What I Wish I’d Known When I Started: Higher Education Risk Management Lore SEPTEMBER 2014 Gallagher Higher Education Practice Once upon a midnight dreary, while I pondered, weak and weary, Over many a quaint and curious volume of forgotten lore— While I nodded, nearly napping, suddenly there came a tapping, As of some one gently rapping, rapping at my chamber door… —Edgar Allan Poe, The Raven Disclaimer The information in this document is intended to help administrators at educational institutions understand and manage risk. It is offered to the higher education community as general advice. It is not intended as professional guidance on particular situations involving risk, insurance, or legal issues. Arthur J. Gallagher does not provide legal advice, as we are not licensed to do so. Neither this document, nor any issues for consideration associated with it, is a substitute for legal advice. Every circumstance and institution is different. Each institution must, therefore, consult its own legal counsel or other qualified professional for advice on the legal implications related to these issues and determine for itself what steps are appropriate for personal or institutional assistance. This monograph does not create, and is not intended to create, a standard of care or a legal duty of any kind. The failure to implement any item from the proposed guidelines and checklists is not intended as, and should not be construed as, evidence of negligence or wrongdoing of any kind. Checklists and templates are merely aspirational and illustrative. The items listed are by no means required or recommended in all circumstances. Any appendices contained in this document were obtained from sources that, to the best of the writers’ knowledge, are authentic and reliable. © 2014 Arthur J. Gallagher & Co. “Once Upon a Time...” :::::::: Preface :::::::: In all the antique religions, mythology takes the place of dogma; that is, the sacred lore of priests and people... these stories afford the only explanation that is offered of the precepts of religion and the prescribed rules of ritual. —William Robertson Smith, author and Encyclopedia Britannica editor The 2014 Arthur J. Gallagher Think Tank for Higher Education Risk Management explored what it takes to be successful in higher education risk management. We identified several skilled risk managers (many, many others could have joined us), who graciously agreed to assist us, gathered them together for a couple of days, rolled up our sleeves, took notes, and asked them the secrets to their success. These wise contributors made up a true “think” tank—they shared with us their background, their training, their greatest successes—and some signal failures. They told us what they read, what they pay attention to, and what they wish they had known when they started this job. They explained their perspectives on the sometimes arcane, sometimes dogmatic, sometimes nearly religious aspects of compliance, loss control, insurance, typical issues, common and uncommon solutions (and some that were truly inspired), and many other aspects of their professional management of risk. In short: they shared their experiences—and they told us stories. True stories; amazing stories; terrifying stories; hilarious stories. (And some extremely memorable ones that simply cannot be shared in a “family publication.”) Mostly they agreed to let us tell you those stories—sometimes with attribution, sometimes warning us against it. Along with the stories, they gave recommendations—many recommendations on training, on skills, on best practices, on things one should do if one were planning to be a risk manager in higher education. So that is the gift they gave to us, and we give to you: a summary of just a portion of years of wisdom, knowledge, stories—the lore of higher education risk management. This paper is not meant to provide an answer, but merely the beginnings of an answer, perhaps, to the open question, “So—you want to be a higher ed risk manager?” The paper is a to-do list, as well as a “not-to-do” list: a collection of advice, Gallagher Higher Education Practice 1 knowledge, wisdom, and stories—what we all wish we had known earlier in our careers. Take this lore; savor it. Follow the good advice and avoid the mistakes—it’s a lot cheaper and easier to learn vicariously than by making the same errors yourself. May this be helpful to you—you may wish, as we did, that you had known it earlier, but we got it to you as soon as we could. Feel free to suggest additional stories, advice, and lore—this is an ongoing story, as is all accumulation of lore. Enjoy this part of it, and add your own chapters to the tale. Welcome to the story. ::::::::::::::::::::::::::::::::: This publication would not have been possible without the participation and commitment of each member of the Think Tank—leaders in higher education risk management and insurance from several institutions, with well over 200 years of combined experience in higher ed risk management present at the Think Tank alone: • Chauncey Fagler, ARM-P, Executive Director, Florida College System Risk Management Consortium • Luke Figora, Executive Director, Risk Management, University of Chicago • Troy Harris, Assistant Vice President for Institutional Resilience, Westmont College • Ellen S. Holland, DRM, ARM, MSF; Administrator, Public Universities Risk Management & Insurance Trust/PURMIT • Craig McAllister, Director, Risk Management & Insurance, Cornell University • Doug Moore, University Risk Manager, Loyola Marymount University • 2 Margaret Tungseth, CPA, MBA, DRM, Senior Vice President for Business, Finance and Technology, Hamline University Gallagher Higher Education Practice • Ruth Unks, ARM, DRM, CRM, Director of Enterprise Risk Management, Maricopa County Community College District • Joe Yohe, Associate Vice President, Risk Management, Georgetown University Additional contributors (with additional hundreds of years of combined experience): • Allan F. Brooks, MA, CPCU, ARM, ARe, AU, Director, Risk Management, Chapman University • Elizabeth J. Carmichael, Director of Compliance and Risk Management, Five Colleges Incorporated • Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington • Tom Clayton, Director: Insurance and Risk Management, Johnson County Community College • Michael Gansor, CPCU, AAI, ARM, AU, AFSB, Risk Manager, West Virginia University • Kathy E. Hargis, MBA, Director, Office of Risk Management, Lipscomb University • David Pajak, MBA, DRM, ARM, Director, Risk Management and Chief Emergency Management Officer, Syracuse University • Barbara Schatzer, Senior Director, Risk Management, University of San Diego Representatives of Arthur J. Gallagher Risk Management Services, Inc. • John McLaughlin, Managing Director, Higher Education Practice • Vincent Morris, Executive Director, Higher Education Practice (document general editor) • John E. Watson, Executive Director, Higher Education Practice It is our desire and hope that you will find this document interesting, entertaining, thoughtprovoking—and, ultimately, helpful. John McLaughlin Managing Director Higher Education Practice Arthur J. Gallagher Risk Management Services, Inc. Gallagher Higher Education Practice 3 :::::::: Table of Contents :::::::: Introduction: The Storytellers............................................................................................................................................... 5 “This Is My Best”: Success Stories in Higher Education Risk Management...................................... 