Published by the Public Risk Management Association
www.primacentral.org
JANUARY 2011
NEW YEAR, NEW RULES:
Complying with Sign Reflectivity WHO’S IN CHARGE OF COMMUNICATIONS DURING A COMMUNITY DISASTER? A Case Study on the City of Eau Claire, Wis.
Sexual Assault on Campus:
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Volume 27, No. 1 | January 2011 | www.primacentral.org
The Public Risk Management Association promotes effective risk management in the public interest as an essential component of public administration.
INTERIM EXECUTIVE DIRECTOR Marshall Davies, Ph.D.
CONTENTS
PRESIDENT Laura Peterson, JD, MPA Director of Risk and Insurance University of Wyoming Laramie, WY PAST PRESIDENT Ron Hayes Risk Manager Calcasieu Parish School Board Lake Charles, LA
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PRESIDENT-ELECT Cindy B. Mallett, AIC, CWCP, ARM-P Risk Manager City of Gainesville Gainesville, GA DIRECTORS Betty Coulter Risk Management Director City of Asheville Asheville, NC
New Year, New Rules: By Dennis Molenaar, Esq.
Matt Hansen, MPA Director, Risk Management Division City & County of San Francisco San Francisco, CA
A Case Study on the City of Eau Claire, Wis.By Dale Peters, MBA, ARM
Dan Hurley, CSP, ARM-P, MS Senior Director, Risk Management & Safety Norfolk Public Schools Norfolk, VA John J. Nacht, ARM Risk Management Program Administrator State of Washington, Employment Security Dept. Olympia, WA
Sexual Assault on Campus: By Joseph G. Jarret, Esq.
Dave Parker, ARM-P Risk Manager Pima County Sheriff’s Department Tucson, AZ Marilyn Rivers, CPCU, ARM, AIC Director of Risk and Safety City of Saratoga Springs Saratoga Springs, NY EDITOR Jennifer Ackerman, CAE Senior Manager, Communications 703.253.1267 • jackerman@primacentral.org ADVERTISING Donna Stigler 888.814.0022 • donna@ahi-services.com
Public Risk (ISSN 0891-7183) is published 10 times per year by the Public Risk Management Association, 500 Montgomery Street, #750, Alexandria, VA 22314 tel: 703.528.7701 • fax: 703.739.0200 email: info@primacentral.org • Web site: www.primacentral.org
16 IN EVERY ISSUE 4 News Briefs | 19 Advertiser Index | 20 Member Spotlight
Opinions and ideas expressed are not necessarily representative of the policies of PRIMA. Subscription rate: $140 per year. Back issue copies for members available for $7 each ($13 each for non-PRIMA members). All back issues are subject to availability. Apply to the editor for permission to reprint any part of the magazine. Periodical postage paid at Alexandria, VA, and additional mailing offices. POSTMASTER: Send address changes to PRIMA, 500 Montgomery Street, #750, Alexandria, VA 22314. Copyright 2011 Public Risk Management Association Reprints: Contact the Reprint Outsource at 717.394.7350.
JANUARY 2011 | PUBLIC RISK
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SPREAD THE WORD AND WIN!
PRIMA’s Member Get a Member Campaign PRIMA’s Member Get a Member Campaign lets you earn valuable incentives while you spread the word about PRIMA’s great member benefits. Help us recruit other public entities to join the ONLY association devoted to risk management in the public sector and you could receive: • Recruit one new member and receive 30% off your next year’s membership dues. • Recruit two new members and receive 50% off your next year’s membership dues.
• Recruit three new members and receive complimentary next year’s membership. • Recruit four or more new members and receive one complimentary registration to PRIMA’s 2011 Annual Conference in Portland, Oregon.
If you recruit four or more members, you also will be entered into a drawing for an all-expenses paid trip to Portland for PRIMA’s 2011 Annual Conference, including transportation and hotel accommodations!
HOW DO YOU GET STARTED? Visit www.primacentral.org and click on the Membership link under About PRIMA. Find the special Member Get a Member application and distribute to your fellow public entity peers. When they enter your name in the referral box, you get the credit and the discount! In addition, each new member recruited through this campaign will receive a 10% discount off of their first year’s membership dues!
DON’T DELAY! To qualify for the campaign incentives and the Grand Prize, new members must join PRIMA by March 31, 2011!
Help us grow your Association…spread the word and win!
Message from PRIMA President Laura Peterson
TALK TO ME
I
want to wish each and every one of you, my PRIMA family, a Happy New Year!
