Edu Risk Solutions Blog

Prevention and Protection Podcast: Transgender Students and School Facility Use

In this episode of Prevention and Protection, attorney Josh Whitlock and Hillary Pettegrew, UE senior risk management counsel, discuss the current legal requirements governing the use of school restroom and locker room facilities by transgender students, as well as recommendations for schools to follow.

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#MeToo in Higher Ed: Sexual Misconduct Allegations

Since 2017, many higher education institutions have felt the effects of the #MeToo movement in the form of social media posts claiming that the poster or someone else experienced sexual harassment or assault at the school or by a school employee. This blog offers advice for responding to these allegations.
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Addressing Accessibility in Your EIT Vendor Contracts

Electronic information technology vendors supply important campus communications systems, including websites and curriculum databases. Institutions are responsible for enduring vendor-provided technology is accessible to people with disabilities. Read this Insights blog to learn how to implement federally mandated standards for technology vendors as part of campus accessibility efforts.
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HIPAA: Protecting Patient Privacy

This course is designed to provide institutions with a centralized and consistent solution for HIPAA training for students and employees with access to medical records.
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Prevention and Protection Podcast: Promoting Fairness in Trauma-Informed Title IX Investigations

In this episode of Prevention and Protection, UE’s Heather Salko speaks with Jeffrey Nolan, an attorney at the firm of Dinse, Knapp & McAndrew, about "trauma-informed" investigations—what they are, and how to institute them in Title IX and VAWA-related investigations.

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OCR Withdraws 2011 DCL and 2014 Q&A on Campus Sexual Misconduct and Issues New Q&A

In September 2017, the Department of Education's Office for Civil Rights (OCR) withdrew the 2011 "Dear Colleague" letter and 2014 Questions & Answers (Q&A) applicable to institutional responses to sexual misconduct. OCR issued a new Q&A that will provide guidance pending a later process that will produce new federal regulations.
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Prevention and Protection Podcast: Managing Issues With Service and Emotional Support Animals on Campus

Jeffrey Nolan, a partner at Dinse, Knapp & McAndrew in Burlington, Vt., and UE senior risk management counsel Heather Salko discuss service animals and emotional support animals on campus.

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OCR Alert: Avoid Discriminatory Housing Surcharges for Disabled Students

UE suggests steps higher education institutions should take to avoid or redress OCR complaints of discrimination filed by disabled students or other individuals who challenge surcharges imposed for single dormitory rooms and other amenities that institutions provide as accommodations for disabilities.
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New Guidance on Student Discipline Transcript Notations for Higher Education

New guidance released in June 2017 by the American Association of Collegiate Registrars and Admissions Officers (AACRAO) provides voluntary standards for higher education institutions that use transcript notations to advise other institutions of student disciplinary actions for serious misconduct, including sexual violence.
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Prevention and Protection Podcast: The Future of Title IX Under the Trump Administration

In this Prevention and Protection podcast, we explore how the Obama administration's stance on Title IX enforcement may change under President Trump and what these changes might mean for institutions.
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A Review of Student-Perpetrator Sexual Assault Claims With Losses

Higher education institutions face potential liability from alleged student victims of campus sexual assault and, increasingly, from alleged student perpetrators who challenge the internal disciplinary process. This publication examines UE's claims from student perpetrators in which losses were incurred and offers recommendations.
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Prevention and Protection Podcast: Lawsuits Brought by Students Accused of Sex Assault

Listen in as Alyssa Keehan, director of risk research at United Educators (UE), speaks with Josh Richards, a partner with Saul Ewing LLP about his experience defending colleges and universities in lawsuits brought by students accused of sexual assault.
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Liability for Student Sexual Assault: UE's Claims Say OCR and Title IX Are Not the Biggest Dangers

UE claims show the source of most institutional liability for student sexual assault is not enforcement action by the Office for Civil Rights (OCR), but litigation initiated by students--especially when it is based on claims of negligence and breach of contract. Institutions should not relax their vigilance about campus sexual assault on an assumption that the new administration may withdraw or ignore prior OCR guidance on this topic. Read our Insights blog to learn more.
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Data Breach Prevention and Response: A Guide for Business Officers

This guide to data breaches for risk managers and business officers identifies common computer network vulnerabilities at educational institutions. It provides checklists for planning security and response, detection of breaches, exposure assessments, and system restoration and recovery.
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Title IX and Beyond: Revising Nondiscrimination Policies and Grievance Procedures

This resource, part of the Title IX and Beyond series, covers the topics that educational institutions should address when reviewing and revising their nondiscrimination policies and grievance procedures on student sexual violence and harassment.
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Title IX and Beyond: Investigations

This checklist, part of the Title IX and Beyond series, covers the topics that educational institutions should address when conducting student sexual violence and harassment investigations.
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Title IX and Beyond: Title IX Coordinator Roles and Responsibilities Regarding Campus Sexual Violence

This checklist summarizes OCR’s recommended and required actions regarding sexual violence as it relates to Title IX coordinators. Use it to review and, if necessary, revise your Title IX coordinator’s job responsibilities.
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Accommodating Students with Disabilities in Clinical Programs

Managing students with documented disabilities in clinical programs can present unanticipated difficulties. If a student is “otherwise qualified”—i.e., meets the academic requirements—to participate in the degree program, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require institutions to provide reasonable accommodations for his or her disability.
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Invisible Disabilities at the 25th Anniversary of the ADA

July marks the 25th anniversary of the Americans with Disabilities Act (ADA), the law prohibiting discrimination against people with disabilities at public and private educational institutions. The U.S. Department of Commerce estimates that more than 90 percent of disabilities are invisible—in other words, not observable or apparent. Examples include learning disabilities and attention deficits, autism spectrum disorders, mental or psychiatric impairments, and chronic diseases.
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Webinar: Confronting Campus Sexual Assault: An Examination of Higher Education Claims

This webinar reviews the findings from UE’s study of student sexual assault claims and explores how colleges and universities can respond to and prevent sexual violence.

