THREAT AND CRISIS UPDATE IOBSE LARRY BARTON, PH.D. COPYRIGHT © 2017 Why Threat Assessment Matters We have a daunting responsibility. As the chief security officer of a major entity, please remember the essentials: Duty to Care: it is not enough to share with employees the notion that: “we care about your safety and well-being.” If you are not offering training programs on the signals of a potentially disruptive customer or associate and communicating known or suspected threats in a timely manner (someone informs you of a potential suicide because of a comment on a blog, for instance) the employer could be found culpable of failing to care, as required by statute. Duty to Warn: once you are aware that a person at risk has made a threat, in a staff meeting, a briefing or even if they are on PTO—if they work for you (including a contractor in many jurisdictions), you may have a responsibility to intervene. This includes warning co-workers if the threat mentions direct harm. How you communicate a threat to co-workers in this arena is an art. It must be done with speed without being alarmist. It often requires the engagement of legal counsel and a communications specialist. Duty to Act: an associate informs you that her ex-husband has threatened to come to work and kill her; she presents you with her personal restraining order (PRO) but says, “Please don’t do anything—I just wanted you to have this for the records. I’m afraid he may actually do it if you tape a poster and photo at the door.” The employer is in a nowin position, and this is a common quagmire. Determining what can be done, and when, merits serious evaluation. Duty to Supervise: several years ago, we rarely heard used this term. Today, unfortunately, litigators are aiming at your organization with this as their core theme. The duty encompasses a broad array of statutes and requirements. It means that legitimate disputes and claims should be reviewed in a timely manner. It also means that when a person begins to act strangely, or talks about self-harm, that the supervisors who work in your company simply cannot look the other way. And don’t kid yourself—some do, and will. “Let’s keep this at the site level. There’s no reason for HQ to stick their nose in our business” is common. It may be, in many ways, one of the most fundamental culture gaps in the very best of companies. Threat Assessment is thus a legal duty as well as an affirmation of all aspects of your Human Resources processes. Clearly, “slapping together” an ad-hoc team when a threat is received is certainly not prudent. 1 A Threat Assessment Team (TAT) often consists of a senior representative of senior leadership, HR and the Law Department with this author assisting that team on higher risk situations. We often write scripts on how to approach a person who is struggling- as a victim of domestic violence, for instance, or even as a person making a threat who may benefit from the Employee Assistance Program or more direct intervention. The TAT can make an enormous difference by serving as an extension of your risk management architecture. How? 1 The TAT reduces exposure to physical harm. Since injuries and fatalities cause enormous personal pain and litigation exposure that can trigger years of expensive defense work, the team has an intervention opportunity that should never be underestimated from a safety and financial perspective. 2 Associates generally appreciate the fact that a TAT is part of your organizational landscape. Rather than exclaiming, “My God, is it so bad around here that we must have a threat team?” what I often hear from associates is, “I’m glad someone is ready to look at a critical case if we experienced one.” We need to remember that associates are far more sophisticated in identifying a co-worker at risk than we give them credit for. They realize that angry customers make extreme comments and sometimes act on them. They are aware that volatile persons are often known or suspected in advance to have shared violent ideation in advance, often due to alleged performance appraisal mismanagement or separations (e.g., an AnheuserBusch distributorship in Manchester, CT in 2010, a Kraft Foods plant in Philadelphia in 2010, or the murder of six persons at Accent Signage in Minneapolis on September 12, 2012 after an associate was told he was fired.) 