While the holidays are behind us, I am still struck by one of things I love most about the season. During the holidays, I love going to the mailbox every day in anticipation of receiving holiday greetings from friends and family near and far. I get cards from individuals I don’t hear from the rest of the year. I hear from high school and college friends, colleagues from former jobs and family members I love but don’t see every day. I get to hear what’s new (and sometimes old) in their lives, and often times what they are planning for the future. Why do we only communicate like this during the holidays? What if we were as deliberate and excited about communication all year long as we are during the holidays? I have no doubt our relationships, personal and professional, would be greatly enhanced by more frequent communication. Case in point, I am much closer to many of my friends and colleagues with whom I communicate on Facebook than those with whom I have to take the time to make an individual contact such as a phone call, email or letter. I think this is because I can publish one message quickly to many people at the same time and they can respond just as quickly and easily.
magazine regarding communications during a disaster and take advantage of the wide variety of PRIMA resources to help you focus on communication. Communicate more with your friends and family, because fulfilled individuals make better contributions to their workplaces and professions. Communicate better within your organization so your organization will understand the value of risk management. Communicate your needs as PRIMA members to me or other members of the board of directors so that we can better serve your needs.
If we know that deliberate and frequent communication improves relationships, why don’t we do a
Looking back at 2010, I would like to take this opportunity to thank each of you for maintaining strong membership and participation in PRIMA programs. We will continue to provide you with more reasons to maintain your membership in 2011. I am also extremely thankful for the support my PRIMA colleagues showed me personally over the past year as I transitioned through the personal and professional challenges of a new job in a new state.
better job of it?
I look forward to communicating with you and hearing you communicate your many successes in the coming year!
than prioritizing
Sincerely,
itself. So, for 2011,
I suspect for many of us, we communicate as a side effect of our work rather
communication
I urge you to join If we know that deliberate and frequent communication improves relationships, why don’t we do a better job of it? I suspect for many of us, we communicate as a side effect of our work rather than prioritizing communication itself. So, for 2011, I urge you to join me in prioritizing communication. Look at the article on page 11 of this issue of the
me in prioritizing Laura Peterson, JD, MPA 2010–2011 PRIMA President Director of Risk and Insurance University of Wyoming
communication.
JANUARY 2011 | PUBLIC RISK
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News Briefs
NEWS
BRIEFS ARLINGTON, TEXAS’ TRANSIT OPPORTUNITY— AND CHALLENGE When it comes to finding ways to build sports and entertainment facilities, Arlington can be quick on the draw. But if asked to focus on constructing a mass transit system in America’s largest city without one, it can be like waiting on “the last train from Gun Hill” to arrive. Throughout the years, as other area cities embraced rail and bus service, generally in corporation with the Dallas- and Fort Worth-area transit authorities, residents in the state’s seventh-largest city have been more than ambivalent about spending tax money for public transportation. In fact, Arlington residents have voted three times since 1980 against public transit while voting twice to provide funds for professional baseball and football stadiums, according to the Star-Telegram. Those sports venues have proved popular attractions, helping to infuse more sales tax revenue into the city and bringing national attention to the town—once considered the “hyphen” between Dallas-Fort Worth—with a World Series this fall and the coming Super Bowl in February. But the attractions also accent the need for public transportation, and a few leaders in Arlington have begun to recognize the importance of mass transit for any city that labels itself “major.” Mayor Robert Cluck told a civic group last month, “It’s embarrassing to me to have the largest city in America without public transportation. More than anything, I would like to have public transportation in this city before I leave.” To his credit, and unlike previous Arlington mayors, Cluck has at least made mass transit part of the conversation since he took office.
FEDS PLAN CONTROVERSIAL DISEASE RESEARCH FACILITY IN KANSAS, SOME FEAR OUTBREAKS A federal disease research facility planned for Manhattan, Kan., has sparked controversy after a safety study reported a 70 percent chance of an outbreak of dangerous and contagious diseases, reports ABC News. Located about 120 miles west of Kansas City, the proposed $451 million National Bio- and Agro-Defense Facility would study dangerous foreign animal and zoonotic diseases, which are passed between humans and animals. It would be the first time in almost 75 years that research of highly contagious foot and mouth disease would be allowed to take place on the U.S. mainland.
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NEW YORK CITY AGAIN TRYING TO CAP LIABILITY AFTER MAY CRASH OF STATEN ISLAND FERRYBOAT ANDREW J. BARBERI Facing $143 million in personal-injury claims, New York City has denied liability stemming from the May 8, 2010, crash of a troubled-plagued ferryboat, and also is seeking to limit its exposure to $14.4 million, reports the Staten Island Advance. The city previously tried unsuccessfully to cap its liability to the value of the same vessel, the Andrew J. Barberi, in an unrelated fatal 2003 crash, that killed 11 and wounded dozens. Thus far, the city has paid out nearly $88 million for 169 settlements and jury verdicts arising from that incident, said a city law department spokeswoman. In the latest case, the city has petitioned to consolidate in Manhattan federal court the 29 claims filed to date. Some claims have been brought in other venues. Individual damage demands range from $1,000 to $50 million.
