New Article on Campus Sexual Assault

The Center for Public Integrity has released another article in its ongoing coverage of campus sexual assault. http://www.publicintegrity.org/articles/entry/2747/

NCHERM Expert Witness and Litigation Services Lead to Recent Victory

For Immediate Release

October 4, 2010. Malvern, PA. Recently, the Court of Common Pleas of Delaware County, Pennsylvania granted summary judgment to Widener University in the wrongful death and premises liability case of Lacey v. Widener University. Widener successfully repelled the plaintiff's efforts to expand institutional liability to off-campus injuries in Pennsylvania.

NCHERM is proud of the role it played in helping Widener to prevail on its summary judgment motion. NCHERM partners Saundra K. Schuster and Brett A. Sokolow filed a brief as amicus curiae in this case on behalf of AICUP, the Association of Independent Colleges and Universities of Pennsylvania.

The NCHERM brief has been posted at http://www.ncherm.org/witness-litigation.html for your access. Judge Pagano’s reconsideration of his denial of summary judgment and order granting summary judgment in favor of Widener is posted as well. NCHERM extends congratulations to Rocco Imperatrice, lead litigation counsel for Widener, of the firm of Imperatrice, Amarant, Capuzzi & Bell.

NCHERM's work on behalf of AICUP is a typical example of the effective litigation support consultation and expert witness services NCHERM provides to colleges and universities across the country. Similar recent efforts include:

Assisting Notre Dame College of Ohio in its voluntary participation in a compliance review and resolution with the OCR. Ongoing.

Defense expert to West Virginia Wesleyan University in a campus security and premises liability negligence action for a student sexual assault. Settled with plaintiff.

Defense expert to private liberal arts college in Iowa in a premises liability negligence action against the college and the president is his personal capacity. Ongoing.

Defense expert to a New Jersey school district in a school security and negligence action. Ongoing.

Expert witness to a plaintiff suing a Pennsylvania school district in a Title IX sexual assault/harassment and retaliation action. Ongoing.

Plaintiff's expert witness in John Doe et. al. v. Sewanee, the University of the South in a student discipline, “due process” and negligence action. Ongoing.

Plaintiff's expert witness in Padiyar v. AECOM, Inc., an appeal of a student discipline expulsion and allegation of sexual orientation discrimination. Case dismissed on procedural grounds.

Defense expert to Chi Psi Fraternity in Lanahan v. Chi Psi Inc., a wrongful death, hazing and alcohol action. Settled with plaintiffs.

Plaintiff's expert witness in Candace Minear v. Sigma Kappa Sorority, Inc., Sigma Kappa Sorority Delta Upsilon Chapter, Sigma Kappa National Housing Corporation, Inc., a negligence action for injuries resulting from a sorority initiation. Settled with defendants.

Defense team in the US Department of Education and US Department of Justice Clery Act investigations of La Salle University. Successful result.

Defense team member in an NCAA investigation of a Division I Athletic Program. Successful result.

NCHERM’s experts are well-versed in:

Title VII and Title IX (Equity, Harassment, and Sexual Assault)
General Tort Liability Issues
Student Conduct/Discipline (academic and non-academic) Issues
Other Discrimination Complaints
FERPA/HERA/Clery Act Complaints
OCR/Clery Act/FPCO/DOJ Investigations
Internal Misconduct Investigations

NCHERM’s experts represent leadership in the field of higher education through professional associations, as practitioners and as consultants. Our ranks include one current and two past presidents of the Association for Student Conduct Administration (ASJA, now ASCA), a former vice president of the ACPA Commission on Student Conduct and Legal Issues, the current president and president-elect of the National Behavioral Intervention Team Association (NaBITA) and the current president of the American College Counseling Association (ACCA).

For more information on NCHERM's litigation support services, please contact Samantha Dutill, NCHERM Client Relations Coordinator at (610) 993-0229. Email: Samantha@ncherm.org Website: www.ncherm.org

Threat Assessment on Campus

Colleagues,

Brett Sokolow's recent article "How to Do Threat Assessment Right on a College Campus" was recently featured in the Newsletter of the Association of Threat Assessment Professionals (ATAP -- www.atapworldwide.org).