3 Persons at risk have repeatedly been “talked down” from acting on a threat by a skilled TAT. I have personally supported dozens of companies over the years in hundreds of cases of suggested, or overt, violence. In many borderline situations where a person was hinting about self-harm or hurting others, but had not explicitly stated such, the TAT played an enormous role in helping a “person with a problem” avoid becoming “the problem person” by listening and intervening, sometimes with psychological or psychiatric care, and on other occasions, deciding that corporate or law enforcement engagement was safer and more suitable. Differentiation Note that each of us, as someone interested in workplace safety, must try diligently to differentiate “the person with a problem” from “the problem person.” Various empirical studies suggest that about one in five workers will come to your organization tomorrow with some serious problem in their personal life that will negatively impact their work performance for three or four days. This may include relationship stress, financial problems— possibly their teenager was arrested for a DUI over the weekend. Whatever the issue, these individuals bounce back from these detours in their life. They are “the associate with the 2 problem” but they are not “the problem person” who becomes permanently derailed by deviant or unusual behavior patterns. By contrast, the problem person is the nightmare we fear. Their actions or statements cause alarm. These persons can be draining to supervisors and coworkers. Their attitudes and actions can cause dismay for customers and distractions for others. Their behaviors can lead to accidents, violence, fraudulent behavior, lowered morale and potential litigation. They can be bullies one moment, without affect the next. Whatever the source of the problem, we are now uniquely focused on “what next?” for the employer. Let us look at some challenges associated with how threat assessment is currently gauged before we look at emerging strategies that could enhance safety at work. Content Analysis: There is considerable benefit to measuring how many times a person suggests they are aggrieved in an email or on a blog, and words such as “hate,” “kill” and “revenge” are meaningful, for sure. Countless attempts to murder public officials, and numerous others, have been thwarted by the U.S. Secret Service, FBI and other agencies with advanced forensic tools. However, an exclusive or heavy reliance on such systems alone suggests that virtually every perpetrator will communicate their anger or plan in advance. This is clearly not always the case, and, as the Secret Service suggests in its training, there is a notable difference between someone who poses a threat versus one who constitutes a threat. For the past several years, four researchers have assisted me in the analysis of over 1,300 cases of threats and assaults at work; in approximately 80% of all cases, perpetrators communicated intent in advance (variability by year was 76–81%). However, only about half of persons at risk communicated in writing on a blog or letter—the remaining persons yelled at a co-worker, talked about suicide to a supervisor, or made some other comment or gesture that caused alarm and concern. It should also be noted that the volume of written communication used by associates or other grievance collectors (such as the August 2012 murders at a Sikh temple in Wisconsin) has mushroomed to enormous new heights in recent years with the proliferation of Twitter, Facebook, and blogs. Threat assessors can no longer sit back and claim that “Dr. Smith is analyzing those emails and letters—he’ll know what to do.” Reliance on content analysis alone can lead to one-sided . . . and thus imbalanced conclusion. It is the interpretation of findings that is influenced by looking at behavioral patterns and milestones that enriches threat assessment. The questions that an HR or Security lead should be asking may include: 3 How do we know if we have an accurate representation of what this person has written? Do they have one or more web sites, blogs or screen names? Who are their “friends” on their social networking sites? Are we also analyzing what those persons are writing? Do they mention specific managers or co-workers in their messages or do they bifurcate the employer as they discuss their personal demons? Are we checking to see if the individual is involved in any litigation, foreclosure or bankruptcy notice or other public filing? Do we know what has been written by them, or their co-workers, in any filings with an internal ethics or compliance group? Has any department leader been contacted by the person who is making or posing a threat? Substance Abuse: We know from a variety of empirical studies that well over 70 percent of all the persons now in federal prisons in the United States were drunk or on illegal drugs when they killed; these statistics include domestic and neighborhood killings as well as workplace homicides. Because a disinhibitor can cause people to do things they would otherwise avoid if cognizant and not indulging, and because their use is often undetected until after a critical incident, the reality is that we have relatively few ways to keep this issue in check. On a positive note, the rumor mill can play an especially curious role. Many associates, especially immediate co-workers, have tremendous insight into the substance habits of coworkers. If you are worried about a person who is agitated, is a grievance collector and who is targeting a specific person or group and you are made aware of potential substance issues, my suggestion is that your assessment process should assume as urgent, priority status. RISK FACTORS At various threat and violence