SAN DIEGO MAYOR JERRY SANDERS PROPOSES NO PENSIONS FOR NEW CITY HIRES If San Diego Mayor Jerry Sanders has his way, the pensions that city workers collect—and have led to so much public angst over the past decade—will no longer exist for most new hires. According to The San Diego Union-Tribune, Sanders said he’ll gather signatures to put a measure before city voters that would eliminate guaranteed pensions for future employees and replace them with 401(k) accounts similar to what many private-sector workers receive. Only police officers and firefighters would continue to receive pensions under the proposed ballot initiative.
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PRIMA 2011
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NEW YEAR, NEW RULES:
COMPLYING WITH SIGN REFLECTIVITY REGULATIONS
By Dennis Molenaar, Esq.
According to the Federal Highway Administration (FHWA), approximately 42,000 people are killed on U.S. roads each year. And while about half of these traffic fatalities occur during nighttime hours, only one-quarter of all travel on these roads occurs at night. As a result, the FHWA has recently updated its Manual on Uniform Traffic Control Devices (MUTCD) with new safety requirements that target night drivers via a considerable street sign “retroreflectivity” standard. Retroreflectivity refers to the ability to redirect light back to its source, which gives street signs a brighter appearance at night and thereby enhances a driver’s ability to view the sign, making nighttime navigation easier and potentially safer. Public entities that handle street and road maintenance need to be prepared for these new regulations and understand what will be required as the rules go into effect.
BACKGROUND ON MUTCD The MUTCD’s purpose is to define the standards used by road managers nationwide to install and maintain traffic control devices on all roadways open to public traffic. While the most obvious MUTCD users are public sector transportation workers, many individuals and entities representing diverse needs use these standards. Some common examples include: • The public sector: Included in this group are local transportation planners and traffic engineers who design our roads and locate the traffic control devices that help drivers navigate them safely. The public works department employees must understand how to install and maintain traffic control devices, while the engineers and planners work closely with FHWA personnel to interpret and clarify MUTCD standards. • The private sector: Construction and engineering contractors who design and build roads rely on the MUTCD to set safety standards. There are also businesses whose employees design, test, manufacture and market the traffic control devices that road managers apply and install that need to consider MUTCD as well. • Private road owners: Individuals who own private roads open to public travel, such as those in shopping centers, theme parks, airports, sports arenas and the like, also rely on the MUTCD to assure that those invited to travel on their roads see messages consistent with those on public roads.
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New Year, New Rules
Though extensive in their scope, the new requirements allow for some flexibility, permitting states and agencies to choose the maintenance and replacement schedule that best fits their circumstances.
• Other organizations: A variety of other groups with completely different charters and constituents depend on the MUTCD. For example, law enforcement personnel rely on the MUTCD as they monitor driver behavior and investigate traffic incidents.
KEY CHANGES, KEY DATES The last edition of the manual, published December 16, 2009, incorporates additional requirements for the maintenance of sign retroreflectivity. According to the FWHA, currently, most signs in the United States are made with materials that degrade over time. As a result, some signs may become less visible as they age; the updated requirements in MUTCD provide road managers with guidance on the replacement of these signs, based on retroreflectivity. The new rules require that public entities that manage roads have a documented method in place to maintain minimum levels of retroreflectivity, as defined by the FHWA. States have until January 22, 2012, to establish and implement a sign assessment/management method. Regulatory, warning and ground-mounted guide signs must meet minimum retroreflectivity standards by January 22, 2015; overhead guide signs and street name signs must be in compliance by January 22, 2018.
MAINTAINING A SIGN INVENTORY How can a public entity begin the compliance process? One of the primary components that affect cities and counties in the 2009 edition of the MUTCD is the requirement of maintaining an inventory of road signs. This inventory is a comprehensive, up-to-date inspection and documentation of the status of these signs, and should be used to monitor and maintain sign retroreflectivity. For the public entity to be in compliance, the following information must be documented as a permanent public record and as part of the governmental entity records: • Sign identification number: A unique number identifying the sign.
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• Location: Route name, distance, etc. depending on location reference system; could also be GPS latitude/longitude. • Sign code: Usually a MUTCD designation. • Sign position: Location of sign relative to road (left, right, overhead). • Offset: Distance of sign from the edge of the pavement. • Height: Height of sign above road level. • Sign size: Height and width of the sign. • Sheeting type: Grade of retroreflective material. • Installation date: Date when sign installed • Post/support type: Type of sign support (e.g. wood, tube). • Sign condition: Quality of sign based on visual inspection. • Retroreflectivity: A measured value or visual assessment condition. • Maintenance activity: Type of maintenance last performed. • Inspection/maintenance date: Date when sign was last inspected/maintained. • Inspector: Name/initials of person who inspected/ maintained sign. • Comments: Supplementary notes about the sign.
