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

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

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

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

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

7. 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

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

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

10. 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

11. 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).

12. 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.

13. 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.

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

15. 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

16. 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

17. Policy and Training Sexual Harassment Policy The VEC 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

18. 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

19. 1315 Franklin Rd., SW | Roanoke, VA 24016
Rest assured, with us, you’re covered.
Reach out, we’re here for you.
1315 Franklin Rd., SW | Roanoke, VA 24016
Phone: (888) | FAX: (877)
Risk Management | Coverage | Claims Resolution