Edu Risk Solutions Blog

Webinar: Unpacking the Final Title IX Regulations, Part 2: More Q&A With Josh Richards

As a follow up to Unpacking the Final Title IX Regulations, Q&A With an Expert, Josh Richards of Saul Ewing Arnstein & Lehr LLP continues to answer questions about the final Title IX regulations issued by the Department of Education in May 2020.
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Manage the Risks of Remote Learning in Higher Education

Institutions may continue offering remote learning or may switch from in-person to remote learning due to a pandemic or other crisis. To ensure a positive remote learning experience for students and employees, administrators can use this guide to identify and manage key risk management issues.
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Webinar: Coronavirus: Recommendations for Resuming On-Campus Operations

In this webinar, Jean Chin, chair of the American College Health Association (ACHA) COVID-19 Task Force, and Hayley Hanson, partner at Husch Blackwell, respond to common questions about returning to campus during the COVID-19 pandemic.
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Planning and Executing Your Return to Campus: Considerations for Leaders in Education

United Educators partnered with Deloitte to publish this resource to address process questions senior leaders must consider when making key decisions. Recommendations include topics such as implementing a COVID-19 response team, tabletop exercise processes, planning for key reopening activities, a sample decision-making framework, and a roadmap for recovery and resuming campus operations.
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Guide for Resuming On-Campus Operations

In these unprecedented times, schools and colleges continue to struggle with how to provide educational services during the COVID-19 pandemic. Based on current recommendations, this guide provides risk management recommendations to inform the decision on whether to resume on-campus operations and the process for resumption.
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Checklist: Employee Layoffs Driven by Financial Pressure

This checklist is intended to help higher education institutions and K-12 schools that must lay off employees because of financial pressures. It can be used to help them plan and conduct the layoff process in a way that is fair to employees and that reduces schools' potential liability.
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Webinar: Unpacking the Final Title IX Regulations, Part 1: Q&A With an Expert

In this webinar, Joshua W.B. Richards of Saul Ewing Arnstein & Lehr LLP highlights significant provisions of the final Title IX regulations issued by the Department of Education in May 2020. The speaker also responds to audience questions about the regulations, which take effect Aug. 14, 2020, for all educational institutions subject to Title IX.
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Coaches Abusing Athletes in K-12 Schools: Lessons From UE's 2014-2018 Claims

Physical and emotional abuse by coaches is a far too common occurrence in athletics. This claims study examines coaching abuse in schools and derives lessons for school administrators.
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ED Releases Title IX Regulations Governing Sexual Misconduct: Guidance for K-12 Schools

This publication provides K-12 institutions with an overview of the Title IX regulations published by the U.S. Department of Education in May 2020 governing a school's response to allegations of sexual harassment. Also included are steps schools must take to comply with the regulations between now and the effective date in August 2020.
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The Campus SaVE Act: A Compliance Guide

The Campus SaVE Act amended the Clery Act to include certain crimes of intimate partner violence to the criminal offenses about which higher education institutions must report statistics and provide specific information in their annual security reports (ASRs). This publication provides guidance to help institutions meet these requirements.
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ED Releases Final Title IX Regulations Governing Campus Sexual Misconduct: Guidance for Higher Education

This publication provides institutions with an overview of the Title IX regulations released by the Department of Education along with recommended steps institutions can take to comply with the regulations’ requirements.
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Manage Faculty Who Resist Disability Accommodations Requests

Guidance on how to respond if a faculty member is reluctant to provide students with approved course accommodations.
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Prevention and Protection Podcast: Conducting Remote Title IX Investigations During the COVID-19 Pandemic

This discussion with Jody Shipper of Grand River Solutions focuses on tips to employ and pitfalls to avoid when conducting your Title IX investigations remotely while campuses have moved to online work and instruction during the COVID-19 pandemic of 2020.
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What You Can — and Can’t — Borrow from Other ERM Programs

For those contemplating an enterprise risk management (ERM) program and/or looking to peers and other institutions for advice, United Educators (UE) delineates common elements of programs and those elements you should be more cautious in borrowing from others.
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Webinar: Coronavirus: Answering Your Questions

In this webinar, speakers from the American College Health Association (ACHA) COVID-19 Task Force and an employment law attorney with expertise in higher education respond to common COVID-19 questions and discuss how K-12 schools and higher ed institutions can navigate the outbreak.