ASSESSING RETROREFLECTIVITY In addition to maintaining an updated inventory, signs need to be regularly checked for proper retroreflectivity by the entities responsible for them. Except for those signs that the MUTCD specifically identified as exempt, one or more of the following assessment or management methods could be implemented: • Visual nighttime inspection: In this evaluation, a trained sign inspector conducts a visual assessment from a moving vehicle during nighttime hours to determine whether or not a sign has adequate retroreflectivity. • Retroreflectometer: Sign retroreflectivity can be measured using a device called a retroreflectometer; the numbers can then be compared to minimum required levels. • Expected sign life: When signs are installed, the installation date is labeled or recorded so that the age of a sign is known. The age of the sign can be compared to the expected sign life, which is determined based on the experience of sign retroreflectivity degradation in a geographic area.
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• Blanket replacement: In this method, all signs in an area/corridor, or of a given type, are replaced at specified intervals. This eliminates the need to assess retroreflectivity or track the life of individual signs. The replacement interval is based on the expected sign life, compared to the minimum levels, for the shortest-life material used on the affected signs. • Control signs: The use of control signs creates an “experimental” condition, whereby a small sample of signs from the field is monitored to determine retroreflectivity. All field signs represented by the control sample should be replaced before the retroreflectivity levels of the control sample reach the minimum levels.
STATE-TO-STATE VARIATIONS Though extensive in their scope, the new requirements allow for some flexibility, permitting states and agencies to choose the maintenance and replacement schedule that best fits their circumstances. States can alternately choose to adopt the national manual as-is as their standard, or have a state MUTCD/supplement that conforms substantially to it, approved by FHWA division offices. For example, a state can implement the national MUTCD along with a state supplement that might prescribe which of several allowable options are selected for the state’s specific purposes.
States can also use the national MUTCD as the basis for developing their own State Traffic Control Device manuals. Additionally, MUTCD compliance enforcement will depend on the local engineers state-to-state, who must certify every regulation as complying with the MUTCD. Enforcement could also vary on a state level, meaning that it is important that each entity work closely with its traffic engineers to insure they are meeting minimum requirements according to their locality. With the difficult financial dilemmas faced by public entities today, the additional requirement of a substantial inspection program for street sign improvements may seem impossible. But with early intervention and preparation, the weight of this obligation can be eased. Combining existing responsibilities, such as road inspections and street maintenance, with the new sign standards may be one way to do this in a cost-effective manner. Whatever method your entity determines to be the most appropriate for handling these additional requirements, awareness and advanced planning are key to facilitating a smooth transition and, ultimately, helping to ensure compliance. Dennis Molenaar is vice president of risk control for OneBeacon Government Risks, a member of the OneBeacon Insurance Group.
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Who’s In Charge of Communications During a Community Disaster?
WHO’S IN CHARGE OF
COMMUNICATIONS DURING A COMMUNITY DISASTER? A CASE STUDY ON THE CITY OF EAU CLAIRE, WIS.
By Dale Peters, MBA, ARM
Pandemics generate public fear and expectations that government will provide a response that is appropriate and professional. Critical to the success of this mission is how we coordinate and manage our information. This is especially true when responding to an unseen and deadly threat like an infectious disease.
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It was quickly decided that in order to effectively provide one consistent, accurate stream of information to the community, we would need to coordinate information by forming a joint information center (JIC) with our response partners that included two hospitals, several large medical clinics, public and private K-12 education, a public and private university, a technical school, local town and county and city governments.
In the spring of 2009, Eau Claire Wis., like many communities in the country, had a heightened concern about H1N1—a potential pandemic that threatened to shut down schools, governments and public gatherings, create panic and incapacity or possibly kill many of our citizens. This was a huge call to service for the local government of a city of 65,000 that serves as the medical and retail hub for northwest Wisconsin and includes a full-time college population of 15,000. As the concern mounted and the number of confirmed cases around the country increased, the director of our health department assumed the role of incident commander and activated our emergency plans utilizing the Incident Command System (ICS). A core component of this response plan is the management of public information, a critical function in managing a community’s response to an infectious outbreak like H1N1. It was quickly decided that in order to effectively provide one consistent, accurate stream of information to the community, we would need to coordinate information by forming a joint information center (JIC) with our response partners that included two hospitals, several large medical clinics, public and private K-12 education, a public and private university, a technical school, local town and county and city governments. But did it make sense to put key leaders in the same room when the issue at hand was the infectious, perhaps deadly disease—H1N1? If not, what were the options? Early in the process, before there were any confirmed cases of H1N1 in the area, we held a face-to-face meeting. Attending this meeting were the leaders (or corporate communication officers) from our response partners.