Please find the article here: http://www.atapworldwide.org/associations/8976/files/documents/ATAP_Newsletter_Vol-2_Iss-3.pdf

Regards,

Brett A. Sokolow, Esq.
Managing Partner, NCHERM

Campus Mental Health Resource

Colleagues,

NCHERM-Affiliated Consultant Brian Van Brunt has passed along a terrific new resource. http://www.campusmentalhealth.com/

Regards,

Brett Sokolow

NCHERM Announces Campus Sexual Misconduct Investigation Trainings

For Immediate Release


September 24th, 2010 – Malvern, PA – The National Center for Higher Education Risk Management (NCHERM) announces a series of Campus Sexual Misconduct Investigation Trainings to be held in November 2010. NCHERM and ACPA co-sponsored three national Institutes on Sexual Misconduct in July of 2010 attended by over 300 college and university administrators across the country. One of the clear needs emerging from these events was a training program addressing the creation and operation of an effective investigation model for campus sexual misconduct, including sexual assault and harassment. NCHERM has designed the upcoming events to address this need for both student and employee-related misconduct.


The Investigation Trainings will be divided into two thematic sections. In the morning, participants will focus on the question of how to develop or refine the right model. The afternoon session will focus on the training skills investigators need and will finish with a case study to deploy those skills. Three of the foremost nationally-known experts on this subject, NCHERM partners Brett A. Sokolow, Saundra K. Schuster and W. Scott Lewis, will serve as trainers for these events.

Why Is This Training Needed Now?

For years, campuses have sought models of resolution for campus sexual misconduct complaints that provide fairness, balance, and a measure of satisfaction with the fairness of the process for the participants. We’ve tried adversarial hearings. Administrative hearings. Shuttle diplomacy. Mediation. Restorative justice. And, hybrids of each of these. For the most part, these approaches to addressing sexual misconduct have been ineffective because we’re trying to fit campus sexual misconduct into a student conduct/discipline framework like hazing, a roommate conflict, or some similar developmental challenge.

Campus sexual misconduct is more accurately seen not as a conduct issue, but as a civil rights/ discrimination matter. We need to take a page from HR and create a civil rights investigation model for addressing campus sexual misconduct. Civil rights investigations are not police-led investigations, and are not the same as investigating student conduct violations. They require a very specific, highly specialized skill-set. But, where do you to get the training you need on how to develop, implement and operate a civil rights investigation model for campus sexual misconduct? This event is designed for you.

This training will benefit you, whether you work in student affairs or student conduct and need a new model, or work in campus law enforcement or HR, and need to sharpen your civil investigation skills. In fact, anyone investigating any type of civil rights complaint will benefit from this training, including those investigating hate crimes, gender bias, racial, religious, ethic, and other discriminatory acts against any group or protected class. Prosecutors, sex crimes investigators, magistrates, victim advocates and judges are welcome too. We’ll address the confluence of campus, civil and criminal processes and how we can all do our jobs cooperatively and collaboratively without obstructing each other.

For an outline of the content and to register, visit: http://www.ncherm.org/webinars.html#UML

The three, one-day events will be held at:


n University of Massachusetts Lowell in Lowell, MA on November 2nd, 2010

n Pacific Lutheran University in Tacoma, WA on November 9th, 2010

n The University of Colorado -- Boulder in Boulder, CO on November 15th, 2010

n Additionally, the University System of Georgia will be hosting three events for system campuses in December, 2010. Outside registration is not accepted.

n An abbreviated version of this training will be provided on October 14th, 2010 at the University of the Pacific in Stockton, CA. Please check the NCHERM website for details.

For more information, please visit www.ncherm.org or contact NCHERM Client Relations Coordinator Samantha Dutill at (610) 993-0229 or Samantha@ncherm.org

2nd Annual NaBITA Conference on Behavioral Intervention and Threat Assessment

For Immediate Release

September 13th, 2010 – Malvern, PA – The National Behavioral Intervention Team Association (NaBITA) announces its 2nd Annual Conference to be held from December 1st – 3rd, 2010 at Tulane University in New Orleans, LA. 175 participants gathered for an impressively substantive conference last year, and this year’s event will be both bigger and better. What’s new this year?