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Resources for Confronting Campus Sexual Assault

The Campus SaVE Act: A Compliance Guide

This guide is designed to help your institution navigate the extensive new requirements of the Campus SaVE Act, which takes effect in March 2014.
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Title IX and Beyond: FAQs on Federal Laws and Guidance

These FAQs summarize major provisions of the Campus SaVE Act and federal guidance from 2014 and 2011 on Title IX, provide general compliance recommendations, and alert members to future developments that may increase the compliance burden.
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Confronting Campus Sexual Assault

This report discusses the key findings of UE’s sex assault claims study and looks at perpetrator and victim characteristics, circumstances of the assault, response from the institution, and resulting litigation.
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Title IX and Beyond: Interim Measures, Remedies, and Sanctions

This checklist, part of the Title IX and Beyond series, identifies steps institutions should take once a report of sexual violence is received to protect both the victim and the broader student body.
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Title IX and Beyond: Federal Training Requirements for Students

The federal government has imposed student training requirements relating to sexual violence on educational institutions under both Title IX and the Campus Sexual Violence Elimination (SaVE) Act.
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Title IX and Beyond: Federal Training Requirements for Employees

The federal government has imposed employee training requirements relating to sexual violence on educational institutions under both Title IX and the Campus Sexual Violence Elimination (SaVE) Act.
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Webinar: Reducing Risk in Domestic Violence, Dating Violence, and Stalking Situations

This webinar explores integrating campus threat assessment with Campus SaVe functions to address issues that are unique to domestic violence, dating violence, and stalking.
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Campus Sexual Violence Elimination (SaVE) Act Learning Program

A new federal law affects students and anyone who works for a college or university. This learning program examines the new law: what it is, why it's needed, how it affects you, and ways to get help for yourself or others.

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Webinar: Preventing Student Sexual Violence - Transforming Campus Culture

This webinar features one university's approach to transforming campus culture to prevent student sexual violence.
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Preventable Claims: Understanding the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave per year to address medical issues or care for loved ones, but the complicated law can raise costly liability concerns for educational institutions.

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Engaging Men to Prevent Sexual Violence

Men are an integral part of moving campus culture away from tolerance of sexual violence. While most men do not commit acts of violence, males perpetrate the majority of sexual assaults on women and other men. An institution’s sexual violence prevention program should focus not only on reducing women’s risk of becoming victims, but also on encouraging men to stand up against sexual violence.
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Managing the Risks of Athlete Concussions in Independent Schools

Concussions are a significant safety concern in youth sports. Schools must take steps to protect student athletes from these dangerous head injuries and to respond appropriately when an injury occurs. From educating staff about concussions to documenting treatment, learn to safeguard your students and your school.
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Managing the Risks of Athlete Concussions in Public Schools

Concussions are a significant safety concern in youth sports. Schools must take steps to protect student athletes from these dangerous head injuries and to respond appropriately when an injury occurs. From educating staff about concussions to documenting treatment, learn to safeguard your students and your school.
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Training Bystanders to Prevent Sexual Assaults

In situations that may lead to sexual assaults, there are often opportunities for someone—other than the victim or perpetrator—to say or do something to prevent the assault. In fact, one study found that bystanders were present in nearly a third of reported sexual assaults. Recent legal developments have made bystander training more than a “good idea”; it is now a requirement.
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Title IX Coordinators Learning to Cope With 'Dear Colleague' Letter

Title IX coordinators at three United Educators member campuses discuss challenges and offer suggestions for complying with the Department of Education’s 3-year-old “Dear Colleague” letter.

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Borrow Title IX Policies With Care

One size does not fit all when it comes to Title IX policies. If you borrow ideas from another institution, make sure they’re appropriate for your campus.

Identifying Campus Security Authorities

Allegations of inaccurate Clery Act statistics have been a frequent source of bad publicity for colleges and universities. A common cause of inaccurate Clery data is confusion over who qualifies as a CSA.

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Research on Human Subjects: Is Your Institution Complying With Federal Rules?

Federal law mandates that Institutional Review Boards (IRBs) pre-approve research on humans. Because of their complex research programs, most large research universities have well-developed IRB protocols, but many smaller institutions do not. IRBs review research proposals to ensure they meet safety standards, do not present conflicts of interest, and properly obtain consent from research subjects. Federal agencies have suspended government-funded human subject research at institutions that failed to follow IRB protocols.
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Clery Act Amendments and Penalties

Recent amendments to regulations under the Jeanne Clery Act have prompted several United Educators members to seek guidance on the scope of the law and potential penalties. The federal law was named for a Lehigh University student who was raped and murdered in her residence hall in 1986.
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New Federal Requirements for Missing Student Notification: Get Ready

Are your institution’s missing student plans up to snuff? New regulations on notification requirements from the U.S. Department of Education take effect July 1. They implement the Higher Education Opportunity Act (HEOA) and mandate that all colleges and universities participating in the Title IV federal student financial aid program and providing on-campus student housing must do the following:

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