17 How to Play the Game—and Win........................................................................................................................ 17 Home Runs........................................................................................................................................................................... 17 Base Hits.................................................................................................................................................................................. 21 “That Was The Absolute Worst!”: Things That Went Really, Really Wrong.............................. 23 “Lessons (I Wish I Had) Learned (Sooner)”............................................................................................................ 25 “Every New Risk Manager Should…”: Writing Your Own Good Story............................................. 29 Ten Things to Read.......................................................................................................................................................... 29 Ten Things to Do.............................................................................................................................................................. 30 Essential References for Higher Education Risk Management................................................................... 33 Books......................................................................................................................................................................................... 33 Subscriptions........................................................................................................................................................................ 34 Associations and Memberships................................................................................................................................ 34 Mentoring Relationships.............................................................................................................................................. 35 Other References................................................................................................................................................................ 35 Appendices...................................................................................................................................................................................... 37 A. Best Habits for Each Stage of Risk Management................................................................................ 37 B. Helpful Technologies.............................................................................................................................................. 38 1. Productivity............................................................................................................................................................38 2. Presentation Software..................................................................................................................................... 38 3. Collaboration....................................................................................................................................................... 38 4. Search........................................................................................................................................................................ 38 5. Risk-Management-Specific Tools........................................................................................................... 38 6. Other Tools........................................................................................................................................................... 39 C. Death of a Student: Best Practices................................................................................................................ 40 :::::::: Introduction: The Storytellers :::::::: Sometimes you just gotta say, “What the… heck!” —Joel Goodman’s father, paraphrasing a frequently repeated phrase in the 1983 movie Risky Business Risky Business Beyond the oft-cited title of an ’80s movie starring a naïve and oh-so-very-young Tom Cruise dancing in his underwear, “risky business” is well known to be difficult. Practitioners of the business of risk tend to swim in murky waters, seeking—and creating—a firm place to stand. These intrepid “Risk Managers,” unlike Mr. Cruise, do not tend to be young, and they certainly do not tend to be naïve. A brief glance at the attendees at the annual University Risk Management and Insurance (URMIA) conference shows a tendency toward grey hairs that accompany contact often seem to do things that make us, too, say, “What the… heck!” It is not a boring job. To get our conversation started, we asked a few questions to our Think Tank participants—and they were not shy about giving answers, which fortunately did not stop at “what the heck?”! (The astute observer will notice that, while most of the comments in this paper have names attached, not quite all the stories and thoughts were for public attribution…) We suggest you read this document with your favorite red pen or blue pencil in hand, checking things off, It will take two years to figure out what you’re supposed to do; five years and more to know why and to do it well. the trust, wisdom, and responsibility accorded risk managers. Not many young and inexperienced people are trusted with the management of risk for an entire organization. (Perhaps some of these grey hairs are actually generated by the stress and challenges of the job; at any rate, through the over forty otherwise enjoyable and thought-provoking annual URMIA conferences held to date, it seems there has been very little dancing in underwear.) striking out, circling, critiquing, adding marginalia, and otherwise interacting with us yourself. It is our hope you find some suggestions here that will help you succeed, thus making our best into your best, and adding your own chapter to the Book of Higher Education Risk Management Lore. But as a wise man once said, “No one was born knowing it!” This is true of anything we learn in life, and especially true of particular and specialized knowledge—and the wisdom required to apply that knowledge. Those who engage in, and thrive on, the business of risk have acquired an impressive set of tools that promote success. No matter our experience, however, the disparate and original populations of students, faculty, administrators, visitors and others with whom we are thrust into regular Ellen S. Holland: Prior to moving to risk management from corporate sales, I was in training about 80% of the time in my first year, learning about “features and benefits” of the products I was selling in the agricultural chemical market. This involved visits to farms, fertilizer dealerships, etc. At that time, only about 5% of sales reps were women. Upon meeting one customer he said to me frankly, “I don’t like your company; I don’t like your products; and I hate woman reps!” I responded, “That’s What initial advice would you give to new incoming higher education risk managers? Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 5 fine, but I’ll stop by again soon just to check in.” On a happy note, about two or three years of patience and steady success made him one of the largest dealers of our products. But I learned that to be “Don’t send that e-mail until you’ve had a night’s sleep…” truly successful, I needed to simply ask about their business: “Tell me your story!” At my first university risk management job, some students pulled a safety shower on a floor above a research lab. It ran for eight hours unattended. Researchers lost six years of research due to the flood. So when I met the researchers, I asked the same question I asked when selling ag products—“What is your story?” When I heard their stories, and how proud they were of their ones—build your reputation based on some early wins. The big issues will still be waiting for you. Craig McAllister: It really is about others telling their own story. Success in this business is achieved by helping others get to their goals. So I advise you to help other people understand they own the risks and the rewards of their activities. Help them make the decisions and own the risks themselves. Joe Yohe: Engagement is a necessity. We are acting in an advisory role; we can’t usually mandate that anyone do much of anything. Working with others is vital. “Ownership” of risks resides in others (e.g., safety programs). You must have extensions of yourself on campus, as Risk Management can’t manage everything. Learn how to help other people succeed—teach them how to identify and manage their own risks, and their success will be yours too. Stay positive! Have a supporter, a “human mascot” who will keep you grounded and calm! work, I could then facilitate assistance for them— bring people together to coordinate the loss recovery. This works for Business Continuity Planning and other things too. So my first piece of advice for success is: Get to know people by listening to their stories. When they trust that you understand them, they will trust you to advise them. John Watson: Pepperdine University received a wrongful death lawsuit over a fire on donated land, with accusations that the land had not been properly cleared of hillside brush. I was hired in response to the institution recognizing the need for someone to truly manage the University’s risks, including that claim. It turned out to be a long and complicated claim. But it had a hidden benefit: as risk manager, for the first two and a half years all I had to say was “Baldwin Hills Fire” and people would listen to me! The lesson I learned: Get an early success; find lowhanging fruit and pick it, then educate people about what else success means. Don’t wait for the big-bang, multi-year process to play out. Look for the easy 6 Chauncey Fagler: Focus on the end game. The list of things to do today may seem endless, but staying focused will have a much longer-term payoff down the road. You will need assistance from others; asking for help shows maturity and confidence. This is not a profession in which success comes easily or quickly. Plan for the long haul as the immediate fires are being addressed. Margaret Tungseth: Obtain support from above for your efforts. Success will occur more often when “the top” has bought in. It is one thing to make suggestions for change yourself. However, being able to say, “I was tasked to do this by the VP/President” etc. tends to result in buy-in from other departments! Make sure you give options and make a recommendation (“here are three ways you could manage this; I might suggest #2”), but leave the choice to those owning the risk. Ruth Unks: Be a good explainer and teacher. Risk management can be complicated. When we try to What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice describe risks and treatments of them to others, elements of our conversation may be complex and/or sophisticated. But at least we should delineate them, briefly describe them, and suggest our audience seek resources and mentors to help them through it. Troy Harris: I have learned that “getting to yes” is the critical way to frame our work. Also, we have to ensure that people who are hiring Risk Management types “pick well”—dealing with the reality of nuance is part of our task, and we must pick people who are not troubled by gray areas. Seek and get good outcomes; don’t “just say no.” Joe: Look for opportunities to advance Risk Management. Take those bad events and turn them! As Rahm Emanuel used to say as Obama’s Chief of Staff, “Never let a good crisis go to waste!” Chauncey: Collect and use data! In higher ed we are data junkies. With solid data one may be able to “trick” people into using Enterprise Risk Management. Risk owners and departments will want to make the changes themselves when they see positive results. Ruth: Push that data out regularly! If you have been collecting facts and information that is helpful for decision making, don’t keep it in Risk Management; get it out there! Let campuses, departments, etc. compete with each other to manage risk well! John McLaughlin: Make sure you prepare and continually enhance your institutional story. Develop and refine your institution’s risk management story—lessons learned and changes to risk management practices show a strong commitment to being a good risk partner. The underwriting business has a classic 80-20 paradigm: 80% of clients have positive loss experience. The accounts that can demonstrate a strong risk management culture always seem to find themselves on the positive side of average rate increases or decreases. Over the years, this results in huge cost savings. Setting up a good institutional story (e.g., Westmont’s amazing emergency preparedness) and sharing it with your broker makes it easier for the broker to negotiate with underwriters. What I have learned through the years Ellen: Stalking Situation This profession evolves and will continue to evolve; new forms of risk arise constantly. They don’t tell you these things when you accept the job—there is no chapter in the ARM manuals on ‘stalking’! One day I received a call from campus security, saying, “Be at a meeting in 30 minutes…” Upon arrival to meet with our incident response team, the Dean’s office involved noted they had been monitoring a certain individual for six months and it was now beyond their control. At this point, the person had made serious threats against a female student. We were able to get in contact with John Nicoletti, a clinical/police psychologist specializing in school violence. When he analyzed the situation he stated to our team, “You’re probably within 24 hours of a murder-suicide situation” with this individual. The team then acted to diffuse the situation through his advice. At that time, a team member and I met with the female potential victim, telling her, “We’ve been advised that you should not go home tonight. We will pay for a hotel room for you, as it may not be safe for you to go home”—all the while thinking that this was not something we had trained for at that time, especially considering that the potential victim was a 17-year-old law student. Campus security escorted the threatening stalker off campus. The following day he was caught with a stolen ladder, climbing into her 2nd story apartment, presumably to attack her! I learned the valuable lesson: ‘Trust your gut!’ We just had a bad feeling about this, and removing her from the situation, while somewhat controversial, was validated by his act the next day. We all agreed we were glad to have made that decision. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 7 Ellen: Suggest alternatives that might help your internal “clients” achieve their goals with lower risk. Note: this requires thought, creativity, and patience—it can take years! How do you see higher education risk management changing? What should we be looking toward next? Chauncey: As our profession changes, new skills are needed. We need stronger and stronger finance skills as risks have greater and greater finance implications—and along with finance skills, communication skills are paramount. Ellen: Some younger people are coming in with greater technical abilities—even though they haven’t experienced some valuable lessons time brings. I think of several things as “recent” lessons: risks of dangerously hazardous weather (Hurricane Katrina); risks of dangerous people (Columbine school shooting, or Virginia Tech)—but these are long enough ago that young people coming into the profession have not experienced them any more than the 1998 hard market, or the 2008 crash. What’s next? What lessons will teach them? “I love it when the students are here—and I love it when they are gone!” Ruth: The rise of the opportunity aspect of Enterprise Risk Management is helping