WARNING!WARNING!

DANGER!!DANGER!!

DANGER!!DANGER!!NOT – Legal Advice

NOT – Exhaustive

NOT – To replace your campuses due diligence

NOT – A one size fits all solution

GOALSGOALSOverview – Best “Recommended” Practices

Review the “Standard of Care” Pendulum

Taste of the varied solutions and approaches

Credits

See Links in Blog

Paper Clip Communications “Heeding Virginia Tech’s Lessons”

“Campus Technology” – August 2007

“Report of the Virginia Tech Review Panel” – August 2007

Duty to Warn

The Blog of Tim Keefehttp://

timk.blogs.plymouth.edu/

Duty to Warn

Do we really have a duty?

What is a “duty”?

Duty to Warn

A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn

the other of a hazard and failed to do so.

Tarasoff vs. Regents of the University of

California (1974)

Tarasoff

Established the duty to Established the duty to warn the potential victimwarn the potential victim

Duty vs. Responsibility vs.

ethical obligation…..

Vs. ExpectationOf students, parents, staff, community and the media

Duty vs. Responsibility vs. ethical obligation…..

Proposed Legislation

If we don’t , who will??

Higher Education Act Reauthorization

Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in any program under title IV (Student Assistance) to include information concerning its law enforcement emergency response program and the occurrence of campus law enforcement emergencies in the annual campus security report.

Higher Ed. Act Reauthor.

Requires such an IHE to: (1) test annually its law enforcement

emergency response program; and (2) inform those on campus of any school law enforcement emergency within 30 minutes of discovering it.

Clery,

“CLEARLY”,

NOW!!!!

Departure from Timely Reporting –

For Clery we usually wait for reasonable number of

facts before posting

For Clery,

“…..should be issued as soon as pertinent

information is available”

For Clery

"in a manner that is timely and will aid in

the prevention of similar crimes."

For Clery

New Definition?

“What you know, When you know it”

The Requirement post VT?:

"in a manner that is immediate and will aid in the prevention of

further injury/damage” (TCK)

Virginia TechVirginia Tech

18,266 who signed up for VT Alerts 18,266 who signed up for VT Alerts (60%)(60%)

87 percent are students 87 percent are students 8 percent are faculty and 11 percent 8 percent are faculty and 11 percent

are staff are staff Approximately 43 percent opted to Approximately 43 percent opted to

receive messages using one methodreceive messages using one method 30 percent selected two methods 30 percent selected two methods and 26 percent signed up for the and 26 percent signed up for the

maximum of three delivery methods maximum of three delivery methods

Virginia TechVirginia Tech text message - most widely selection text message - most widely selection

option of delivery; selected by 77 option of delivery; selected by 77 percent percent

voice message to a mobile telephone is voice message to a mobile telephone is next at 34 percent, next at 34 percent,

instant message (31 percent),instant message (31 percent), non Virginia Tech e-mail (15 percent), non Virginia Tech e-mail (15 percent), voice mail to a home phone (10 voice mail to a home phone (10

percent),percent), voice mail to an “other” phone (7 voice mail to an “other” phone (7

percent), percent), voice mail to an office phone (6 voice mail to an office phone (6

percent). percent).

Virginia TechVirginia Tech Other communications tools:Other communications tools: University homepage University homepage Virginia Tech News homepageVirginia Tech News homepage Broadcast e-mail alertsBroadcast e-mail alerts Broadcast voice-mail messagesBroadcast voice-mail messages Recorded hotline (540-231-6668) Recorded hotline (540-231-6668) University switchboard University switchboard Public media outlets, used to Public media outlets, used to

convey urgent messagesconvey urgent messages..