• New host location – Tulane University
• Our first pre-conference session
• The new four-day Campus Threat Management Institute Track
• An opening reception sponsored by Health Management Systems of America, Inc.
• Two Keynote sessions

For 2010, the NaBITA Annual Conference will have two Keynote speakers who will be contributing to a conference strongly focused on the practical mechanics, administration and application of risk and violence assessments. The conference will open with law and policy expert Gary Pavela, J.D., addressing the question, “Should students at risk of suicide be dismissed?” Former FBI Agent Mary Ellen O’Toole will give the keynote presentation on the second day, focusing on the “Mission Oriented Shooter”.

The conference will feature the pre-conference session, two keynotes, nine invited speakers, 18 concurrent sessions, and several roundtable discussions. The Conference Committee expects this combination of learning formats will create a dynamic and progressive curriculum for participants.

NaBITA is also introducing its first Campus Threat Management Institute this year. NaBITA 2009-2010 President Brett Sokolow said, “Each year, we strive to expand programmatic events and learning opportunities for our members. This year, we have created our first NaBITA Campus Threat Management Institute, allowing participants to attain a Campus Threat Manager Certificate of Completion after four days of engaging, interactive training.” Designed as an annual event, the NaBITA Institute offers an intense level of depth and training for those charged with campus behavioral intervention and threat assessment responsibilities.

The NaBITA Institute runs concurrently with the NaBITA Annual Conference, and then continues for two additional days. Institute registrants will attend the NaBITA Conference, in a special track for Institute registrants. The Conference concludes after a closing lunch panel on Friday, December 3rd, and the Institute continues for the remainder of Friday the 3rd, all day on Saturday the 4th, and then concludes at 1:00pm on Sunday, December 5th, 2010. The Institute is capped at 35 registrants. With seven faculty members, the Institute has a 1:5 faculty/participant ratio, and participants will have individual and small-group opportunities to interact with each of the expert faculty members throughout the week.

NaBITA is an organization created to support and provide professional development in the field of behavioral intervention for team members in schools, colleges and workplaces. NaBITA is committed to providing education, resources and support to professionals in schools and in the workplace who endeavor every day to make their campuses and workplaces safer through caring prevention and intervention.

For more information, please visit www.nabita.org or contact NaBITA Associate Executive Director Samantha Dutill at (610) 993-0229 or Samantha@nabita.org

Campus Sexual Assault Study

COPS, under the DOJ, has released a new report, Acquaintance Rape of College Students. It is worthwhile.

http://www.cops.usdoj.gov/pdf/e03021472.pdf

Brett Sokolow

Article: Tough to Prosecute Sexual Assaults

NCHERM Managing Partner Brett Sokolow quoted in an article on Jezebel.com
http://jezebel.com/5559107/the-line-when-rape-victims-arent-perfect?skyline=true&s=i

Campus Sexual Assault: A Matter of Civil Rights and Title IX

Women in Higher Education recently published a nice article on Campus Sexual Assult and Title IX featuring NCHERM Partners Brett A. Sokolow, Saundra K. Schuster, and W. Scott Lewis.

It can be accessed at http://www.ncherm.org/documents/NCHERMSexualAssaultWIHEJune2010.pdf

Have a great weekend.

Brett A. Sokolow, Esq.
Managing Partner

National Institutes on Responding to Campus Sexual Misconduct

For Immediate Release

May 20, 2010 – Malvern, PA – The National Center for Higher Education Risk Management (NCHERM), and College Student Educators International (ACPA) announce their collaborative sponsorship of three national Institutes on Responding to Campus Sexual Misconduct to be held in July of 2010 at sites on the East Coast, in the Midwest and on the West Coast.

Today, colleges and universities are facing an unprecedented onslaught of litigation, fierce media coverage and deeper scrutiny through government investigations. Sometimes, the allegations and media coverage are unfair, and sometimes, colleges and universities could do a better job in addressing campus sexual misconduct. These Institutes are about rising to the challenge, learning better methods, and improving campus approaches. These landmark two-day Institutes are designed to provide comprehensive training for college and university administrators, hearing boards, conduct administrators, appeals officers, sexual harassment grievance officers, and legal counsel.

