8 Students in unsupervised situations with developmentally disabled persons

Academic Improvement Program 42 3.7 3.8 7.5 Any under 18 students are not tracked or monitored (see #97)

Summer College Public Communications 110 4.0 3.5 7.5 Six-week residential program for HS Communications students

Summer Start 95 3.3 4.0 7.3 Six-week residential program for pre-college HS students

Independent Study Degree Program 48 4.3 3.0 7.3 Any under 18 students are not tracked or monitored (see #97)

Summer College - Management 109 3.7 3.7 7.3 Six-week residential program for HS Management students

Summer College - Architecture 106 3.7 3.5 7.2 Six-week residential program for HS Architecture students

School Press Institute 25 3.7 3.5 7.2 1-week residential program with repeat 1 on 1 contact in private setting

Summer College - Law 108 3.7 3.5 7.2 Six-week residential program for HS Law students

Summer College for Fashion Design 34 3.7 3.3 7.0 Six-week residential program for HS Art/Design students

Girl's Tennis Camp 104 3.7 3.3 7.0 3-night residential program, repeat 1 on 1 unsupervised contact

Psychological Services Center 39 3.3 3.5 6.8 Repeat 1 on 1 contact with children in private office setting (video taped)

Summer College - Art & Design 107 3.3 3.5 6.8 Six-week residential program for HS Art students

Girl's Basketball Camp 100 3.7 3.2 6.8 4-night residential program, use of swimming pool, internet photos, etc.

Boy's Lacrosse Camp 101 3.7 3.2 6.8 4-night residential program, repeat 1 on 1 unsupervised contact, photos

Art Media Studies 44 3.7 3.2 6.8 2-week daytime program for HS photography students

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Child & Youth Programs Risk Assessment ProjectSummary of Questionnaire Results

Risk Assessment Results

Risk/Control

Significance/Effectiveness

RiskRanking

Name of Child/Youth Program Control # Comments

Girl's Volleyball Camp 54 3.7 3.2 6.8 3-night residential program, repeat 1 on 1 unsupervised contact

Girl's Lacrosse Camp 102 3.7 3.2 6.8 3-night residential program, repeat 1 on 1 unsupervised contact

Girls Soccer Camp 52 3.7 3.2 6.8 4-night residential program, repeat 1 on 1 unsupervised contact

Girl's Softball Camp 59 3.7 3.2 6.8 3-night residential program, repeat 1 on 1 unsupervised contact

Boy's Soccer Camp 51 3.7 3.2 6.8 4-night residential program, repeat 1 on 1 unsupervised contact

Health Services 14 3.7 3.0 6.7 Any under 18 students are not tracked or monitored (see #97)

Children's Chorus 55 3.3 3.2 6.5 Year-round program operated by 501(c) (3) organization on SU campus

Boy's Basketball Camp 99 3.3 3.2 6.5 4-night residential camp owned/operated by head coach.

Football Camp 98 3.3 3.2 6.5 6-night program owned/operated by head coach

Environmental Awareness Program 70 3.0 3.3 6.3 6-night residential program operated by ESF

Girl's Rowing Camp 103 3.3 3.0 6.3 3-night residential camp owned/operated by Nike

Science & Technology Entry Program 1 3.7 2.7 6.3

Bergen Record visit 27 3.3 2.8 6.2

Spring Reception & Multicultural Spring Program 3 3.7 2.3 6.0

Campus Visitation 4 3.3 2.7 6.0

Stage/Drama Dept. 15 3.0 3.0 6.0

Empire State School Press Association 26 3.0 2.8 5.8

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Acknowledgements

With sincere appreciation we especially recognize the work and contributions of:

•Benjamin E. Saunders, Ph.D., National Crime Victims and Treatment Center Dept. of Psychiatry and Behavioral Sciences, Medical University of South Carolina•Constance Neary, Vice President of Risk Management, United Educators Insurance•Richard F. Dangel, Ph.D., Praesidium, Using gap analysis to find and manage youth risks in higher education

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April 22, 2023

Vincent E. Morris, AIC, ARM, CIC, CPCU, CRM, CPA Executive Director, Gallagher Higher Education [email protected]

minors on campus: managing the risks

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