with the “getting to yes” concept. Risk Management can and should lose its reputation as the “Department of No.” Troy: We must learn to sell ourselves as “value providers.” At Westmont our Risk Management mission is encapsulated very simply and clearly: “Keeping our resources applied to our mission.” Even our faculty tend to resonate with that idea. They don’t want their departmental budgets frittered away on losses and claims, etc. We help them see that we’re on their side. Chauncey: We have to be opportunistic, seizing the moments that offer needed change. We had a foreign 8 travel question arise: “Do we need coverage for this?” The question caused great conversation among administrators. It was an opportunity to show value! For instance, we can point out that “a Florida university has great programs and policies, and we intend to mimic this system-wide”—and the moment provides the opportunity to introduce the change. What I have learned through the years Risk Consulting Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington Health sciences school administrators often ask our office to negotiate the wording in affiliation agreements for visiting students, residents and fellows. When our first question is, “Do you have a particular interest in hosting this person?” we often save time because the administrator says “no.” The administrator would otherwise have let us negotiate contract terms at length for a visiting student the University had no interest in hosting. On occasion, faculty members or administrators with whom I have never worked before have approached me for help in solving a potential risk problem. Despite my giving them a supportive and responsive answer, sometimes including a range of options to reduce the risk, they kept pursuing their questions from other angles, to the point where I had to ask myself what was really going on. In most of these cases, the inquirers were omitting some quite important facts. They didn’t want to take a chance on being advised not to undertake an activity, but wanted to be able to say “Risk Management approved” in case things went badly. I learned to trust my gut in these types of conversations and to expand the conversation to include knowledgeable others (like the administrator, Chair or Dean) or, when it seemed really odd, to document the conversation and share the document with the inquirer. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice John M.: Understand your true “Total Cost of Risk.” When Gallagher was initially hired by the University of Colorado, Risk Management was handled by a number of different departments, and the University engaged a variety of outside vendors to help manage risk. Careful identification of internal and external risk management costs revealed an opportunity to consolidate and strengthen internal risk management operations, improve internal risk practices, and reduce reliance on outside vendors. While risk management salaries and expenses increased, loss costs and premiums dropped, saving the University multiple millions over the years. Make a concerted effort to understand your institution’s true total cost of risk, and think long-term about the ROI on your risk management initiatives. What I have learned through the years Good Housekeeping Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington We have a lot of affiliated 501(c)(3) corporations, including our captive insurance company. It’s important to manage them with best corporate practices, including business planning, financial and, if applicable, regulatory reporting, periodic risk assessment, compliance management and communication strategy. This not only protects the corporate veil, but gives the parent justified confidence in the integrity and usefulness of the corporation. The same People will “answer-shop” until they hear what they want. Risk managers need to be aware of that. How many times have you heard, “Well, Risk Management said we couldn’t do that!”? Ruth: The reputation of risk management, when it is done right, is developing into a “can-do,” all-purpose utility player. I have been assigned to stray projects: “Ruth—can you handle this project?” (Do the rest of you have the same experience?) Perhaps it is “the curse of being effective”—we end up with projects not typically under the scope of Risk Management. For example, at Maricopa a project called “Safe Place” sprang up. It assists at-risk, homeless youth who come to our campuses saying, “I need help” and are directed to shelters, etc. The Chancellor wanted our campus(es) to be trained on how to help such kids.. Risk Management was asked to do a risk assessment of this project, but upon filing the report, we were asked to implement the whole project! Chauncey: Risk management is really a lot of marketing! Work with the risk management staff and risk owners to develop confidence in their communications with various college personnel, such as business officers, department heads, etc. to share trends, issues and results. Call four that are doing well—and three that are not doing well— every week! A big opportunity in our jobs is to market to others what risk management is and how we can best share in the results and successes. practices may not be technically required for the institution’s risk management office itself, but if practiced, the consistency will most likely result in the same trust and confidence. Craig: Higher education itself is changing, and we need to pay attention and plan to adapt. The model of Cornell originally was “any person, any study,” “Our policy on workplace violence included a list of prohibited acts. ‘Commit suicide’ on campus was on the list. When presented to the faculty council, they bridled and claimed they had the ‘academic freedom’ to commit suicide wherever they wanted!” but in recent years we have had to drop majors and ally with other schools to offer programs. Where is the bang for the buck in certain majors? Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 9 Margaret: Do you think we’re headed for something like the European Bologna process for educational outcomes? [See http://www.ehea.info for more information.] John M.: A unified outcomes-based curriculum like the Bologna process still seems to me to be a ways off in the U.S. But some changes in verified educational outcomes may be needed. Luke: At the University of Chicago, Risk Management is moving toward more of a Treasury function while retaining those core operational risk management objectives. Operational risk and spending on insurance (compared with true risk tolerance, all the way up to the endowment level) may provide some savings via self-insurance. Treasury and Financial Services are together with Risk Management, and Compliance and Internal Audit are the third leg. have catastrophic limits only—how high can we take our retentions? Where will the additional cash come from to pay losses? Risk management, along with our parent institutions, seems to have some hard choices facing us in the near future. Ruth: Higher Education is a business. One of my schools was considering buying part of a radio station. We need to look beyond the traditional academic exposures. Institutions have to be creative about selling services other than “just” education. We just added a new college to our existing ten: Maricopa Corporate College, established in 2013. Its purpose is to assist local businesses with workforce development and training. That is a new revenue source: selling employee time to local businesses. The employees provide subject matter expertise. Cuyahoga Community College in Ohio was a pioneer in this area. Never forget that higher education is run (at least for now, and for the foreseeable future) as a business. As such, the role of risk management will be moving to more strategy than managing events. Risk