NCHERM has been a national leader for ten years on issues of campus sexual misconduct. These Institutes are designed to elevate the dialogue across the country about how colleges and universities can more effectively respond to campus sexual misconduct, including harassment and sexual assault. NCHERM Managing Partner Brett A. Sokolow, Esq., explained, “We have presented standing-room-only sessions on campus sexual misconduct at a number of conferences over the past year, and the need for deeper and more comprehensive training is clear. We wanted to provide our colleagues in higher education with a thorough overview of the legal and procedural issues that campuses are facing today. A two-day Institute will allow us to really take this issue to a new level of national competence, excellence and accountability.”

Vernon A. Wall, Director of Educational Programs & Publications at ACPA, said, "ACPA is proud to partner with NCHERM in providing this outstanding resource for campus administrators and policy makers who are ready to expand the dialogue around campus sexual misconduct and provide timely and effective interventions for the campus community."

Three of the foremost, nationally-known experts on this subject, NCHERM partners Brett A. Sokolow, Saundra K. Schuster and W. Scott Lewis, will serve as Institute Faculty. The Institutes have been designed to provide each attendee with the following five learning outcomes:


· Gain an understanding of the Title IX, negligence law, FERPA and Clery Act-based legal framework that provides the underpinning of effective and compliant campus sexual misconduct remedial structures;

· Comprehensively understand the best practices for campus sexual misconduct policy development;

· Learn the essential elements and recommended best practices for conduct procedures and protocols on sexual misconduct;

· Gain knowledge of how to effectively manage the conduct proceedings in sexual misconduct cases from intake to investigation to appeal;

· Explore the substance of what training should be provided to hearing panels for these types of challenging hearings.

All three institutes will be held during the month of July. Providing this training opportunity during the summer gives administrators time to focus, and allows institutions to be well prepared as they enter the fall term.

The Institutes will be held at:

-- Drew University in Madison, NJ on July 20th and 21st;

-- Loyola University Chicago on July 26th and 27th;

-- Stanford University on July 29th and 30th

NCHERM will provide a follow-up series of sexual misconduct investigation training events for administrators and campus law enforcement throughout the 2010 fall semester.

For more information, please visit www.ncherm.org or contact NCHERM Client Relations Coordinator Samantha Dutill at (610) 993-0229 or Samantha@ncherm.org

Threat Assessment -- NaBITA Spring 2010 Newsletter Now Available

Hello RiskMaBlog Readers,

The National Behavioral Intervention Team Association (NaBITA) Spring 2010 Newsletter has been published. Annual Conference Details are included.

http://www.nabita.org/nabita_newsletter_template_single_article_FINAL_000.html

Also, please note that the Virginia Tech Demonstration Project Book has been released publicly. You can download it at http://www.police.vt.edu/VTPD_v2.1/assets/documents/VT_ThreatAssessment09.pdf

It is worth a read.

Regards,

Brett A. Sokolow, Esq.
Managing Partner, NCHERM
www.ncherm.org
brett@ncherm.org

Green Dot Institute in Tennessee

Colleagues,



The Green Dot Institute is coming to Tennessee! The Green Dot primary prevention initiative is a new way of thinking about and doing violence prevention. Green Dot is about culture change – harnessing the power of individual choices to shift our current norms. It was designed by integrating some of the best research on social change, diffusion of innovation, communication, persuasion, bystander intervention, and perpetrator patterns into a program that makes practical sense.



The Institute will feature Green Dot author Dr. Dorothy J. Edwards of the University of Kentucky. Dr. Edwards and the Green Dot training team will train participants on launching a Green Dot movement in their communities, agencies and universities. Green Dot Institute participants will be certified to implement both phases of the Green Dot curriculum (Phase 1: Green Dot Persuasive Speech; Phase II: Green Dot Bystander Training). The training will include a comprehensive review of the philosophy, research-base, and curriculum of Green Dot.