Wednesday, October 10, 2007Virginia Tech Reports 13% of Campus Confirms Receiving Emergency Alert After 2 Hours, 13% percent of Recipients

Confirm Receipt of Test BLACKSBURG, Va., --[EMERGENCY

NOTIFICATION NEWS]-- October 11, 2007 -- Shortly after 11 a.m. yesterday, Virginia

Tech initiated its first system-wide test of VT Alerts, an emergency notification system that can send text messages to cell phones, voice messages to non university telephones and cell phones, instant messages on the AOL,

MSN, and Yahoo networks, and e-mail messages to non-Virginia Tech e-mail

accounts.

•According to analysis provided by, 3n , the first attempt to deliver the test message to all subscribers was sent in 18 minutes. •Second and third attempts to deliver the message (to those who requested multiple deliveries) were completed in 31 minutes. After the two-hour test concluded, approximately 13 percent of the recipients confirmed receipt of the message. Community members were asked to complete a survey : As of 4 p.m. Oct. 12, 711 people reported through the survey that they did not receive the test message.

What’s in your “Toolbox”?

Experts recommend a “layered” approach using

varied strategies

LayersA – Initial Mode – “Push” - Deal with immediate needs/action, “what you know” – Update later.

B – As necessary, PUSH more immediate details on emergency, or the resolution

C - Follow up with more detail, “pull” community to more robust information sources

LayersAs time moves forward from the initial incident, strategies will change as will modes of communication. Email, web posting, blogs, videoconferencing, newspapers, etc. follow

What’s in your “Toolbox”?

Options Text Messaging system – 3rd party or institution owned alert system

Sirens – with/without voice capabilities

Loudspeakers

Tried and true or…….

What’s in your “Toolbox”?

Options“The Old Fashioned Way”

When all else fails…., you still need to train in a low/no tech solution

(Watch Training Video)

Seriously, folks

Low Tech: When Safe!

- Word of Mouth

- Phone Chains

- Door to Door

- Bullhorn

Caution: Define Emergency

“The Sky is Falling”

Some people will want to know everything all the time,

desensitizing users in the event of a real emergency.

Ex: Use of email

Caution: Define Emergency

“System will only be used when the safety of the

entire campus, or a large portion of it are

threatened.”

“Not for isolated incidents impacting a small area of campus which poses no

threat to safety”

Pros and Cons

Land Line Phone – PSU experience

Estimate less than 80% “plug in”

95% never check voicemail

Expanded “free minutes” with cell plans – no need

Pros and Cons

Cell phones – Direct calls

- Cell Service can go down

- “Stacking” of calls – can take hours (DAYs!)

- Overwhelm system unless multiples carriers and services used

- Great for secondary – phone a friend

Pros and Cons

Text Messaging system – 3rd party or institution owned alert system

Check out vendors on Blog

We went with E2 Campus- recent test highly successful

Cons – People without text service

Not everyone has cell – Katrina – Cellphones did not function

Pros and Cons

Text Messaging system – 3rd party or institution owned alert system

Uses SMS (Short Message Service) Function on signal carrier – requires very low signal strength

Hard to get students to opt in and give up their cell phone #s

Pros and Cons

Sirens – with/without voice capabilities

- With a UPS, functions in all conditions

- Like fire alarms, some will hear, others will not

- Difficult to “train” all populations and visitors as to meaning

- More effective for single use – “take cover” applications.

Pros and Cons

Loudspeakers

- Similar concerns to sirens – varied ease of hearing

- Can be mobile – bullhorns, car mounted. Allows for targeting

- Good fall back

Pros and Cons Emails

- Email – Can take hours depending on population and system status:- Not all on the system – time

of day- Some Employees and

student do not have immediate access

- Potential power issues- More robust information

distribution

New StrategiesNew policies on cell phones in class

Look into radios/pagers for key staff and first responders

Check out fire alarm systems – modern have voice

New StrategiesBe sure you include your town/host community. We are already perceived as elitist by some.

Open alert system to community if possible - $$$$

New StrategiesConsider some satellite phones – not subject to power outages - $$$$

Thanks For Coming!!!Duty to Warn

The Blog of Tim Keefehttp://

timk.blogs.plymouth.edu/