After introductions, we got down to the business of defining how we would manage the flow of information for all things H1N1related. We assigned passwords to a secure Web site that holds, manages and shares the ICS management and control of the event. We discussed and agreed on the type, format and timing of information that would be collected. However, and perhaps most importantly, at this initial meeting, everyone agreed that all H1N1 information impacting the Eau Claire area would be coordinated through one public information officer (PIO), a role taken on by the city’s office of risk management. The agreement was simple: No response partner would release H1N1 information independently and in return, the PIO would not release any information relating to one of the organizations without prior approval from the impacted response partner. Why select the city as the lead PIO and what was the benefit to this approach? Several of the response partners at the table are competitors in the market place. Using the city as a clearinghouse for all H1N1 information provided each organization the opportunity to set aside their competitive, market-oriented messages and work together for the benefit of the entire community. Our approach allowed each response partner to get their message out to the community in a coordinated, consistent, timely and accurate manner. Each response partner agreed to refer all media requests to the city’s risk management department. That’s not to say that a representative of a clinic, local government or educational institution would not talk to the media, it only meant that such interviews were coordinated using one consistent, factual source of information. Local media was informed of our plan and provided web links, contact phone numbers and 24-hour access to the lead PIO. Feedback from the local media was positive as they appreciated the ability to go to one source for information, background and access to interviews.
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Who’s In Charge of Communications During a Community Disaster?
As the days
developed by the lead PIO for the incident commander’s signature for distribution to our local partners.
progressed and the confirmed cases in the
Suggested items to include in a daily status report to your response partners • Overview statement on the current status. • Number of confirmed cases. • Number of suspected cases. • Listing of closed facilities. • Hospitalization and fatality statistics. • Projections of community impact. • Summary of current response efforts. • ICS operational period objectives. • Key contact information. • Copy of most recent press release. • Anticipated release time/date of next status report.
state crept closer and closer, it became clear there was a heightened need to clearly define the triggers for public and private site closures. Should a school close for a suspected case or a confirmed case? And who or what defines a suspected case? Shouldn’t the university and technical school use the same factors to cancel classes?
GETTING DOWN TO BUSINESS Then it was time to get to work. Our daily schedule included collecting status reports from each response partner and consolidating the information into one draft press release. This draft press release was reviewed, in real time, by the response partners using an Internet Web-based conferencing service. This eliminated the need for face-to-face meetings yet allowed for real-time consensus to be developed for the final press release. The result was fast, accurate information with little meeting time and no personal threat of infection among the group. As the days progressed and the confirmed cases in the state crept closer and closer, it became clear there was a heightened need to clearly define the triggers for public and private site closures. Should a school close for a suspected case or a confirmed case? And who or what defines a suspected case? Shouldn’t the university and technical school use the same factors to cancel classes? Since the participants in our JIC were key leaders of our response partner organizations, our daily conference calls quickly became more than just an opportunity to share PIO-related information. The conference calls provided the opportunity to develop communitywide response standards, a great relief to the administrators of similar yet independent operations.
INTERNAL COMMUNICATION IS AS CRITICAL AS THE EXTERNAL PRESS RELEASES Emergency management officials understand the critical need to coordinate information to the public. However, they frequently forget another, equally important group that needs accurate and timely information: the response partners. For H1N1, our response partners were a large and varied group. In order to keep them informed a daily status report was
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Response partners were also provided access to a closed, password-protected Web site allowing them to obtain current and accurate information concerning our Health Department’s management of the event. They had access to statistics, standards, projections, resources, on-line meeting schedules, contact information, ICS assignments and the operational objectives for each ICS function. Suggested Items to maintain in a shared, password protected Web site: • ICS organizational chart. • ICS incident status reports. • All press releases. • Operational objectives for each branch for each operational period. • Resource lists. • ICS job descriptions. If you are interested in forming a local PIO group, consider inviting the following organizations: • Primary education—public and private. • Higher education—public, private, university and tech schools. • Hospitals. • Large clinics. • Utilities—gas, electric, water, sewer, cable. • Major industries—particularly those with hazardous materials or large employee populations. This group perhaps only needs to meet once a year to: • Update contact information. • Participate in an exercise. • Receive training. • Develop or review emergency communication plans. • Meet with local media outlets to dialog on how to best share information during different types of emergencies.
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CALENDAR OF EVENTS The Public Risk Management Association (PRIMA) hosts or sponsors a wide variety of educational programs for public risk practitioners. These meetings and events provide an optimum forum for public risk professionals to acquire new knowledge or skills, exchange ideas and expand peer networks. PRIMA’s calendar of events is current at time of publication. For the most up-to-date schedule, visit www.primacentral.org.
WEBINARS 2011
When activating a PIO function, the City of Eau Claire used the following organizational chart, with associated job descriptions, in an attempt to cover all the bases.
