Teachable Moments, Bullying Laws and Escalating Liabilities – Part 2
Posted In Incident Reporting, Risk Management, School Safety on February 17th, 2012 Tags: bullying law, bullying lawsuit, bullying prevention, Bullying Reporting, Emerson Board of Education, New Jersey Anti-Bullying, OCR Bullying, TIPS bullying
If you missed part one of this blog, please click here for teachable moments and bullying laws…
Now that you have reviewed Part 1, my other concern with this story involves communities and their taxpayers. Is the complaint by school administrators and this vote by the Council on Local Mandates putting communities and taxpayers in a more vulnerable situation with even more liabilities and costs?
Do these school administrators know what happens when a school does not take appropriate actions by equipping everyone to report incidents, investigating all reports, intervening, preventing a hostile environment and documenting their actions? Are the Council on Local Mandates and the school administrators for the school districts in Bergen County aware of multiple OCR Dear Colleague Letters that were sent to all schools?
All school administrators could benefit from takking a few minutes to review an Executive Briefing on the Federal Investigation of a school district in California that did not follow OCR Dear Colleague Letter mandates, click here to request your copy.
I also wonder if these school administrators realize that a New Jersey school district within the same Bergen County (Emerson Board of Education) recently paid $130,000 in a settlement of a lawsuit because the school failed to take appropriate actions to intervene and prevent bullying targeted at a student? The NJ Attorney General said this about the school:
“There is sufficient evidence to support a reasonable suspicion that these incidents of bullying were either ignored or improperly handled by Respondent.”
And I wonder if NJ school administrators are aware there are two more similar lawsuits pending against New Jersey school districts in which students claimed administrators ignored their reports of bullying?
As I mentioned in Part 1, I am passionate about student safety and because of my passion I bring attention to these stories to help school administrators take actions before it’s too late for even one at-risk student. I like sharing successes from other school leaders who are reforming status quo, reducing costs and improving student safety and I was honored to receive the Risk Innovator Award for Education from Risk & Insurance Magazine and the Responsibility Leader Award too.
Give me a call at 402.730.0090 as I am confident we can help you too!
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Teachable Moments and Anti-Bullying Laws – Part One
Posted In Incident Reporting, Risk Management, School Safety on February 12th, 2012 Tags: anti-bullying bill of rights, bullying investigation, bullying lawsuit, bullying prevention, Bullying Reporting, council on local mandates, new jersey bullying, School Safety, student safety
A recent news story involving the NJ Anti-Bullying Bill of Rights, the Council on Local Mandates and a school district in Warren County in New Jersey caught my attention. After reviewing related articles, are New Jersey school administrators missing out on a significant teachable opportunity?
The Council on Local Mandates voted 7-2 that the New Jersey state law regarding anti-bullying must be amended because it includes an unfunded mandate for local school districts. Is this really the message school administrators want to send to their students about doing the right thing? Are these school leaders saying student safety and anti-bullying issues are not going to be addressed unless they get more funding?
The school district said that it would cost them $6,000 to train educators – with more costs in the future. Apparently the administration of this school district would be using status quo training approaches, because $6,000 is very expensive. Status quo mass training approaches are clearly not helping school administrators prevent bullying, as alarming incidents continue to mount around the globe.
In another related article, school administrators said the law is creating more paperwork, investigations and meetings.
http://www.northjersey.com/news/137252293_2_districts_fighting_bully_law.html?c=y&page=1
The NJ Anti-Bullying law does not create more paperwork, more investigations or more meetings…the status quo approaches do. The NJ law provides school leaders with guidance and a blueprint they can use to prevent bullying and related consequences more effectively.
Unfortunately, these NJ school administrators missed a great opportunity to use the new anti-bullying law to create teachable moment in innovation and entrepreneurship. For example, wouldn’t it make more sense for school administrators to gather ideas for reforming expensive, status quo, labor-intensive, paper-based and ineffective 20th century approaches? Or school administrators could have explored success stories from innovative school leaders that could help reduce costs and equip their school to prevent bullying?
I have always been very passionate about student safety, and without a “funded mandate” we began studying failures and lessons learned, and then began developing tools to eliminate those gaps and disconnects that were showing up in schools over and over and over. I am proud to say we are helping schools save lives, save money, save time, save reputations and save resources and we did it without a “funded mandate”.