Management is now starting to deal with acquisitions, medical networks, etc. Vince Morris: Risk Management is most effective when the risk manager has an intimate knowledge of the people and the processes at an institution. This is especially true when ERM is involved—integrating operational with strategic risks, and making sure there is a cohesive channel to the appropriate Board oversight committee, requires specific institutional knowledge. But, like accounting and purchasing functions, risk management’s main tasks are scalable, which means it could be a function that is shared with other institutions. That might be how extreme budget pressures are alleviated at some institutions. Margaret: Understand the “uniqueness” of your individual institution—and also how it is not unique. Private institutions all think they are so unique and special, but that is now changing under financial pressures. There are lots of conversations among CFOs about sharing services. Can Payroll be shared? IT? Accounting? Purchasing? Risk Management…?!?! John M.: Insurance will write different forms soon—multiple-year policies with standard-deviation expectations are coming soon. Clients have been overly conservative when it comes to financial capacity. They are buying too many policies, with SIRs that are too low. What are some of the top issues on which a new higher education risk manager may need to focus attention right away? What are your success stories and(/or!) advice on these? Craig: SIRs that are too low? Maybe. But our endowment’s output is already spoken for. We already 10 Joe: A Central Service Model may indeed be coming. It seems to be a good fit with Enterprise Risk Management. A unified look at risks yields central ways to manage them. 1. Workers’ Compensation Ruth: We found that moving workers’ compensation administration from Human Resources to What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice Risk Management saved significant dollars. The crucial thing that persuaded HR was that they were taking on additional responsibilities and didn’t have the time nor resources to fully manage our workers’ compensation program. Once Risk Management took over the workers’ compensation program, we were able to examine trends and address loss control issues and get employees back to work sooner. John W.: Risk Management was asked to assist Human Resources with Workers’ Comp when the x-mod grew greater than 1.0. On review of the loss run we determined that 95% of the dollars were within one VP’s area that included all the trades employees. Unfortunately, that VP tended to perceive safety and training as a time-waster for his staff. Since this VP wasn’t receptive to offers for assistance in reducing the claims frequency and severity, we put together a loss statement showing dollar savings by Vice President, and presented it to a meeting with all the VPs. It was obvious to the other VPs that there was a real potential for savings that they could use to increase their own budgets. We left that meeting with a commitment from the one VP to reduce his cost for workers’ compensation by partnering with HR and Risk Management to improve his employees’ ownership of their own safety. Eventually this VP became a strong advocate for workplace safety, including facilitating a series of train-thetrainers classes for his managers. As a result, we were able to reduce the mod down to 0.45! Doug Moore: We were able to make an impact when we showed Facilities the actual cost of workers’ compensation losses. We had data on temp workers, on lost days, and on lack of productivity. We showed them the pyramid of losses, which represented their true cost of risk, and we were able to effect lasting institutional changes. 2. International Travel Joe: International travel and program decisions are both common and often difficult. Assessing risks associated with international initiatives is critical, especially when it involves a significant Echoes from Outside the Tank: Specific Success Stories International Travel at Lipscomb University Kathy Hargis, MBA, Director, Office of Risk Management At Lipscomb, Risk Management has built a strong alliance with global studies and experiential learning. Risk Management conducts indepth training sessions for faculty, staff and students traveling abroad. We have also developed a specific emergency response team to respond to any issues that may arise during international travel. Collaboration and sharing relevant data is the key to building a successful relationship, not only with this one group but the institution as a whole. Risk Managers can impact change and influence results much more by thinking creatively, being intentional on strategic collaboration, and getting out from behind a desk. It is important to be visible. undertaking like opening a campus in a foreign country. We recently opened a campus in Qatar. Prior to construction beginning on our campus there, our risk assessment process identified construction safety and worker fatalities as significant issues in Qatar. We also learned lessons from other institutions involved in the process of setting up campuses in the region. We were concerned about the potential reputational impact that a serious injury or fatality on our construction project could have and made construction safety a top priority. The mitigation method we chose was to assign an external dedicated safety professional to the project to provide daily safety oversight. We completed an 18-24 month construction process with only minor injuries! It was our Enterprise Risk Management committee that instigated this. Ruth: Our radio station director asked for help. They wanted to follow “breaking news stories” in Mexico by sending institutional reporters and support. They had a $1.5 million grant on the line from Corporation for Public Broadcasting to Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 11 make this happen. We did a risk assessment and came up with 30+ risks! The major risk: hourly employees needing overtime! So we made them salaried employees. We obtained “special risk” coverage and other appropriate coverages. The program has been a success; we are now planning to open up a Mexico City News Bureau (Maricopa’s first permanent international location). Doug: Often our international travel is to challenging locations. That fits with the core mission for a Jesuit University with our emphasis on social justice. But this results in travel to countries with above-average risk profiles. For instance, we had significant (unregulated) travel to Tijuana: other international travel programs beyond study abroad and they created risk. We also noted that the administrator’s division had the best expertise to help manage it from an academic standpoint. This included the need for a process beyond students, one that included faculty, staff and other international travel programs requiring a wider scope of review! When the administrator engaged in this, he led the charge for broader supervision and training for travelers, including risk assessments for travel beyond study abroad. Our international travel insurance included payment for security experts to walk through itineraries with our program leaders for high risk travel locations, as well as “pre-travel” planning. Eventually Programs with overseas operations can confuse risk management with compliance. Their managers may think that if the institution’s self-insurance or domestic insurance program applies to the program, they are in compliance with local insurance laws. This is not necessarily true and may have unpleasant consequences for the faculty on the ground. groups were “just going”! We had calls coming in from parents: “Why are you allowing (sending!) my daughter/son there?” as Tijuana is notoriously drug- and violence-plagued of late. Initially