March 23 Intricacies of 1983 Civil Rights Claims
Incident Command
April 13 A Recipe for Risk Management
Lead PIO
July 20 Managing Volunteer Risks October 19 Risk Management Alphabet Soup
JIC
Monitor & Development
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November 16 Winning Strategies for Contractual Risk Transfer
Operational Support
Liaison
PRIMA ANNUAL CONFERENCES
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January 26 MMSEA Section 111 Reporting & Medicare Conditional Payments: Understanding the Differences & Keeping It All Straight
June 5–8, 2011 PRIMA 2011 Annual Conference Portland, OR Portland Convention Center June 3–6, 2012 PRIMA 2012 Annual Conference Nashville, TN Opryland Hotel June 2–5, 2013 PRIMA 2013 Annual Conference Tampa, FL Tampa Convention Center June 8–11, 2014 PRIMA 2014 Annual Conference Long Beach, CA Long Beach Convention & Entertainment Center
JANUARY 2011 | PUBLIC RISK
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Who’s In Charge of Communications During a Community Disaster?
Unlike a fire, flood or windstorm that has a defined geographic area of damage and impact, a pandemic like H1N1 knows no boundaries.
WHY DID THIS WORK SO WELL FOR OUR COMMUNITY? Planning, practice, training and trust! • Planning Long before H1H1 came along, our city/county health department took a leadership role in establishing a full emergency response plan, which included a detailed—yet simple and practical—risk communication plan. • Practice The health department regularly refines their plan with tabletop discussions and functional mass immunization exercises. • Training The city has hosted emergency management PIO training for the community that has been well-attended by the PIOs from our larger businesses, government units, medical organizations and educational facilities. At these trainings, we get to know each other, our various skills and available resources, which leads to the final, key element, trust. • Trust If the PIOs from each of the dozen or more organizations that participated in our H1N1 response did not trust
each other or the process, our coordinated and unified efforts would not have worked or been successful. Bottom line: Each response is different and the methods used may vary. Get to know the PIOs from the larger public and private employers in your community. If you know each other, understand the skills and resources each can bring to the table and trust each other to work in the best interest of the community, the combined resources to help the community through a crisis will be greatly enhanced. Unlike a fire, flood or windstorm that has a defined geographic area of damage and impact, a pandemic like H1N1 knows no boundaries. Consequently, fear of the unknown, rumors and misinformation can significantly hamper the ability of emergency management personnel to assist the community with the spread of disease. Providing a community-wide, coordinated response not only increased our community’s confidence that their public officials were adequately responding to the H1N1 threat; it significantly improved the quality of our response. Dale Peters, MBA, ARM, is the assistant city manager and director of human resources, risk management, purchasing and information services for the city of Eau Claire, Wis.
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Sexual Assault on Campus
SEXUAL ASSAULT ON CAMPUS:
THE PUBLIC RISK MANAGEMENT CHALLENGE By Joseph G. Jarret, Esq.
For generations, college campuses were presumed to be safe environments where students could pursue their educations in a world void of the violence so prevalent in regular society. Unfortunately, many college campuses are not the safe havens they are purported to be. In fact, due to the prevalence of sexual assaults on college campuses, our institutions of higher learning have been directed by the federal government to provide programming aimed at educating students about the dangers and prevalence of sexual assault. Due to the failure of many colleges to comply with mandatory self-reporting, it is up to the public risk manager to not only insure compliance with these laws, but to educate students on how to avoid becoming victims of sexual assault. Needless to say, the risk manager’s presence in the sexual assault prevention equation does not reduce incidents of student sexual assault to merely another risk to be avoided or transferred. Rather, it is a role that requires a proactive approach to the education of students, faculty and the administration, tracking the frequency and severity of campus assaults, while coordinating with law enforcement and social service/counseling entities in an effort to minimize the dangers to which students can be exposed.
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FEDERAL LAW As alluded to above, the federal government deemed it necessary to compel colleges across the land to address the issue of campus sexual assault. In so doing, Congress enacted the Jeanne Clery Act (Campus Security Act of 1990) requiring all colleges in the U.S. to publish programs and services available to students pertaining to sexual assault.1 The act also requires colleges to outline policies about responding to sexual assault on campus, as well as requiring the publication of crime statistics on campus. Congress likewise enacted the Campus Sexual Assault Victims’ Bill of Rights in 1992 as a part of the Higher Education Amendments of 1992. This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. It also requires the school to notify victims of their option to report their assault to the proper law enforcement authorities.2
PREVENTION EDUCATION
Statistics tell us that merely 5 percent of women who are victims of sexual assault report such attacks. The number of men, (yes, men can be and are victims of sexual assault) who report such attacks is even smaller. Because the reporting of a sexual assault is the responsibility of the individual, students who are not trained in how to prevent and report such attacks only add to the challenges facing the risk manager in reducing the frequency and severity of such crimes. The risk manager must insure the campus for which she or he is responsible has a cogent, mandatory training program that provides ongoing education about sexual assaults and prevention through new student orientation programs that take place during each fall and spring semester, and through regularly scheduled educational programming. Such programs should alert students to the possible dangers they could face. For instance, students who find it necessary to travel across campus alone and at night should be encouraged to: • Be alert to their surroundings and the people around them—especially when they are alone at night. • When possible, travel with a friend. • Try to stay in well-lit areas as much as possible. • Walk confidently, directly and at a steady pace. Do not appear vulnerable. • Walk on the side of the street facing traffic. • Walk close to the curb—avoid doorways, bushes, or alleys. • If you think you are being followed, walk quickly to areas where there are lights and other people. • If you are in danger, scream, yell, run, break a window, etc. to draw attention to your situation. • Travel in pairs or groups. When going to parties, develop a plan to make sure that all members of the group are watching out for each other’s safety.