We also compiled the results of our research so we can share our findings with school administrators that do not have the time and resources to do their own research. If you would to review one of our executive briefings from our research, click here.
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Lessons Learned from Joe Paterno and Penn State
Posted In Campus Safety, Incident Reporting, Legal, Risk Management, School Safety on January 23rd, 2012 Tags: Incident Reporting, joe paterno, Penn State
With the recent passing of football coach, Joe Paterno, Joe he can now rest in peace knowing he touched the lives of many as a coach at Penn State for 62 of his 85 years on this planet.
The horrific scandal at Penn State University will no doubt have an effect on the legacy of JoePa (his nickname suggesting his fatherly quality to his players and students too), some will judge JoePa based on what they know and others will judge JoePa based on what they don’t know.
For me, I would like to take this opportunity to recognize Joe Paterno for his foresight and humility to do an interview with the Washington Post before he passed away. You see this interview could and should become one of the most valuable lessons learned for college leaders and organizational leaders around the world. JoePa shared how he felt inadequate to handle the situation that was brought to his attention:
“I didn’t know exactly how to handle it and I was afraid to do something that might jeopardize what the university procedure was,” Paterno told the Washington Post in an interview published Saturday. “So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did. It didn’t work out that way.”
“I called my superiors and I said, ‘hey, we got a problem I think. Would you guys look into it? Because I didn’t know, you know … I had never had to deal with something like that. And I didn’t feel adequate,”
http://www.cnn.com/2012/01/14/us/pennsylvania-paterno-interview/?hpt=us_c1
So what lessons learned did Joe Paterno’s interview provide?
First, if Joe Paterno worked at a college over 60 years and was not clear on university procedures and felt inadequate to do the right thing…how many people in your organization feel inadequate? Have you equipped everyone to do the right thing? This is a significant lesson learned that exposes how 20th century tools (binders, handbooks, annual training, intranets, etc.) can leave your people feeling inadequate and ill-equipped to do right thing as 21st century challenges, risks and situations are changing continuously and the consequences of not doing the right thing can be devastating.
Second, Joe Paterno also revealed in an interview: “In hindsight, I wish I had done more.”
College leaders, school leaders and organizational leaders must take immediate and proactive steps to equip their people with 21st century tools to ensure no one feels inadequate, but is equipped to take appropriate actions. No one wants the burden of wishing they had done more when it comes to helping a child, a friend, an employee or anyone in their community.
Click here to learn more about proven and award-winning 21st century tools.
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Alibis Don’t Save Lives or Prevent Bullying
Posted In Legal, Risk Management, School Safety on November 15th, 2011 Tags: Anti-Bullying, bullying prevention, New Jersey Bill of Rights, New Jersey Coalition for Bullying, Richard Bozza, Stuart Green
When it comes to anti-bullying efforts, most seem to be in agreement that we need to do something about bullying. It is everyone’s moral obligation to lookout for the safety of students and do the right thing. However, in New Jersey, there is a debate on new legislation and school requirements.
On November 1, 2011, the Executive Director at New Jersey Association of School Administrators, Mr. Richard Bozza, submitted an ‘Opinion’ piece discussing the New Jersey Anti-Bullying Bill of Rights that started by saying, “THERE’S NO question about it. We need to do something about bullying.”
Mr. Bozza’s opinion also stated the unfunded mandate requires schools to meet a long list of requirements. Mr. Bozza’s opinion referenced several concerns with implementing the law including an 18-page compliance checklist, paperwork, reviews and legal expenses.
On November 8, 2011, Mr. Stuart Green from the New Jersey Coalition for Bullying submitted his counter ‘Opinion’ saying. “Addressing bullying is not a matter of money. It is a moral obligation.”
WE NEED TO DO SOMETHING ABOUT BULLYING…SO WHAT IS THE SOLUTION?
The solution begins with equipping everyone with the right tools they need to prevent bullying. Schools need innovative tools and platforms that replace inefficient, ineffective and expensive status quo approaches that Mr. Bozza describes.
For example, traditional training approaches are expensive and time consuming. However, innovative web-based tools cost MANY TIMES LESS than the expenses schools are incurring with paper handouts, trainers, facilities, overtime and lost productivity costs.
