Students at Risk: Managing On-Campus Violence

Daniel Michaluk and Catherine Peters

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Bill 168: Workplace Violence and Harassment

• Second Reading/Committee stage

• amends Occupational Health and Safety Act

• student conduct that creates risk to faculty and staff

• “workplace harassment” and “workplace violence”

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Bill 168: Workplace Violence and Harassment

• workplace policy

• program to implement the policy

• risk assessments and reassessments

• domestic violence

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Bill 168: Workplace Violence and Harassment

• duties of employers, supervisors and workers

• information and instruction

• work refusals and inspections

• notice of incidents

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Bill 168: Workplace Violence and Harassment

• “Every precaution reasonable in the circumstances”

• security and surveillance?

• Norwich orders?

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Privacy Issues

• mandatory disclosure about risks

• Bill 168 imposes a positive duty to disclose

• it is very limited in scope

• don’t forget FIPPA duty

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Privacy Issues

• discretionary disclosures to prevent imminent harm

• IPC “health and safety” exemptions guideline

• FIPPA – “compelling circumstances…”

• PHIPA – “eliminating a significant risk of serious

bodily harm”

• this guideline is not about routine threat risk

management!

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Privacy Issues

• discretionary use and disclosure to manage risk

• FIPPA – support threat inquiries and disclosures to

mitigate risk by policy

• PHIPA – use and disclose based on consent only

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Security and Policing

• lawful police access to student records

• FIPPA – no consent, no warrant, whether they ask or

you believe a crime has been committed

• but what do your students expect?

• will you be subject to a civil claim if charges are

dismissed?

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Security and Policing

• do codes of conduct need to change to protect security/constable authority?

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Policy Developments

• IACLEA Blueprint

• Dunkle Article on threat assessment teams

• Massachusetts report

• U.S. Secret Service, FBI and Department of Education work ongoing

College Students and the Law: Proactive Strategiesfor Today’s Legal Challenges

Process Issues

• disciplinary v. non-disciplinary processes

• medical assessments and procedural fairness

Students at Risk: Managing On-Campus Violence

Daniel Michaluk and Catherine Peters