Minors on Campus: Managing the Risks

1. Minors on Campus: Managing the Risks University of South Carolina

2. 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

3. Risk Identification I Attached to budget line - Run throughout academic semesters Day Camps - Overnight Programs

4. Risk Identification II Risk Identification II

5. “Here’s where the risks are…”

6. High-Exposure Areas • Academic Programs • Admissions • Human Resources • Health Services • Student Affairs/Recreation • Special Events/Advancement • Institutional Counsel/Office of Legal Services • Conference Services

7. 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

8. 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

9. 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

10. Common Occurrences & Coverage

11. Premises Liability: Still #1

12. 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

13. 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

14. Who Are the Victims?

15. Who Are the Victims?

16. Who Are the Victims?

17. Who Are the Perpetrators?

18. 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

19. Hardening the Target Abuse is encouraged by three conditions: • Access to children • Privacy • Control

20. 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

21. 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

22. Eight Steps to Reduce Abuse Risk Policies and procedures Screening and selection Ongoing training: prevention and reporting Monitoring and supervision “Consumer” participation Feedback systems Response plans Administrative practices (3rd parties, media, space management, policy enforcement)

23. After an Incident… Point of contact and support for family Preserve rights of alleged perpetrators Follow reporting obligations Engage outside help for media management sooner than later Use internal resources you may have! Investigate thoroughly, fairly, promptly, and as transparently as possible

24. Transforming the Culture

25. 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

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

27. 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”

28. Good Risk Management II • Identify hazards that increase risk for minors • 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

29. The Praesidium Safety Equation™

30. Child & Youth Programs Risk Assessment Project Summary of Questionnaire Results

31. Child & Youth Programs Risk Assessment Project Summary of Questionnaire Results

32. 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

33. Vincent E. Morris, AIC, ARM, CIC, CPCU, CRM, CPA Executive Director, Gallagher Higher Education Practice Vincent_Morris@ajg.com 630-285-4390