When: June 7-8 & June 10-11, 2010. 9:30am-5:00pm.
Where: Vanderbilt University, Nashville, TN

Cost:

Fee breakdown: $735
Curriculum manual, support materials & sample participant workbook: $75

Lunch/breaks…$15/day…$60

Registration fee…$600
Registration cut-off date: May 21, 2010
Registration form: See below


For more information, including payment, registration, and hotels, please see http://www.vanderbilt.edu/WomensCenter/institute/



Please share this announcement with anyone who might be interested. For more information about Green Dot, including other upcoming trainings, please visit http://www.uky.edu/StudentAffairs/VIPCenter/index.html



With questions, please contact:

Anna Guest-Jelley, Associate Director

Margaret Cuninggim Women's Center

Office of the Dean of Students

Vanderbilt University

Phone: (615) 322-4843
Fax: (615) 343-0940

Margaret Cuninggim Women's Center



Office Location:

Franklin House, 316 West Side Row



Mailing Address:

VU Station B #351513

2301 Vanderbilt Place

Nashville, TN 37235

Targeted Violence in Higher Education Study

U.S. Secret Service, U.S. Department of Education and Federal Bureau of Investigation to Jointly Release Findings of New Study of Targeted Violence Affecting U.S. Institutions of Higher Education


The U.S. Secret Service, the U.S. Department of Education and the Federal Bureau of Investigation jointly released a study of targeted violence incidents on U.S. campuses of higher learning. The study and its findings will be available on each of the agencies' Web sites: http://www.secretservice.gov/, http://www.ed.gov, and http://www.fbi.gov/.



In response to the Virginia Tech incident on April 16, 2007, former Cabinet Secretaries Michael Leavitt and Margaret Spellings, and former Attorney General Alberto Gonzales submitted a Report to the President on Issues Raised by the Virginia Tech Tragedy dated June 13, 2007. The report included a recommendation that the U.S. Secret Service, U.S. Department of Education and the Federal Bureau of Investigation explore the issue of violence at institutions of higher education. Accordingly, the three agencies initiated a collaborative effort, the goal of which was to understand the scope of the problem of targeted violence at these institutions in the United States.



In total, 272 incidents were identified through a comprehensive search of more than 115,000 results in open-source reporting from 1900 to 2008. The findings are pertinent and far-reaching, and the incidents studied include all forms of targeted violence, ranging from domestic violence to serial killers.


The study can also be viewed at: http://www2.ed.gov/admins/lead/safety/campus-attacks.pdf.

Editor's Note: For questions concerning the study or its findings, contact the U.S. Secret Service Office of Government and Public Affairs at 202-406-5708, the Department of Education Office of Public Affairs at 202-401-1576, or the FBI Office of Public Affairs at 202-324-3691.

Ten Years After Columbine

Colleagues,

You may find this article of interest. http://www.districtadministration.com/viewarticle.aspx?articleid=1984

Regards,

Brett Sokolow, Esq.

New Study of Targeted Violence in Higher Education

New Study of Targeted Violence Affecting U.S. Institutions of Higher Education Released

U.S. Secret Service, U.S. Department of Education, and Federal Bureau of Investigation Collaborate on Joint Effort

On Friday, April 16, 2010, the U.S. Secret Service, the U.S. Department of Education, and the Federal Bureau of Investigation will release a study of targeted violence incidents on U.S. campuses of higher learning.

The June 2007 Report to the President on Issues Raised by the Virginia Tech Tragedy included a recommendation that the Secret Service, Department of Education, and the Federal Bureau of Investigation explore the issue of violence at institutions of higher education. This collaborative effort examines the scope of the problem of targeted violence at U.S. institutions.

In total, 272 incidents were identified through a comprehensive search of more than 115,000 results in open-source reporting from 1900 to 2008. The incidents studied include various forms of targeted violence, ranging from domestic violence to mass murder. The findings should be useful for campus safety professionals charged with identifying, assessing, and managing violent risk at institutions of higher education.

The full report is available online at http://www.secretservice.gov/ntac/CampusAttacks041610.pdf

Campus Sexual Assault -- More from the Center for Public Integrity

http://www.publicintegrity.org/blog/entry/2030/

Navy Research on Rape Reperpetration

Colleagues,

I have obtained a copy of Stephanie McWhorter's study of Rape Reperpetration in the Navy. I have her permission to disseminate it, and it may be downloaded free of charge at http://www.ncherm.org/documents/McWhorterVV2009.pdf

Regards,

Brett A. Sokolow, Esq.