Yes, paperwork costs are expensive, so why are schools creating more paperwork these days?? Innovative platforms eliminate paperwork and improve efficiencies and improve results.
Yes, legal fees are expensive, but anti-bullying policies are needed with or without the law, so WHY wouldn’t the New Jersey Association of School Administrators provide templates with customization guidance to their members??
Delays from scheduled school vacations, staff vacations and police involvement…once again the status quo approaches Mr. Bozza refers to are inefficient, ineffective and expensive. Innovative tools empower School Safety Team members to securely login from anywhere and review incidents as needed without delays. Innovative tools enable School Safety Teams to easily document actions, investigations, prevention efforts, follow up efforts and review previous incidents saving tremendous amounts of time, resources and money compared to traditional approaches.
The steps in the 18-page checklist Mr. Bozza mentions should already be taking place in schools, however an innovative platform of tools can equip school personnel to save time, money and resources.
The bottom line is that schools are spending too much time, resources and money on traditional approaches that lessons learned clearly show are not working. Schools can both reduce their costs and “do something about bullying”. I expect more from leaders, because alibis do not save lives…or money.
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Campus Disconnects – A Lack of Reporting in Higher Education
Posted In Campus Safety, Incident Reporting, Risk Management, School Safety on November 10th, 2011 Tags: behavioral intervention teams, campus threat assessment, Clery Act, Ernesto Bustamante, Incident Reporting, Penn State, University of Idaho
Two high profile incidents this week revealed that despite updates to the Clery Act and Title IX requirements, campuses continue to struggle to proactively identify warning signs and red flags and gather information and reports from their people (students, staff, faculty, law enforcement, counselors, etc.).
Penn State – Lawmakers are investigating whether Penn State violated the Clery Act when it did not report child sexual abuse allegations regarding a former football coach to the proper authorities. Several coaches were aware of the allegations, but did not report to the police.
University of Idaho - University of Idaho officials say at least one police officer knew of alleged gun threats against a graduate student before she was shot and killed by a professor she had been dating. The student had complained to the university in June that professor Ernesto Bustamante had threatened her with a firearm three separate times during the relationship.
It is critical for institutions to connect the dots across all individuals and threat team members (students, staff, faculty, counselors, law enforcement, parents, etc.) ongoing and ensure that all threats, risks, warning signs, etc. are reported to the appropriate personnel and investigated thoroughly to determine the appropriate level of response. Too many times, we see after the fact the warning flags and reports that existed, but that were not connected.
Comprehensive threat assessment and behavioral intervention programs need to extend across the entire campus community (faculty and staff, as well as students). If TAT/BIT teams can be notified immediately at the first sign of violence, aggression, threat, etc., and have the tools necessary to connect the dots across campuses, locations, departments, etc., many of these tragedies may be able to be prevented.
I think one of the biggest challenges that may have been a factor in each of these incidents is a lack of clear procedure and policy on reporting incidents. Higher education institutions must clearly define individual responsibilities for reporting illegal activities, suspicious behaviors, red flags, threats, etc. and ensure that all individuals involved understand their roles and requirements (and the consequences for a failure to report).
To learn more about how your institution can help your campus community come together and develop a culture of prevention, please click here.
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Patching User Risks in the 21st Century
Posted In Risk Management on August 9th, 2011
I saw a discussion last week that was asking for input on ways to reduce employee risk. Most of the responses offered a technology solution…which is interesting considering most studies and trends show employee risks and weaknesses are getting worse and more alarming even though organizations have spent thousands, millions and billions on technology solutions. Does this seem weird to you?
One of the responses from one of the participants caught my attention when they said “it is difficult to patch a user”.
Interesting comment and I responded by saying it is NOT THAT DIFFICULT to patch users/employees….IF you are using the right resources.
For example, you wouldn’t get very good results trying to watch HDTV (21st century) on a black and white analog TV (20th century). Like the TV analogy, organizations are not getting good results trying to “patch their users” using 20th century resources.
Organizations can “patch and validate” a user’s awareness, ensure a user’s accountability and help user’s with adaptability…but this cannot be accomplished using 20th century user solutions like binders, intranets, shared drives, memos, e-mails, spreadsheets, once-a-year general training, etc.
Numerous studies involving hundreds and hundreds of lessons learned and incidents clearly reveal that 20th century user approaches are inefficient and ineffective, period.
