VASS/VASBO Conference JANUARY 8, 2019 PROPERTY COVERAGE - PITFALLS Dr. Lee Brannon C Risk Management | Coverage | Claims Resolution

VACORP Schools Frequency of Claims by Year July 1, 2008 – June 30, 2018

VACORP Schools Severity of Claims by Year July 1, 2008 – June 30, 2018

VACORP Schools Frequency of Claims by Department July 1, 2008 – June 30, 2018

VACORP Schools Severity of Claims by Department July 1, 2008 – June 30, 2018

Takeaways from Graphs Know who is injured in your departments Make sure claims are reported immediately Facilitate Return to Work Perform thorough accident investigations Communicate with Risk Management/Human Resources/Safety Importance of Lag Time Reporting Develop Training

VACORP Schools Frequency of School Property/Casualty Claims July 1, 2008 – June 30, 2018

VACORP Schools Severity of School Property/Casualty Claims July 1, 2008 – June 30, 2018

General Liability, School Board Legal & Student Accident Inside Falls – 250 claims - $1.5M Outside Falls – 300 claims - $1.2M Errors & Omissions – 80 claims - $2.5M Civil Rights Violations – 225 claims - $1M Discrimination – 35 claims - $1.5M Student Accident Physical Education – 3,800 claims – $1.M Athletics – 4,304 claims - $2M Playgrounds – 1,100 claims - $800K

Title IX – General “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.” "Education programs and activities" include all of a school's operations, including employment and school-sponsored athletics and activities (on or off campus).

Title IX Requirements Every school must have a Title IX coordinator who is responsible for compliance A school must have procedures in place intended to prevent sexual harassment or violence A school has a duty to respond promptly to allegations of Title IX violations A school has a duty to respond promptly to allegations of Title IX violations. If the school has actual knowledge about sexual harassment, abuse, or violence that creates a hostile environment — or if it reasonably should know about it — then the law requires the school to put an immediate end to the behavior, take steps to prevent its recurrence, and address its effects on students and faculty. The same is true even if a child or parent chooses not to pursue legal action against the school; if the school is aware of a potential Title IX violation, it is obligated to address it. A criminal investigation into allegations of sexual abuse or harassment does not release the school from this responsibility. In this instance, the school did nothing independently upon learning of the DSS investigation. A school must have procedures in place intended to prevent sexual harassment or violence. Under the law, each school is required to publish a policy barring sex discrimination in its education programs and activities. The policy must be widely distributed and available on demand. The policy also should lay out a path for dispute resolution, directing Title IX inquiries to the school’s Title IX coordinator or to the federal Department of Education’s Office of Civil Rights. Russell Schools had no procedures in place. Every school must have a Title IX coordinator who is responsible for compliance with Title IX. The coordinator oversees the investigation of allegations of sexual abuse or harassment and is responsible for addressing any patterns or systemic problems that arise during the review of such complaints. Schools are required to notify students and employees who the Title IX coordinator is and how to contact this individual. While Russell Schools had a person assigned as the coordinator, the person did know they were the coordinator! If any of the above elements are missing — or if the school failed to implement its duty to respond swiftly and effectively to a complaint — a strong case exists for the plaintiff. If these elements were in place at the time of the alleged harassment or abuse, and if it can be demonstrated that the school followed through immediately when a complaint was filed, then there is a strong case for the defendant. Russell Schools did not.

Burden of Proof Whether the school violated Title IX by behaving inappropriately — not whether students or staff engaged in sexual harassment The mere existence of student harassment is not enough to demonstrate liability The school’s actions in response to a complaint is key As an example, if a student tells an administrator that a teacher fondled him, the administrator has a duty to investigate and take appropriate action. If it can be shown that there was such a report but the school administration failed to act reasonably and appropriately and the harassment continued or worsened, the school may be culpable. Inaction may constitute discrimination in violation of Title IX. Because a school itself, not the harasser, may be culpable of discrimination, federal courts have held that there is no violation of civil rights laws if harassment occurs, as long as the investigates an allegation in good faith. This is true even if the school ultimately refuses to discipline a harasser on the basis of a reasonable belief that the accused is innocent. The other issue that came up at the mediation is the possibility of concurrent liability. Concurrent liability basically states that the cause of the damage ran concurrently and therefore each defendant is liable for the whole. In other words, if this were to fly in this case, we could be liable for Bobby Gobble! Federal courts have held that there is no violation of civil rights laws if harassment occurs, as long as the investigates an allegation in good faith. This is true even if the school ultimately refuses to discipline a harasser on the basis of a reasonable belief that the accused is innocent.  

Keeping Our Schools Safe School Resources Officer School Security Officer Special Conservators of the Peace

Sexual Harassment - #MeToo Any unwelcome sexual advance, Request for sexual favors, or Other verbal or physical conduct of a sexual nature Quid Pro Quo Hostile Environment

Things to Know The gender of the harasser/victim are irrelevant Harassment is in the eyes of the harassed Off-site employees are guaranteed protection Supervisors are responsible for protecting employees from anyone the company exercises some control over, including: Customers Delivery people Independent contractors Suppliers Can be Verbal Non-Verbal Physical

Policy and Training Sexual Harassment Policy The VEC Policy : http://www.vec.virginia.gov/sexual-harassment-policy Harassment Training Define Sexual Harassment Policy sexual harassment and prohibited behavior don’t assume everyone has the same definition or perspective A statement protecting employees who raise harassment concerns from retaliation The complaint process details about who employees can contact both within the organization, as well as the state and national agencies to file a complaint In most cases, employees have 180 days to file a complaint with the EEOC; 300 days if filing with the US Equal Employment Opportunity Commission A statement that the investigation process will be prompt, thorough and impartial Assurance that appropriate action, commensurate with the findings, will be taken Distribute annually as a standalone document even if in the Employee Handbook Signed acknowledgement

What To Do in the Event of a Complaint Follow your internal policy Treat all complaints seriously Listen without passing judgment Immediately report all complaints in accordance with internal policy Do not delay action Supervisors have a responsibility to report sexual harassment whether They personally witness it or They become aware of it though conversation or third-party involvement Harassment is in the eyes of the harassed not the harasser Follow you internal policy Slow or inadequate responses can cause lawsuits down the road

1315 Franklin Rd., SW | Roanoke, VA 24016 Rest assured, with us, you’re covered. Reach out, we’re here for you. www.vacorp.org 1315 Franklin Rd., SW | Roanoke, VA 24016 Phone: (888) 822-6772 | FAX: (877) 212-8599 Risk Management | Coverage | Claims Resolution