conferences, broad statements are made about perpetrators, and such commentary has caused considerable confusion among leadership. Well intentioned, these speakers are often chiefs of police, sociologists, criminologists and retired federal profilers. Many of them discuss cases that include serial killers, school shooters and other perpetrators whose baseline characteristics have little or nothing in common with workplace perpetrators. The confusion caused by their presentations is best seen when a serious case emerges in their entity and the TAT begins to look at factors that they recall from past cases that have nothing to do with this circumstance. Simply put, the mother who drowns two of her children in a pond clearly has mental illness, but comparing her behavioral patterns to a worker who feels betrayal and acts in retaliation to a co-worker is scientifically unacceptable. Let us begin with the role of geography. What follows pertains only to the USA, but we have conducted considerable research into numerous parts of the world. For 2016 alone, what follows is a report from 24/7 Wall St: “Based on CDC data… the 10 states with the most firearm-related deaths… including suicides, homicides, and accidents, appear below. Firearm death rates represent the CDCs age-adjusted figures, to avoid distortion in states with large populations of young people. We also considered 4 data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATF) on the time between a gun’s purchase and its involvement in a crime. Violent crime data are from the Federal Bureau of Investigation’s Uniform Crime Report. Poverty and income figures are from the U.S. Census Bureau’s American Community Survey. Information on firearm policies for each state are from the National Rifle Association’s (NRA) Institute for Legislative Action.” 10. South Carolina 9. New Mexico 8. Alabama 7. Arkansas 6. Montana 5. Oklahoma 4. Wyoming 3. Alaska 2. Mississippi 1. Louisiana Then we add to the mosaic. Unlike loss prevention perpetrators, the potentially violent perpetrator poses a unique challenge to the TAT because associates know about access and vulnerability of the site. They do not need to study routine; they know it instinctively. And, unlike an LP headache, the associate offender typically does not care about the consequences of their crime: they are often very aware that they may be killed (e.g. suicide by cop) because of their actions. Just think for a moment about what we know—and don’t know—about the people we work with. Here’s what we know, in almost all cases, about our co-workers: What We Know 5 Name, DOB, Social Security number Salary, title, work location, work history Education, if validated Active, or not, on major social networking sites Supervisor name/relationship Benefit plan, beneficiaries, PTO status Salary infringement, if court-ordered What We Don’t Know Where they currently live, and with whom? Who are they fighting with What medications they are on/off Their true financial condition Their true emotional well-being Who has betrayed them Who they have betrayed Some social networking activity Obviously, we should be preoccupied during the TAT process with how we complete the gaps about what do not know—and need to know—to make an informed decision about appropriate actions when a person at risk poses a serious challenge to the employer. In recent cases where an employer contacted me regarding an agitated associate or contractor, we discussed risk factors. These factors are well known, but it is useful to summarize the most prominent of them: recent, negative milestones such as divorce, relationship ending, child custody battle, order of protection or financial insolvency a negative performance review that becomes all-consuming for the associate an incident where they are humiliated or bullied on the job, notably in front of others acute onset of mental illness or exacerbation of pre-existing mental illness substance abuse on and/or off the job declining physical health outbursts, notably those directed at specific persons such as a supervisor or co-worker anger that has been communicated to others, whether in writing on a blog, in letters or emails, or verbally RETAIN OR RELEASE THE ASSOCIATE? When a serious case is reviewed by the TAT, that group must work within a legal, HR and cultural framework influenced by several considerations. What is the safest thing we can do to protect all associates? Will dismissing the associate only inflame him or her? Are there language, culture, expatriate and tribal issues that may influence a positive outcome? Can we ask or mandate that the person work from home until we complete our review? What are the 6 perimeters of a Fitness for Duty Evaluation or Return to Work agreement? Will the union support our decision? In a surprising number of cases where I am called to assist a TAT, there is typically at least one senior executive who will summarily state that the person’s actions have been so disturbing that the individual should be “terminated now, today, and let’s