• Make sure at least one member of the pair or group maintains sobriety; consider this person the “designated driver” for the evening. • Call on each other to intervene as a group in dangerous situations, either before or while they are occurring. For example, if a friend is invited to a party by people he or she doesn’t know well, make sure he or she brings a friend. And if you observe a friend in a situation that feels risky, grab another friend and intervene. Remember, there is strength in numbers. • Be willing to take the risk of having your friend, and possibly others, be angry at you for intervening in a situation you feel is dangerous. Ultimately, you may be choosing between coping with angry or embarrassed feelings and failing to prevent a friend from being assaulted. • If security escorts are available on your campus, use the service. Although sexual assaults can happen to both genders and at any time, studies indicate that female first-year students are at the highest risk for sexual assault between the first day of school and the Thanksgiving break. This period is sometimes called the “Red Zone” in sexual assault prevention work. Many students are away from home for the first time and unaccustomed to making personal decisions without the support of family or trusted friends, and some may be experimenting with sexual activity for the first time. Many students are likewise exposed to alcohol and controlled substances for the first time. This is a troubling scenario, due in part to the fact that a majority of sexual assaults involving college students also involve drugs or alcohol. Advocates say this is one reason the prevalence rate of assaults continues to be high, and also partly why so few are ever successfully prosecuted. For many, new friends and support systems may not yet be established, leaving them more vulnerable than usual and as such, considered easy targets by sexual predators. This fact is often aggravated by the availability of alcohol and controlled substances both on and off campus. Further, approximately 90 percent of sexual assault victims know their offenders prior to the assault, and, in many cases, the assault occurs in a “safe” space such as a dorm room or an apartment.3
Although sexual assaults can happen to both genders and at any time, studies indicate that female first-year students are at the highest risk for sexual assault between the first day of school and the Thanksgiving break. This period is sometimes called the “Red Zone” in sexual assault prevention work.
STUDENT RIGHTS Along with having the right to be made aware of sexual assault statistics, students have the right to: • Have sexual assaults investigated by civil and criminal authorities. • Be free from pressure to not report these crimes or report them as lesser offenses. • Have the same representation and ability to have others present in campus proceedings as campus authorities permit the accused.
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Sexual Assault on Campus
• Have cooperation in obtaining medical evidence. • Be informed of any federal or state laws to test sexual assault suspects for communicable diseases. • Have access to existing campus mental health and victim support services. • Be provided housing which guarantees no unwanted contact with alleged sexual assault perpetrators. • Live in campus housing free of sexually intimidating circumstances with the option of moving to another location.
Sexual assault is a pariah that destroys both the body and spirit of its victims. The risk manager can play a key role in reducing the frequency and severity of assaults against students by insuring that a viable education program is in place that teaches both preventative measures and post-assault options to victims.
POST-ASSAULT PROCEDURES Despite the presence of the most diligent of risk managers and the existence of a viable student education program, sexual assaults continue to occur. Victims of such assaults should be encouraged to get to a safe place and seeking immediate medical treatment. Further, they should be encouraged to report incidents of sexual assault or attempted sexual assault immediately to the campus police department or local law enforcement. Victims should have ready access to various confidential counseling agencies that employ professional staffers who are specifically trained in the area of sexual offenses and crisis intervention as well support groups for sexual assault survivors, parents, and others affected by sexual violence. A confidential 24-hour sexual assault crisis hotline should be established to report sexual assault to law enforcement and/or seek medical treatment for a recent sexual assault.
