Red Flags Waving Current Risks in Independent Schools

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

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

In short… (insert lindsey graham photo)

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

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

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

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

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

Operations

Employment Issues Wage & Hour Regulations 67. 78% of schools this will be a problem 22% - non-faculty employees currently exempt would not meet the $50 k level On-Hold HR Trends – Increased regulation by feds and state. Most compliance challenges. Heads’ contracts & relationships Training of Supervisors / Updating HR

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

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

Students

Kinds of Mental Health & Well. Being Issues Reported

Learning Disabilities

Performance Enhancement?

Time Spent on Homework – Independent School Health Check

Sleep: Hours Per Night

Academic Pressure

Sleep & Suicidal Thoughts Independent School Health Check Sleep No Suicidal Thoughts < Than 5 Hours 76. 3% 23. 7% 5 -6 Hours 85. 2% 14. 8% 6 -7 Hours 90% 10% 7 -8 Hours 92. 7% 7. 3% Ø 8 Hours 92. 3% 7. 7%

Drinking Behavior 9 -12 - Independent School Health Check 80. 0% 60. 0% 40. 0% 20. 0% non-drinker problem drinker

Binge Drinking: Risk Behaviors Independent School Health Check 100. 0% 80. 0% 60. 0% 40. 0% 20. 0% cheat intercourse oral sex marijuana 0 times 1 -2 times 3 -5 times 6+ times DUI

Parental Permission and Binging Independent School Health Check Parental Permisson and Binging Frequency 70. 0% 60. 0% 50. 0% 40. 0% 30. 0% 20. 0% 10. 0% drink at home no permission friends drink in home drink outside home 1 -2 times 3 -5 times 6+ times

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

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

Bullying, by Gender Independent School Health Check

Forced Sexual Intercourse, by Gender Independent School Health Check

Student Sexual Activity 24. 2% 9 th – 12 th Graders have had sex Note on sexting

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

Nonconsensual Sex by Age of First Intercourse

Student Abuse

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

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

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.

Types and Costs of General Liability Claims

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

Questions.