we said, “Stop going there!” while we reviewed the process. A cessation in the programs was controversial; people said, “This is our mission!” Eventually we were able to put some parameters around trips. For instance, we agreed that participants needed to spend Friday nights on the U.S. side of border. On Saturday a.m. they would meet with local contacts; they would use walkie-talkies in cars; they would not go shopping in Tijuana on Sunday a.m., etc. We said, “If you can’t follow these criteria, you can’t do the program.” We got to “yes,” but it took some doing. The (temporary) cancellation took the program by surprise and it was a frustrating time. Ellen: As a result of Business Continuity Planning, we developed a risk assessment model for review of all international travel (beyond study abroad) and tied it into our emergency response plan. It took around eight or nine months to convince the administrator that there were many 12 the administrator formalized the process, with an approval system—that did not always approve every trip…! Craig: We developed a travel registry, an online database for tracking. It is mandatory for students, and an option for employees; about 10% of faculty typically refuse to register! During the Haiti earthquake, we had to call 145 departments to ask, “Who do you have in Haiti right now?” It turned out we had eight people there. We found and evacuated six; two were stragglers. That experience really pointed out our need for a registry and we sought to develop one afterwards. We started I-TART: our International Travel Advisory and Response Team composed of our Vice President of International Relations, Risk Management, General Counsel, Dean of Students, and Vice Provost. Others may be drawn in as needed—e.g., Chief of Police, Health Center, and Travel Safety Coordinator. In 2009 when elections went bad in Kenya, Risk Management at Cornell spent a lot of time moving a team to Uganda; we even hired a mercenary team to assist! What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice We rank destination countries by risk: solo students and students going to a “4” or “5” country (based on the Studio Abroad database framework) must go through special training. (In 2003–4 we tried to feed to our International SOS system from travel agencies, but we couldn’t make people register with the agencies we were partnering with.) Note: it is important to track holidays, elections, etc. that may cause problems for certain destinations! Joe: We found a travel registry to be helpful but sometimes cumbersome as a voluntary system. Ours works by interfacing with travel agencies to automatically feed traveler information into to the database. Risk managers should embrace technology as a tool to make it as easy as possible to register; otherwise people just won’t do it. The pressure is on the person at the institution who ultimately has to answer the questions, “Where are your people now?” “Do we have What I have learned through the years On Institutional Accountability Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington Large and decentralized not-for-profit entities often have trouble with institutional accountability. (For example, once a major project budget is approved, the project owner may feel entitled to spend every cent without regard for potential cost-saving measures.) Risk managers are in a great position to keep the institution’s larger interests front and center in every discussion and decision. I think of this as focusing on the destination of the institution’s journey, not the mileage. The incidental advantage is that the risk manager may have a more knowledgeable and persuasive voice with underwriters and rating agencies about the organization’s priorities and principles. people there?” Folks responsible for managing this risk are usually eager advocates of a registration system. In order to function more effectively, we need to move higher ed to a more corporate mentality: mandatory registration. It doesn’t work to say, “Do this to reduce liability to the institution!” That doesn’t matter to a typical faculty leader, etc. Luke Figora: The University of Chicago just rolled out its first travel registry. We had heard years ago from the compliance and audit committee that we needed this, but it was a real challenge to identify ownership over the initiative. So it sat as a to-do item, until now. 3. Board and Administrator roles John M.: How do you handle potential interference from a Board, or top-down decisions from a President or authority, that seem to come without consideration of risk issues? Craig: For one thing, VPs should not take charge of running a crisis response/EOC. There are other true experts for that. Troy: There’s one area where it’s crucial for your executives to know their true responsibilities: that is, emergency response. We provide them with a list of “Policy Group Functions” (a NIMS term) to help provide clarity on the strategic and policy issues that are truly where their greatest value is contributed in the response. John M.: But the Board does have responsibility for reputational issues, and operational issues can affect those. How can the Board “stay out of the weeds” when their own jobs are also involved? Chauncey: Use of excellent reporting, such as a balanced scorecard system, may help. We use a “3-3” report (showing the last three years’ activity, along with the next three years’ plan), which can enable a Board to see the value of a program, and keep them comfortable with Enterprise Risk Management processes. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 13 Ellen: A balanced scorecard can help you “stay honest” with the structure—the Board or key colleagues will ask questions and compare against prior years. It’s great when the Board is that engaged! Vince: Appropriate vertical tie-in, with operations reporting appropriately up to a Board member or committee providing oversight, is one of the principle aspects of successful Enterprise Risk Management. the group realized one of the consultants was seriously impaired. It was necessary for this “professional” to stay in the vehicle and not attend interviews. Troy: This quote helps me with HR issues: “I am 100% responsible for myself; this includes loving them, caring for them, coaching, etc. But I am 0% responsible for someone else: their reactions, their choices, their outcomes, etc.” Ruth: In cases of perceived Board interference, I would proceed directly to my supervisor and report it. Here it is important to have a process. “One director needed to be fired for several years. No one had the courage to do it. I did so but it took three days for him to get the message—he thought we were negotiating! In the long run it was better for him and better for the organization.” Chauncey: Yes, this happens periodically, but we have a process in place to prevent and manage it. “I hired an outside vendor for a project. After extensive vetting, search, contract negotiations, I had to fire an Administrative Assistant who stole. She threw herself at my legs, clung to me and said she had kids and an unemployed husband… it was a hard time. Luke: In the higher education world, the topic of minority-owned firms is quite sensitive. That is highly ingrained in the civic engagement efforts of the university. It is easy for misalignments to occur between the expectations of various stakeholders. This is an area where Board involvement might likely take place, and we should make sure to use firm and just processes on which we agree. 