CAMPUS DISCIPLINARY PROCEDURES There are circumstances where a student victim does not wish to address a sexual assault through the formal criminal justice system or via a civil lawsuit. Many students turn to their institution’s disciplinary procedures. The risk manager should insure that such policies and procedures are codified, distributed and readily available to students, and contain a policy statement regarding the institution’s campus sexual assault programs to prevent sex offenses and procedures to follow when a sex offense occurs. The statement must include: (i) A description of educational programs to promote the awareness of rape, acquaintance rape and other forcible and non-forcible sex offenses; (ii) Procedures students should follow if a sex offense occurs, including procedures concerning who should be contacted, the importance of preserving evidence for the proof of a criminal offense and to whom the alleged offense should be reported; (iii) Information on a student’s option to notify appropriate law enforcement authorities, including on-campus and local police and a statement that institutional personnel will assist the student in notifying these authorities, if the student requests the assistance of these personnel; (iv) Notification to students of existing on- and off-campus
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counseling, mental health or other student services for victims of sex offenses; (v) Notification to students that the institution will change a victim’s academic and living situations after an alleged sex offense and of the options for those changes, if those changes are requested by the victim and are reasonably available; (vi) Procedures for campus disciplinary action in cases of an alleged sex offense, including a clear statement that the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.4 Sexual assault is a pariah that destroys both the body and spirit of its victims. The risk manager can play a key role in reducing the frequency and severity of assaults against students by insuring that a viable education program is in place that teaches both preventative measures and post-assault options to victims. Further, risk managers should ensure that their institution’s policies and procedures comport with both federal and state laws enacted to protect victims as well as developing solid working relationships with the administration, campus and local law enforcement and social services agencies. Sexual assault is a risk that transcends far beyond dollars and cents and should be addressed aggressively to protect some of the more vulnerable members of our society. Joseph G. Jarret is the Knox County, Tenn., law director, a federal and state mediator and former public risk manager.
END NOTES: 1. Beginning for the first time in the fall of 2010, new federal guidelines require colleges and universities with on-campus student housing enact policies and procedures to handle reports of missing students. The intent of the new requirement is to minimize delays and confusion during an initial investigation. 2. Research conducted by the U.S. Department of Justice, Institute for Justice revealed that compliance with mandatory federal reporting laws are wanting in many jurisdictions, subjecting the offending entities to stiff penalties and fines. 3. Id. Of the estimated 100,000 sexual assaults reported in the United States each year, about 62 percent were “drug-facilitated” and 5 percent of victims were given date-rape drugs. 4. Compliance with this paragraph does not constitute a violation of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g).
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ADVERTISER INDEX Carl Warren & Company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 14 CSRM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 9 Genesis Underwriting Management Company.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 15 Midlands Management Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 5 Munich Reinsurance America. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover States Self-Insurers Risk Retention Group, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Back Cover Travelers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outside Back Cover
Has your entity launched a successful program? An innovative solution to a common problem? A money-saving idea that kept a program underbudget? Each month, Public Risk features articles from practitioners like you. Share your successes with your colleagues by writing for Public Risk magazine! For more information, or to submit an article, contact Jennifer Ackerman at jackerman@primacentral.org or 703.253.1267.
Blazing the Trails of Risk PRIMA 2011 ANNUAL CONFERENCE June 5–8, 2011 Portland, OR | Portland Convention Center www.primacentral.org Registration opens January 18!
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PRIMA Spotlight
PRIMA ENDORSES BEST PRACTICES FOR 9-1-1 CALL CENTERS PROMOTED BY THE NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN
T
he Public Risk Management Association (PRIMA) has announced a partnership with the National Center for Missing and Exploited Children (NCMEC) to endorse its 9-1-1 Call Center Partner Program, which recognizes agencies that adopt best practices for handling 9-1-1 calls involving missing and/or sexually exploited children. To promote the adoption of these best practices, PRIMA has agreed to endorse the ANSI standard 1.101.2-2010 with the hope of increasing its adoption by public entities throughout the United States. “By endorsing this program, PRIMA is recognizing the link between the success of a program to increase child safety and a reduction in risk to public entities that operate 9-1-1 centers,” said Lisa Lopinsky, CAE, PRIMA executive director. “A partnership with NCMEC was an obvious choice because many of our members operate 9-1-1 centers and the extensive work NCMEC has done establishing this standard will benefit those entities; as well as to increase the likelihood of a positive outcome when a child is in danger. Our goal is to help NCMEC garner more participation in this important program.” Every 9-1-1 call center must have in place policies and training to help ensure every missing and sexually
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exploited child is given the best chance to be found alive and unharmed. As part of this partnership, PRIMA will work to educate its members on how to become a NCMEC 9-1-1 Call Center Partner in order to obtain the skills and resources needed to respond to calls about missing and/or exploited children. PRIMA will hold a post-conference session at its Annual Conference in Portland, Ore., titled Role of Public Sector Risk Managers in Child Protection. Presenter Peter Bellmio, senior policy advisor, Office of the President for NCMEC will provide public sector risk managers with a detailed review of the standard, as well as training and technical assistance available at no cost from NCMEC. The four-hour workshop will address the nature of the problem, NCMEC operations and resources and the role risk managers can play to ensure their entities have the tools necessary to increase the likelihood of a positive outcome when a child is in danger. This post-conference session is free to all registered conference attendees, but pre-registration is required. For more information on the 9-1-1 Call Center Partner Program, visit www.missingkids.com/911.
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