Red Flags Waving: Current Risks in Independent Schools

1. Red Flags Waving: Current Risks in Independent Schools CAIS Board Chair Round Table Debra Wilson, wilson@nais.org Jim McManus, jmcmanus@caisca.org

3. Not Your Parents’ Republican Party • Huge Post-Inaugural Protests • Mexico cancelling meetings • Gorbachev saying heading towards a world war • Alt twitter accounts from the White House to the EPA and National Parks Administration • Executive Orders – may or may not be legal, definitely off the cuff • State Department staff stepping down

4. In short… • (insert lindsey graham photo)

5. New President • National Labor Relations Board • Supreme Court • Wage and Hour Regulations • Immigration • DOE – vouchers, Title IX, transgender issues • Tax Simplification – 117(d) & 127, other benefits • Charitable Giving • Health Insurance

6. Sector Maturation • Managing risks through institution wide risk management • International trips one profound example • Institutional Risk Management – Reflecting School Culture Based Outcomes

7. Risk Management Plan/Report • School philosophy / culture • Date • Name of Risk • Owner • Description of Risk • Risk Score (low, med, high) • Goal Plan Implementation • Action steps/Treatment (Mitigation, management, acceptance, cultural issues, policies, procedures)

8. Greatest Risk Areas • Abuse of students/ interactions with adults • Crisis management • Employment practices • Facilities/deferred maintenance • Health center • IT infrastructure • International students • School security • Study abroad programs

9. Summation from UE: Claims • Sexual Assault • Sexual Molestation • Traumatic Brain Injury • Bullying • International Travel / Study with students • Employment: Disability, Age, Gender, Retaliation

10. Operations

11. Employment Issues • Wage & Hour Regulations • 67.78% of schools this will be a problem • 22% - non-faculty employees currently exempt would not meet the $50k level • On-Hold • HR Trends – Increased regulation by feds and state. Most compliance challenges. • Heads’ contracts & relationships • Training of Supervisors / Updating HR

12. Technology: Privacy & Management • Student Data Privacy • 2014 – 110 student data privacy bills introduced • 2015 – 182 student data privacy bills introduced • Effort to introduce unified legislation prohibiting tracking of activity on k-12 school internet. • Effort to limit ability for schools of all kinds to use student social media postings in disciplinary proceedings

13. Repeating Challenges • Global Health Issues – Swine flu, bird flu, Measles, Whooping Cough, Ebola, Zika • ADA Compliance – Hitting Technology Quickly • Discipline Challenges – Particularly as Tuitions Rise • Parent Challenges – Behavior – Bullying, Unreal Expectations, Inter-Relationship “Challenges.” • PILOTS / SILOTS

14. Students

15. Kinds of Mental Health & Well-Being Issues Reported

16. Learning Disabilities

17. Performance Enhancement?

18. Time Spent on Homework – Independent School Health Check

19. Sleep: Hours Per Night

20. Academic Pressure

21. Sleep & Suicidal Thoughts - Independent School Health Check

22. Drinking Behavior 9-12 - Independent School Health Check

23. Binge Drinking: Risk Behaviors - Independent School Health Check

24. Parental Permission and Binging - Independent School Health Check

25. Adults & Alcohol • In a six-month retrospective, 64 percent of the bingers said they had attended parties in which adults were present, and 40.8 percent reported that adults had supplied the alcohol, and 12.4 percent reported the adults had consumed alcohol with them

26. Transgender Students • Transgender • Numbers Increasing. UK – 969 under 18s referred in 2015-2016 (200 12 and under) compared to 94 in 2009-2010. • 50% of transgender youth will attempt suicide before their 20th birthday (Nat’l Center for Transgender Equality 2011)

27. Bullying, by Gender Independent School Health Check

28. Forced Sexual Intercourse, by Gender Independent School Health Check

29. Student Sexual Activity • 24.2% 9th – 12th Graders have had sex • Note on sexting

30. Sexual Assault Pre-College • 2011 high school survey 11.8% of girls and 4.5% of boys reported having been forced to have sexual intercourse at some time in their lives. • Perpetrators – • Girls – 51.1% intimate partners, 12.5% family, acquaintances (40.8%) • Boys – 44.8% intimate partners, 44.7% acquaintances

31. Nonconsensual Sex by Age of First Intercourse

32. Student Abuse

33. Sex Abuse in Independent Schools • Unprecedented number of stories • Spotlight team • Regular letters and investigations • More and more complex situations as investigations overlap

34. Effects of Abuse • Guilt, shame, blame • Low self esteem • Intimacy/relationship issues • Depression • PTSD • Chemical dependency • Suicide • Dissociation

35. Independent School Claims • UE Study – 1600 claims brought against independent schools from 2007-2011 more than $41.5 incurred losses • General Liability - Students brought less than half the claims but accounted for 58% of the cost. Employees 18% of claims, 23% of cost. Rest are third party claims.

36. Types and Costs of General Liability Claims

37. Assaults • More than 30% of assault claims resulted in a loss • 58% peer-to-peer sexual assault • 42% involved an adult educator – 90% of dollars paid • 90% of claims perpetrator was a male teacher, coach, or religious leader • 75% of claims the victims were female

38. Questions.