As a matter of fact, most organizations are wasting lots of time, lots of money and lots of valuable resources trying to make these old 20th century resources address user/employee risks.
Did you know proven 21st century resources actually exist for “patching users” with situational awareness, accountability, adaptability, measurability, auditability and more?
With the right user/employee focused resources, organizations can help and ensure all appropriate users understand why, how, when, what, what happens if I do, etc. Organizations can also reduce their costs, improve their results and ensure adaptability in a continuously changing world.
Attention all organizational leaders…this is a lesson learned and a valuable tip you should look into!
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Consumer Awareness/Education…Potential Competitive Advantage for Banks?
Posted In Financial, Human Resources, Information Privacy, Information Security, Regulatory Compliance, Risk Management, Validations on May 3rd, 2011 Tags: consumer awareness training, Phishing, Security Awareness, spear phishing
Recent attacks continue to show that spear phishing is quickly emerging as one of the society’s greatest threats. Technology alone is NOT going to solve this problem. It is critical for consumers to be more vigilant and aware of what they are clicking on, sites they are visiting, e-mails they are responding to, etc.
Lessons Learned: Financial insitutions should make consumer education a higher priority. Awareness training, handouts, seminars, etc. can be a great way for organizations to connect with their customers, improve trust, enhance reputations and help prevent potential incidents, breaches, lawsuits, etc. down the road. Security awareness training and education can become a competitive advantage for those institutions willing to lead the way.
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AML Fine Sends a Message to Banks
Posted In Financial, Regulatory Compliance, Risk Management on May 3rd, 2011 Tags: AML, Bank Secrecy Act, bank security, Pacific National
Miami-based Pacific National was fined a $7 million penalty for violations to the Bank Secrecy and USA Patriot acts.
Lessons Learned: Fines for gaps in AML practices are becoming more severe. Financial organizations must ensure they have the appropriate policies and procedures in place and ensure their people are aware and accountable for their decisions to meet ongoing compliance requirements. Organizations also need legal-ready and audit-ready documentation to avoid expensive fines, lawsuits, and embarrassing headlines.
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Va. Tech Gets Max $55K Fine for Late Warning
Posted In Campus Safety, Emergency Management, Incident Reporting, Legal, Regulatory Compliance, Risk Management, School Safety on April 19th, 2011 Tags: Clery Act, Clery Act Violation, Virginia Tech
Virginia Tech was fined the maximum fine allowed under the Clery Act of $55,000 for waiting almost two hours before warning students, faculty and staff of an active shooter on campus.
Lessons Learned: Colleges and Universities must develop, implement and follow clearly defined policies and procedures for notifying students and staff in emergency situations. School Administrators may want to create customizable, organizational and situational specific templates prior to an incident so the warning messages are already defined and the appropriate processes are understood by all appropriate personnel. Organizations must also have customized emergency and crisis management plans and ensure all individuals (students, faculty, staff, administration, law enforcement, etc.) understand their roles and responsibilities before, during and after an incident occurs. Lastly, lessons learned clearly teach schools that proactive and prepared prevention efforts are much less expensive than the incidents, fines, lawsuits and reputational damages.
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Dept. of Education Releases Handbook to Help Higher-Ed Campuses Meet Safety Reporting Standards
Posted In Campus Safety, Emergency Management, Incident Reporting, Legal, Regulatory Compliance, Risk Management, School Safety on April 19th, 2011 Tags: Clery Act, FERPA, Handbook for Campus Safety and Security Reporting, HIPAA, OCR "Dear Colleague" Letter, School Safety
The U.S. Department of Education released the Handbook for Campus Safety and Security Reporting providing step-by-step procedures, examples, and references for higher education institutions to follow in meeting campus safety and security requirements.
Lessons Learned: College and University administrators are overwhelmed with responsibilities for HEOA, FERPA, HIPAA, Clery Act, OCR ‘Dear Colleague’ Letters, and much more and therefore guidance from the Federal Government can be helpful. It is critical for School Administrators to utilize resources and develop comprehensive campus safety programs and create a culture of compliance and preparedness that is ongoing. Traditional methodologies are clearly not working based on new handbooks, new regulations and mounting obligations and traditional tools are not capable of keeping up with all the new changes, so School Administrators must be open to new tools and new ideas to ensure better safety in schools.
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