Professor Suspended for Reported Facebook Threats

NCHERM Managing Partner Brett A. Sokolow, Esq., was quoted in Inside Higher Education on 3/2/10 talking about potentially threatening speech by an East Stroudsburg University professor that was seen on her Facebook wall. http://www.insidehighered.com/news/2010/03/02/facebook

Final Article in the CPI Campus Sexual Assault Investigative Series

http://www.publicintegrity.org/investigations/campus_assault/articles/entry/1948

NCHERM Managing Partner Brett Sokolow quoted in Boston Globe Today About Campus Sexual Assault

http://www.boston.com/news/education/higher/articles/2010/02/25/no_crackdown_on_assaults_at_colleges/?page=1

Additionally, the CPI article series latest installment indicates that OCR intends to more actively enforce Title IX. See story at: http://www.publicintegrity.org/investigations/campus_assault/articles/entry/1946/

Campus Sexual Assault Article Series (2nd Article Released Today)

http://www.publicintegrity.org/investigations/campus_assault/articles/entry/1947/

Article on Campus Sexual Assaults

The Center for Public Integrity has released its next article in its series on Campus Sexual Assault. NCHERM Managing Partner Brett A. Sokolow, Esq., was interviewed for the article, and is quoted extensively on the need to reframe the way we sanction students who violate campus sexual misconduct policies. You can find the article at

http://www.publicintegrity.org/investigations/campus_assault/articles/entry/1945

Amy Bishop Shooting at the University of Alabama Huntsville

Lessons of the Huntsville Shootings

Our condolences and thoughts are with our colleagues at the University of Alabama, Huntsville. The importance of extending the scope of our campus behavioral intervention and threat assessment teams to reach faculty/staff concerns cannot be understated. Colleges and universities have developed student-focused teams, but it is past time to broaden the scope. Faculty/staff focused teams are something we need to pusher harder for across the country.

The media seems shocked by a shooting involving a female professor. Are we? Women are a rapidly growing violent demographic in our society, and have been for more than a decade. We should not be surprised by a female perpetrator. If we are, we're not paying enough attention. A female-perpetrated campus shooting has happened before (Louisiana) and will happen again, with increasing frequency. Shootings by faculty should not surprise us either, as there have been college-related shootings in Texas, Louisiana, and most recently Georgia by faculty and staff.

We also need to question the "tenure made me do it" media coverage, and the suggestion that softening the tenure denial blow might help. We ought to cushion that blow for other reasons, but not because of the specter of violence. 99.9% of those denied tenure don't kill people. Treating faculty as "more special" than other employees only feeds the culture that makes it so politically untenable to direct campus behavioral intervention/threat assessment efforts to faculty/staff concerns on most college campuses.

It has been suggested that we make already overworked, understaffed counseling centers available to faculty. How about for every employee we fire? Why stop at faculty? This idea could have merit for campuses with counseling centers if we could dramatically expand their resources, but could also perpetuate the "dump all our problems on the counseling center" mentality that has been so pervasive since Virginia Tech. It also feeds the incident-by-incident reaction model we use to address campus violence. Cho brought us widespread mandated assessment. Kazmierczak brought classroom and centralized door locking to the fore. Now, we should revise tenure procedures because of Bishop? We're reacting incident-by-incident rather than envisioning comprehensive prevention models that are driven by our campus culture, community, resources and vulnerabilities, not every other campuses'.

If there is anything about this shooting that is anomalous and interesting that has received NO media coverage, it is that this shooting doesn't seem to fit a pattern common to almost all campus mass murders/shootings, which is the murder/suicide pattern. Bishop called her husband after the shootings to get a ride home, did not mention the shootings, disposed of her weapon in a second floor bathroom, and was apparently arrested coming out of the building without incident or reported resistance. Campus mass killers are usually their own last victims. Why Bishop walked out is worthy of some further exploration.

This shooting will lead to calls for criminal background checks and revised hiring practices, too. But, campus shooters rarely have reportable criminal histories that would show up on a typical background screening. Criminal backgrounds are not predictive of mass shootings. Bishop's history, as reported so far, is of alleged and unproven crimes. It makes for media fodder, but may not be effective prevention.

This conversation ought to be about how we build and empower the cultures of reporting that are essential to getting red flags to those on behavioral intervention/threat assessment teams who can connect the dots, identify emerging patterns and interdict them. In the coming weeks, more and more of those red flags will come out about Bishop. The disconnect on most campuses is getting that information from those who have it to those who need it.