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Expanding Telemedicine During the COVID-19 Pandemic

Guidance on evaluating the risks and requirements of engaging in telemedicine while students are distance learning during the coronavirus (COVID-19) pandemic.
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Three Keys to a Successful ERM Program

Whether you are just starting out with enterprise risk management (ERM) or trying to sustain your mature program, United Educators (UE) recommends orienting around three keys to ensure your ERM program's success.
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A Guide to Prevent Sexual Misconduct by Campus Health Care Providers

Health care interactions at student health clinics, sports medicine facilities, and athletic training locations must be a focus in sexual assault prevention efforts. This publication identifies key steps to ensure interactions between campus health care providers and patients are safe and free from sexual misconduct.
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What are the Benefits of Having an ERM Program?

For those contemplating an enterprise risk management (ERM) program for their institution or who need help convincing others to participate, United Educators (UE) outlines three main benefits to having an ERM program on campus: minimizing critical vulnerabilities, improving strategic decision-making, and boosting overall institution performance.
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Prevention and Protection Podcast: Recent Developments in Title IX Caselaw

This episode of the Prevention and Protection podcast discusses two recent court cases that may impact how Title IX investigations and hearings are conducted on campus.

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K-12 Checklist: Nondiscrimination Policies and Grievance Procedures Relating to Sexual Harassment

This checklist covers items that K-12 schools should consider when creating or revising nondiscrimination policies and grievance procedures related to sexual harassment of employees, students, and other minors. It is based on federal legal requirements and United Educators' recommendations derived from research and claims experience.
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Supportive Measures, Remedies, and Sanctions Regarding Campus Sexual Harassment

Educational institutions must issue the appropriate supportive measures, remedies, and sanctions when sexual harassment is reported. This checklist identifies steps institutions should take once a report of sexual harassment is received to support the complainant, the respondent, and the broader study body.
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Best Practices: Investigations of Sexual Violence and Harassment

A checklist highlighting best practices for conducting investigation of student and employee complaints of sexual harassment, sexual abuse, sexual assault, dating or domestic violence, and stalking.
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Golf Carts on Campus

Educational institutions use golf carts to transport students and visitors, patrol the campus grounds, and perform campus maintenance activities. A United Educators (UE) claims review found that between 2012 to 2016 golf cart accidents on campuses resulted in over $1.6 million in losses. Implementing a few key practices can help educational institutions avoid or reduce such costly claims.
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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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Addressing Sexual Violence in MOUs Between Campuses and Law Enforcement

Building strong partnerships between administrators and local law enforcement agencies should be a key component of every institution’s plan to reduce the risk of sexual violence. In this piece, UE provides recommendations for addressing sexual violence in a general campus safety memorandum of understanding.
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VAWA-Campus SaVE Act Federal Training Requirements for Students

Most higher education institutions are subject to VAWA—also known as the Campus Sexual Violence Elimination (SaVE) Act—which requires institutions to train students on sexual violence issues. This resource explains the training mandates and provides UE’s recommendations and suggestions to help institutions meet them.

VAWA-Campus SaVE Act Training Requirements for Employees

Most higher education institutions are subject to VAWA—also known as the Campus Sexual Violence Elimination (SaVE) Act—which requires institutions to train employees on sexual violence issues. This resource explains the training mandates and provides UE’s recommendations and suggestions to help institutions meet them.
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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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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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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

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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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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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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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.

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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