ensure that their photo is available at the security desk. We have an obligation to 300 people—and let’s have the attorneys deal with the legal issues. We have a business to run.” My recommendation to any TAT is that immediate dismissal should be seriously considered in specific, limited circumstances. There are multiple—literally, dozens, of alternative strategies that could be employed to protect the body politic and still allow the team to evaluate optionssafely. What I can tell you is this: terminating and exiting a potentially violent person may give you a sense of finality because you have taken their security badge, closed their email account and ended their credit card access. However, you now have no sense of where they are, how they look, how they are acting, what they are writing or saying, who they are upset with, whether their mental deterioration has escalated or stabilized. In short, you know far less when communication and engagement ends with that person. They may be rushing to their attorney’s office or filing for unemployment, but they may also be rushing to the shooting range for target practice. You know far more when that person reports to work under controlled circumstances where you increase security and surveillance. You lose considerable opportunity to monitor the individual when they are sent home to drink, drug, sulk, complain, plan. If you carefully analyze various studies by the Justice Department and others, you will realize that in recent years, aggravated assaults account for about 94% of workplace victimization while rape and sexual assault account for about 2% of incidents. Over the past four annual studies by the Bureau of Labor Statistics, you find that about one-third to one fourth of workplace homicides are attributable to real or perceived disputes between co-workers, strongly-held grudges, extreme beliefs/delusions or mental illness. We must also realize that statistics on workplace assaultive behavior are sparse and unreliable because of a wide number of factors that include: underreporting, especially because small and family-owned businesses are less likely to report incidents and assaults to OSHA and law enforcement inadequate study designs differing definitions of what constitutes an injury, being especially sensitive to the country where the threat originates Thus, ingredients of successful threat assessment include these: a collaborative interdisciplinary approach towards problem solving, a realistic assessment of facts and a sense of timeliness. Because the company employs a diverse and energized associate base, the need for managers to be even more attuned to unique cases, strange comments and even bizarre threats is high. In the midst of a pending threat, standard operating procedures, task forces and multiple conference calls may be a luxury. Lives may be endangered; perpetrators have no respect for 7 your calendar, vacation or hours of business. The TAT has every opportunity to use the concepts in this White Paper and find an appropriate resolution to even the most complex cases. Today, progress is being made in many counties regarding threat assessment, executive preparedness and associate awareness. When we face resistance from any member of management that possibly the topics of violence may create unnecessary panic in the workplace, we need to counter such negativity with a blunt reality: our children are being trained on active shooter situations in kindergarten. Certainly, we can discuss the warning signs of the client, associate or former associate who poses a risk in a non-threatening, but informative manner, in the workplace. Finally, because about half of the membership of the organization has responsibilities for human and other assets outside of the United States, please remember that ongoing changes to statutes regarding bullying, harassment and case management of persons who pose a risk are underway. I will be pleased to assist any member with briefings we have recently presented in EMEA, AsiaPac and the Latin and South American regions, for example. A good example of a legislative effort underway is Rule 26 in Canada, currently pending before the Canadian parliament. The law will impose mandatory time off for employees who inform the employer that they have been the victim of emotional and sexual abuse at home or work. In general, Canada is more progressive than the U.S. in terms of how their OSHA counterpart governs workplace violence, and mandated training in Ontario for all employers with three or more workers, currently in place, will likely be extended to all provinces by 2018. ____________________________________________________________________________________ BEHAVIORAL THREAT ASSESSMENT: INITIAL INTAKE QUESTIONS _____________________________________________________________________________________ Based on research by Randy Borum, Robert Fein, Bryan Vossekuil and John Berglund, the following represents the most definitive insight on ten essential questions that each TAT should consider when evaluating a person