For more resources on this topic, please visit www.nabita.org

2010 NCHERM Whitepaper Released -- Sexual Misconduct

Hello Colleagues and Friends,

February is the time for the annual NCHERM Whitepaper to be released. Here's an introductory caption with a link to the full paper:

TEN YEARS OF NCHERM WHITEPAPERS

2010 marks the 10th anniversary of the founding of NCHERM. Every year since NCHERM was founded, we have published an annual Whitepaper on a topic of special relevance to student affairs professionals, risk managers, student conduct administrators and higher education attorneys. The Whitepaper is distributed via the NCHERM e‐mail subscriber list, posted on the NCHERM website, and distributed at conferences.

In 2001, NCHERM published Sexual Assault, Sexual Harassment and Title IX: Managing the Risk on Campus.

In 2002, NCHERM published Complying With the Clery Act: The Advanced Course.

In 2003, the Whitepaper was titled It’s Not That We Don’t Know How to Think—It’s That We Lack Dialectical Skills.

For 2004, the Whitepaper focused on Crafting a Code of Conduct for the 21st Century College.

Our 2005 topic was The Typology of Campus Sexual Misconduct Complaints.

In 2006, the Whitepaper was entitled Our Duty OF Care is a Duty TO Care.

The 2007 Whitepaper was entitled, Some Kind of Hearing.

In 2008, NCHERM published Risk Mitigation Through The NCHERM Behavioral Intervention and Threat Assessment (CUBIT) Model.

For 2009, NCHERM published The NCHERM/NaBITA Threat Assessment Tool.

For 2010, the NCHERM Whitepaper is entitled Gamechangers: Reshaping Campus Sexual Misconduct Through Litigation. What game has changed? Who changed it? How?

Click the link below to find out.

http://www.ncherm.org/documents/2010NCHERMWhitepaperFinal.pdf

Regards,

The NCHERM Team

Search and Seizure at Schools and Colleges

SEARCH & SEIZURE

In the recent U.S. Supreme Court case, Sanford v. Redding, the Court ruled that school officials at a K-12 school violated the 4th Amendment rights of an 8th Grade girl who was stripped search while looking for prescription grade ibuprofen (my colleagues and I will undoubtedly comment more on this case in our annual report at ASCA and at next year’s NCHERM NLU events). School officials in many media outlets were vocal about their concerns that this decision would have a chilling effect on administrator’s attempting to “keep schools safe through the use of searches.”

As with many K-12 decisions, this one will have a ripple effect in the world of higher education – especially since it comes from the high Court – and because it addresses a topic that has produced at times seemingly conflicting opinions in the lower courts – Search and Seizure. Even in the K-12 world, but especially in housing departments everywhere in higher education, I would hope that this decision is not “over-interpreted”,” as – even in a preliminary reading – some significant differences exist between the “normal” College “Search” and this case.

Body vs. Residence Hall Room

There exists in reality and in the law a significant difference between the search of a person and the search of property, not the least of which is that, in order to search a person, they may have to be detained (which can constitute a deprivation of liberty as well). In this case, setting a relatively high standard for the strip search of a minor is a poor analogy for an administrator looking around the average residence hall room. That being said, residence life staffs should not view this as relaxing what are good practices in terms of setting clear separation between administrative searches and law enforcement involvement in those searches.

13 year-old vs. Average College Student

While I know at times the amount of parent contact our students have makes us think they are still minors (sorry Millennials), they are not in the eyes of the law. An adult student who consents to the search of their person or property will likely find themselves subject to a) the search, and b) the consequence of whatever may be found, barring the demonstration of some duress or general inappropriate law enforcement involvement.

Prescription Strength Ibuprofen vs. Marijuana? Narcotics? Weapons?

Here, the analogy is probably a little more appropriate, primarily because the “average” residence hall search does not involve even prescription strength ibuprofen. Generally speaking, the things that College administrators are looking for have already met the legal standard for being “dangerous.” That being said, I think there is something to be said for this analogy if the college was looking for minor misuse (not including sale of) Ritalin or Adderal. If nothing else, this search would warrant (pun intended) some more discussion.

In short, college and university administrators should not overreact to this decision. If you have reviewed your policies in light of the Houston and Washington and D.C. cases over the last few years (and you review their implementation and the training of your staff annually), you should keep doing the good work you continue to do.

Have a great weekend.

Saundra K. Schuster, Esq.
Partner, NCHERM