Strategies to AddressStudent to Student

Sexual AssaultWebinar on December 17, 2015 □ 2 p.m. to 3

p.m.

Presenters:

Linda Johnson, Esquire

Co-chair of the Education Law Group of

McLane Middleton, Professional Association

and

Jane Hulbert, President

The Jane Group

Agenda

1. Trends and Challenges

2. Approaches

(a) Prevention

(b) Responsive Action

(c) Crisis Communications

A Crisis Has Emerged

At the college level...

• 23% of undergraduate women report sexual assault

in college.*

• Increased focus from students, parents, alumni,

police and the public.

• Mandates by the federal government on colleges,

universities and other educational institutions that

receive federal funds. (e.g. Title IX, The Clery Act,

The Violence Against Women Reauthorization Act).

• There is an evolving standard of care.*AAU Campus Survey on Sexual Assault and Sexual Misconduct (September 21, 2015, page ix)

Federal Law Basics

• Title IX – policy, coordinator, known procedures, prompt response.

(Applicable to recipients of federal funds).

• Clery Act – annual security report, prevention and education programs, grievant and disciplinary procedures, confidentiality policy, victim services.

(Applicable to Colleges and Universities.)

• VAWA/Violence Against Women Act - report domestic violence, dating violence and stalking beyond the crime categories of the Clery Act, adopt certain student discipline policies such as for notifying victims of their rights, and adopt certain institutional policies to address and prevent campus sexual violence, and train pertinent institutional personnel.

(Imposes Obligations at Colleges and

Universities.)

A Trickle Down Effect

At the high school level...

• Students are reading and hearing about the

developments at the college level, and are

expecting the same rights and options, such as:

– Explicit policies

– Options for reporting (internal, external,

confidential)

– Medical assistance

– Educational accommodations

College Versus High School

Students are engaging in sexual activity at younger ages, and have the same issues as college students such as the need to understand “consent” and state laws regarding sexual assault, options for reporting, medical attention, and educational accommodations.

But, there are differences such as:

• Romeo and Juliet laws (close in age exceptions to criminal activity).

• Statutory rape (criminal ramification even in “voluntary” sexual activity, based simply on the age of the victim).

• Mandatory child abuse reporting laws.

High School Statistics

According to a 2014, Kaiser Family Foundation report, nearly half

of all high school students report having sexual intercourse.*

44% of reported sexual assaults take place before the victim is

18.**

One in 3 to 4 girls and 1 in 5 to 7 boys are sexually assaulted prior to leaving high school.**

*Sexual Health of Adolescents and Young Adults in the United States, August 2014,

The Henry Kaiser Family Foundation

** From “What Should High Schools Do? 44 Percent of High Sexual Assaults

Happen Before College,” by Soraya Chemaly, Huffington Post, Updated June

27, 2015

Unique Circumstances at the High School Level

Understanding the interplay between

in loco parentis obligations

and

sexual assault protocols

The college model does not work in all

areas.

Challenges

• Balancing the rights of the accuser/victim and the

accused.

• Investigation skills of school employees regarding sexual

assault investigations.

• Coordinating the school’s investigation with police

investigation.

• Demands and expectations of accuser/victim.

• Ability of the school to accommodate needs of victim

and accused.

• Lack of clear student handbook policies in this area.

Considerations in Addressing Challenges

Awareness: Helping students, parents and school employees to

understand

• what sexual assault and sexual misconduct is

• legal ramifications of student actions such as mandatory

reporting obligations and possible criminal charges

• what the school’s responsive action may/should include

Policies: Developing policies that adequately inform, educate, and help to further the school’s mission.

Communications: What can and should be said to whom and

when to say it.

Considerations in Addressing Challenges

Criminal Charges: Managing the disciplinary response and

consideration of the best interests of the student while

criminal charges are possible or pending.

Confidentiality and Anonymity: How to encourage

students to reach out for help considering issues such as

mandatory reporting obligations.

Duty of Care: Trying to evaluate what duty of care will be

expected in this developing area.

... to name a few.

Emerging Standard of Care

• What protocols used at the college level will be

expected at the high school and middle school

level.

• Consider the impact of the federal Teach Safe

Relationship Act of 2015 which may require public

school training on safe relationship behavior. (Professional development to school employees on safe

relationship behavior education, teaching and learning

practices; and age appropriate student trainings.)

Prevention: ChangingSchool Culture

1. Support and Engage Student Activists as Agents of Change

2. Educate Parents

3. Implement a Comprehensive Sex Education Program

4. Provide Bystander Intervention Training

5. Provide First Responder Training to Faculty, Staff and Students

6. Support Survivors

7. Conduct a Campus Climate Survey on Gender-Based Harassment and Sexual Violence

8. Develop Clear Policies and Procedures

9. Deconstruct Rape Culture Key Recommendations from the Phillips Academy Brace Center for Gender Studies

Secondary School Conference on Gender-Based Harassment and Violence,

held on April 10, 2015.

Sample of School Trainings

• Mandated Reporter and First Responder Education

• Well-Publicized Crisis Protocols (Mobile App)

• Sexual Violence Education including Bystander

Intervention Trainings, for Students and Employees

• Table Top Training Exercises for Response Team and

Leadership

• Support Resources Flow Chart

Response: Immediate Support

• Ensure safety and medical needs of the victim

• Provide counseling for the victim and accused

• Preserve evidence

• Notify parents

• Report to police and child abuse reporting agents

• Identify other reporting requirements (Board, student

community, faculty, insurance carrier, etc.)

Sexual Assault Protocols/First Responder

• Contact the Dean of Students. The Dean will notify the Medical Director, Counselor on Duty, and Head of School. (In an emergency, call 911.) Note: Regardless of when you learn of a sexual assault, report the matter to the Dean of Students as soon as possible.