who may pose a risk. The initial questions are from the original research studies of these specialists with the U.S. Secret Service, with interpretive questions added by this author. Question 1: What motivated the subject to make the statements, or take the action, that caused him/her to come to our attention? Question 2: What has the subject communicated to anyone concerning his/her intentions? This includes social networking/blogs, verbal comments and ideation shared to strangers. Question 3: Has the subject shown an interest in targeted violence, perpetrators of targeted violence, weapons, extremist groups, or murder? Have they referenced other recent or historical violent events as examples of why others are motivated to hurt others (validation)? 8 Question 4: Has the subject engaged in attack-related behavior, including any menacing, harassing, and/or stalking-type behavior? This may include phantom communications or overt “chance” meetings intended to cause alarm/paranoia. Question 5: Does the subject have a history of mental illness involving command hallucinations, delusional ideas, feelings of persecution, etc. with indications that the subject has acted on those beliefs? This often includes illusions of grandeur, a savior complex and a righteous true believer. Question 6: How organized is the subject? Is he/she capable of developing and carry out a plan? Many of those with mental illness and a plan to harm also have a high IQ and lack OCD. Question 7: Has the subject experienced a recent loss and or loss of status, and has this led to feelings of desperation and despair? High occupational identity can be a major factor in this regard, as well as ongoing disputes with loved ones and pending civil/criminal charges, often involving children and spouses. Question 8: Corroboration: What is the subject saying and is it consistent with his/her actions? Be observant of changes in content, writing style, references to historical events, specific persons and potential targets and mention of a parallel universe, dinosaurs and celebrities. Question 9: Is there concern among those that know the subject that he/she might act based on inappropriate ideas? The best predictor of future behavior is near past behavior: what has the person recently done or said that is noteworthy? Question 10: What factors in the subject's life and/or environment might increase/decrease the likelihood of the subject attempting to attack a target? This may include recent medical or psychological diagnoses, bankruptcies, denial of legal or work-based claims and recent losses in hearings with a union, court or other formal organizations. Below: Omar Thornton, an employee of Hartford Distributors, who shot and killed eight co-workers on October 3, 2010 prior to a suicidal act. This case is discussed during our IOBSE briefing. 9 10 https://upload.wikimedia.org/wikipedia/en/e/e9/Omar_S._Thornton.jpg ABOUT THE AUTHOR Larry Barton, Ph.D. is one of the world’s leading experts in threat assessment and workplace violence prevention. He is the highest rated instructor at The FBI Academy in Quantico, Virginia and U.S. Marshals Service where he teaches threat assessment and crisis leadership. He works with law enforcement agencies throughout the United States and authors a monthly column in the FBI-LEEDA Magazine. A former faculty member at Harvard Business School, Penn State and Boston College, Dr. Barton was named Distinguished Professor of Crisis Management and Public Safety at the University of Central Florida (UCF) in January, 2017. Dr. Barton assists teams with real-time counsel during serious incidents and threats at work, and is the 24/7 threat assessor for many leading multinational corporations and agencies. He teaches crisis intervention for law enforcement agencies nationwide and is a certified instructor for Breaking Bad News ®. Today, his consulting practice includes threat assessment; real-time counsel to employers facing complex threats, and highly acclaimed training programs for executive teams. He has offered over 1,800 training programs for organizations worldwide. Dr. Barton was on air commentator for such crimes as the 2012 Sandy Hook, CT murders (CNN), the 2013 Washington Navy Yard massacre (CNBC) and the 2016 Pulse massacre in Orlando (CNBC), among many others. He serves on the editorial board of five peer reviewed journals internationally, including Violence and Gender. Dr. Barton is the author of four widely acclaimed books on risk and threats at work; his most recent book, Crisis Leadership Now, was named one of The Best Business Books Of The Year by Soundview Executive Books. His research has been showcased at The American Bar Association, The Conference Board, US State Department OSAC and numerous other organizations. He is the recipient of numerous awards for advancing public safety from law enforcement, corporate and non-profit organizations. For more information, please call Dr. Larry Barton at 602.740.4888 or email [email protected] 11
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