• Arrange for transport to health center. Accompany student. Have student remain in clothes (necessary for a medical exam).

• Dean of Students will also notify police, local agency such as Division of Children and Families, and parents, as appropriate.

• Consider local resources such as rape crisis centers.

Sexual Assault Protocols/First Responder Training

• You cannot promise confidentiality; you can promise privacy.

• Ensure student safety.

• Be unconditionally supportive and allow student to express

emotions, which may include crying, angry outbursts, feelings

of guilt.

• Remain calm, offer support, and stay with the student.

• Do not question the student about the details of the event. Be

a supportive listener.

• Be mindful of the personal, interpersonal and privacy

concerns of the student (pregnancy, STDs, parental/social

reactions).

Confidentiality

• School employees need education on the basics of maintaining confidentiality of the students(e.g. knowing what information is confidential and with whom confidential data can be shared, and being aware of their surroundings and who may be listening when discussing cases.

• In addition, individuals responding to sexual assault should be aware of the laws in their jurisdiction about privileged communications, minor confidentiality rights, as well as what community based resources might be available and the confidentiality of using those resources.

Investigation Proceduresand Considerations

• School responsibilities – law and policy

• Coordination with police

• Balancing the needs of the accused and broader

community concerns

• Investigation Processes – Who Conducts?

• Insurance considerations e.g. UE ProResponse

Coverage for PR Consultant and/or sexual assault

investigator

Pending Investigation, Findings,and Disciplinary Response

• Consider interim measures including

accommodations, amnesty policy and leaves

• Determine Findings

• Follow-up with disciplinary or other responsive

actions as needed

Longer TermResponsive Procedures

Continuing support for students in:

• Police interviews

• Media relations

• Court attendance

• Needs of the greater school

community

Considerations For ComplaintResponse Procedures

1. Report promptly to the Head of School.

2. Seek legal advice from the outset.3. Protect the complainant, the school community, accused,

etc.

4. Secure immediate medical care.

5. Ensure privacy.

6. Conduct case by case analysis.

7. Comply with reporting obligations / police notification.

8. Establish interim protections, accommodations and remedies.

9. Investigate (internal / external).

10. Take disciplinary or remedial action.11. Protect from retaliation.

12. Address bystander education and support.

When All is Said and Done

• Prevention

• Documentation

• Review

• Assessment by Response/Leadership

Team

• Ongoing Check-In and Support of

Students

Key School Training Takeaways*

• Talk with adults and students about issues of health, safety and

well-being. Reinforce that ALL community members have a

responsibility to keep students safe.

• Publicize and train on emergency protocols. (Use the app!)

• Remind all community members not to worry alone! First

responders provide support in the moment, but should reach

out to others. Reinforce that you are partners and have resources on campus to benefit the students entrusted to your

care.

*From Phillips Andover, shared with permission of PA,

Maureen P. Ferris, Director of Risk Management

Communication Principles in Managing a Sexual Assault on

Campus

The Jane Group

December 17, 2015

Productive Paranoia

• Maintain hypervigilance

• Staying highly attuned to threats and changes in the

environment/ even when – especially when all is going well

• Assume conditions will turn, at perhaps the worst possible

moment.

• Channel worry into action

• Prepare contingency plans

Jim Collins/ Morten T. Hansen: Great by Choice, 2011

Before a CrisisKnow what communications pieces you will need and remember

they must be vetted by the attorney:

• Letter to parents

• Letter to alumni

• Media/holding statement

• Talking points for the board, faculty, and staff

• Think through how you will communicate in this type of crisis

The Crisis TeamCore Team Expanded Team

Head Division Heads

Trusted advisor Advancement and Admissions

Core admin team School Psychologist

Director of Communications Business Officer

Crisis Communications

Consultant(as needed)

Faculty as needed

IT Director Security as needed

School Attorney

Board Chair – must always be

informed immediately

When a Crisis Hits

• Remain calm

• Gather the team

• Gather the facts

During a Crisis

Three major pain points…

1. Timing of communications

2. Managing the buzz

3. Messaging

Pain Point 1Timing of Communication

Finding the right balance – sometimes

the media will force your hand; best to

get in front of a crisis rather than behind

it

Pain Point 2Managing the Buzz

Do you ignore it?

Respond selectively?

Use student and/or parent leaders to address?

Is there a need for a letter?

Is there a need for a town hall meeting or coffees?

Pain Point 3Messaging

What is the message and how are you going to deliver it?

• Empathetic

• What has happened, what the school is doing about it, will do

about it going forward

• Need for confidentiality; protect persons involved; explain you

may be limited by privacy, legalities, investigations, etc.

• Acknowledge the courage it takes to come forward

• Acknowledge how troubling this is to the community

• Importance of school safety, civility, and respect for each other

• Express zero tolerance

• Acknowledge the potential for media coverage and review the

school’s media policy

• Indicate how you will communicate

After a Crisis

Core safety procedures and

training are in place prior to an event

Timeliness in action being taken

How students are getting back on

track

Changes in procedures,

enhanced vigilance; use a crisis as an

opportunity to put you at the forefront

of best safety practices

Checklist For School Preparedness

Do you have an updated crisis plan?

Is your crisis plan user friendly?

Do you have a list of phone numbers for head, admin team, board chair, executive committee, consultants, and school attorney?

Who is your spokesperson? Is there a backup? Are they media trained?

What are the first three steps to take when faced with a crisis?

When was the last time you had a crisis table top exercise?

Jane Hulbert

Office 630-325-2509

Cell 708-542-6563

www.thejanegroup.biz

Linda Johnson

Office 603-628-1267

www.mclane.com