4. Hiring and Employment Joe: An IT project required us to use consultants. During the drive to another campus, “I had a vendor who I introduced to my boss— and the vendor got very, very sloppy drunk at the lunch. That didn’t sit well with my boss.” 14 “There was an instance I know of where a risk manager, in the normal course of business, moved the institutional business from one insurance broker to another. Unfortunately, an institutional Board member involved in the losing side of the account wrote a scathing letter to the CFO, a letter that contained accusations of racism and kickbacks involving the risk manager. The CFO called the risk manager into a meeting, where the CFO asked point blank if the allegations were true. They were not, and the risk manager said so. Fortunately, the CFO advised the risk manager simply to ignore the allegations and proceed; the CFO would deal with the situation and the Board member.” What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice What I have learned through the years Elizabeth Cherry: “Once position specifications are published, don’t deviate from them. On occasion, attractive candidates with less than the required experience or qualifications can tempt a hiring official to excuse some requirements. It will be a mistake. If fully qualified candidates aren’t found, it’s better to close the recruitment, use what you learned to revise the job title, specifications and/or compensation, and then reopen with a new posting. “It’s never been a waste of my time to do thorough reference checks, including claimed educational achievements. I’ve been surprised on several occasions that candidates lied about relatively mundane items.” etc. we hired one—but they didn’t work out. I had hired them, and then I had to fire them. Worse, the follow-on consultant tends to blame new problems on ‘previous-vendor hangover’.” 5. Claims Management Troy: It is important to learn quickly how to manage lawsuits in a way that applies human-ness and compassion. We had a student who broke her arm in a self-defense class. She lost the suit, and appealed, repeatedly. But we kept working doggedly during the whole claim to keep the bridge of communication open. She ended up satisfied—and even an employee of the college!— because of the way the claim was handled. Doug: Be proactive in claims situations! We had a female student hurt in self-defense class: injury, tears, a potential suit... Personal interaction and care from Risk Management avoided a lawsuit. On Complaints Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington In well over 90% of discrimination complaints we receive, simple failure of communications plays a part. By delving for the root cause, we often find opportunities for early resolution. Even expressing regret that something happened goes a long way to closing the matter. For example, we had a long-time, older employee who was laid off in a somewhat perfunctory way. She filed an age discrimination complaint and toward the end of her interview, she said she wished it hadn’t happened like that. It turns out she had actually been looking forward to retirement and had been happily anticipating a retirement party at which her decades of work would be acknowledged. Our investigator expressed appreciation for her many contributions and asked for permission to speak with the department manager, which was given. The manager was surprised that a retirement party was important to the former employee. Soon thereafter, a party was held and a complaint was withdrawn. Amending miscommunications or the lack of communication, along with a sincere apology, has also been the resolution technique for many tort claims. Ruth: Having access to public relations services is wise. After a shooting on one of our campuses, we notified administrators that PR coverage was available through our general liability insurance policy. Risk Management was seen as a valueadded resource for having this assistance in place. Luke: Early engagement with claimants is critical. Get the right person from the institution to come alongside an injured party in support. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 15 Outside the Think Tank: Specific Success Stories Ergonomics and Workers’ Compensation at the University of San Diego Barbara Schatzer, MBA, ARM, Senior Director, Risk Management, University of San Diego We were witnessing an increasing number of over-use and carpal tunnel injuries to office personnel and faculty. So Risk Management partnered with the Environmental Health and Safety office and the Procurement office to review current practices, and outlined a proactive plan to prevent/ reduce workers’ compensation claims. Steps in the plan include: • Articles on desk-related ergonomics, including simple diagrams of correct positioning, to be included in Safety, Human Resources and Faculty newsletters. • The topic will be included in the Fall Supervisor and Manager training sessions. • All messages will emphasize that the university cares about its employees and we want to prevent the development of injuries. • Procurement and EH&S will establish a showroom containing chairs, keyboard trays, What I have learned through the years David E. Pajak, MBA, DRM, ARM, Director, Risk Management and Chief Emergency Management Officer, Syracuse University 1. Focus on the quality of one’s relationships. The underlying relationships with colleagues, employees and service partners should be based upon trust and mutual respect; and 2. Have a clear mission, vision and values and communicate them so that people understand where they fit in and how they will benefit. 16 keyboards and rollerball mouse samples. These items will be available for staff and faculty to borrow for a testing period to assure their needs are addressed. Departments will be encouraged to wait until new faculty and staff are onboard before ordering new furniture. This will prevent ordering a “standard” chair that may not fit the dimensions of the new personnel. John M.: Early claims management is vital—use your resources. A university suffered a shooting on campus. Immediate reaction to their crisis response was very positive. The university was reluctant to trigger their crisis response coverage; the feeling was, “We have the situation under control.” After long, late-night discussions, the team made the decision to bring in a public relations consultant, who arrived early the next day. She proved very helpful in refining how the university engaged stakeholders and managed media expectations. (Gallagher was able to work with the carrier, who stepped up to the plate and tripled available crisis response limits; ultimately, no claims were ever filed.) The university continues to receive positive feedback about their caring approach to helping the community recover from this tragic event, and attributes this success to the assistance of the PR consultant. Understand the resources you have available and deploy them early. There are many examples of serious employment-related or other claims where risk managers forgot to report, reported late, etc. There is a tendency at colleges and universities, when things are very sensitive, to “keep it quiet.” Carriers describe tough claims where the institution went into shutdown mode rather than rapidly involving the carrier, as well as outside help. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: “This Is My Best”: Success Stories in Higher Education Risk Management :::::::: Eighty percent of success is showing up. —Woody Allen, as quoted in the New York Times, August 13, 1989 (“On Language: The Elysian Fields” by William Safire) How to Play the Game—and Win Soldiers who have been in war often describe their experiences as hours and hours of extreme boredom, punctuated by a few moments of intense activity, often with great fear. To describe the 180+ minutes of a typical baseball game, cynics who are not baseball fans might use the same language (except for the absence of great fear—unless perhaps one is a Cubs a percentage point off of the institution’s risk profile. Here is a selection of these winning hits. One of the nice things about higher education is that colleges and universities don’t typically compete against each other on the basis of risk management, so feel free to swipe any or all of these bases—first, second, third and home—for use in your own winning institutional scorebook. We learned the game is won with solid Base Hits—small, even simple ideas that turned out really well and shaved a bit of a percentage point off of the institution’s risk profile. fan). Likewise, Higher Education Risk Management is a steady business of contracts, insurance claims, waivers, hold harmless and indemnification clauses, and endless meetings—punctuated by moments of intense excitement, agitation, sudden emergencies, and advice urgently sought at the last minute and all too often ignored. Sometimes success in such a business is difficult to define. In a typical U.S. baseball season of 162 games over six long months before the playoffs, the teams are often so evenly matched that it is said “every team will win 60 games and lose 60 games; it is what you do with the 42 games in the middle that makes you great or terrible.” We asked our panel about the “42 games in the middle,” the ones that you might even win just by showing up. We learned that sometimes there are true Home Runs in the game of higher ed risk management, and we have a few of those to share with you. But more often, we learned, the game is won with solid Base Hits—small, simple ideas that turned out really well and shaved a bit of Home Runs Some of our Think Tank panelists told the stories of their own home runs: Margaret: For me a home run was establishing a National Incident Management System (NIMS) response team. (See http://www.fema.gov/nationalincident-management-system/training) The President got onto her radar (from AGB?) the importance of having an effective Emergency Response program. Many small departments (1–2 people) needed to be engaged in this process. Finally the President told my boss, “This needs to get done! These are the people who can make this happen!” and I was drafted. It helped that a new Chief of Public Safety had recently been hired who was an EM specialist. He also wanted to make some significant changes. Pulling down different URMIA templates, etc. was important (as was talking at length with Larry Stephens at Indiana University, a Risk Management veteran). We reviewed six or seven good plans from different Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 17 schools, and ended up with a short and sweet plan that could work. Around the fall of 2009, we developed a working collaborative team. We wanted our institution to be NIMS-compliant. Most people were cooperative, but the higher we got on the ladder, the more resistance we got to the training. Our first tabletop was a complete disaster! But finally we got it together and had our NIMS team. Craig: One big home run for us was changing “Slope Day”! At Cornell we had a long-standing student tradition on or near the last day of classes, involving live music—and massive consumption of alcohol. Several attempts were made to reduce the number of problems related to this event, which had grown out of control, but you can’t change campus culture overnight. When, for example, Cornell said no kegs were allowed, students buried them ahead of time, hid them in manholes, under couches set on the lawn, etc. The question became, “How do we manage the Slope?” We felt we had to do better than just to roll over drunks and make sure they were still breathing! Change takes time in higher ed. But we needed control rather than a free-for-all. We began with a few small changes: amplified music was allowed at first; Margaret: “Cornstalk” We had something like Cornell’s “Slope Day” each spring on the Monday before finals. It evolved into Cornstalk (the school’s athletic mascot was a “CornCob”)—a big party! It started out on a random place near campus, then nearer, then finally on campus. The administration admitted, “This is going to happen every year; let’s make it an official event on the schedule.” It eventually moved to the middle of the soccer field, with a concert, inflatables, non-alcoholic options (it was a dry campus), etc. The event became something that was both fun and controlled. 18 then it was moved inside a snow fence, then inside a chain link fence to control crowds. Eventually it became a concert performance event; no longer were high school students allowed. We also put a maze in place so those over 21 couldn’t get beer as quickly, and used armbands for identification—and further restriction on who had been served. Overall the event is much more in control than it used to be. Similarly, another event called “Dragon Day” had to be “converted” to make it sustainable also. The university has to respond to these kinds of things, as the students will do their thing either way. Doug: A home run for us was consolidating disability management and Workers’ Comp under Risk Management at USC. We identified a TPA (with Sedgwick), built a database for managing claims, and arranged a plan to manage payments (we used internal staff; that involved “a lot of sitting around tables drawing up maps of what we wanted to see”). We eventually figured it all out through trial and error. Employees liked it, and it worked well enough that recently we were able to move disability back to HR. Joe: Hospital Liability claims analysis and savings was a nice win for us at Georgetown. Following the divestiture of our hospital to a regional healthcare system, Risk Management initiated a claims reconciliation project to determine if legacy claims were allocated to the appropriate insurance policy periods. From a management perspective, this was important because if a claim was inadvertently placed in the wrong policy period it could impact the calculation of our self-insured retention. These policies had aggregate self-insured retentions for each year before the excess was reached. We spent a considerable amount of time arranging claims into policy years to determine when coverage applied, which helped us notice that loss dates were sometimes wrong. In a short time we analyzed 250+ claims; many had been put into the wrong policy years. By the time we were done with proper classification of the claims, the net gain to Georgetown was in excess of a million dollars. And we did not have to sue our insurance company for payment; the data was pretty straightforward and not easy to dispute. This whole exercise reinforced for me the importance of paying attention to details and asking questions. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice Chauncey: Our health benefits funds balance recovery is a wonderful success story for FCSRMC. Several years ago, a gap began to develop in the health benefits fund balance between allocations and rising claims. The fund balance dropped below the State of Florida’s safe harbor standard of at least two months’ claims. Stakeholders, internal and external, from all levels, had to be involved, and plan design changes, along with a wellness initiative, were introduced. The 2014 fund balance of $26 million is no less than four times the safe harbor requirements, and our annual increases have been less than the industry trend. Communication at every level was essential to this turnaround. Echoes from Outside the Tank: Specific Success Stories The Five College Risk Management Website (https://www.fivecolleges.edu/riskmgmt) Elizabeth J. Carmichael, Director of Compliance and Risk Management, Five Colleges Incorporated This may sound like I am trying to cram all of my risk management initiatives under one big umbrella, but it’s actually the management and communication of the initiatives that is the most critical element, the driving element behind the initiatives themselves. I realized early on that all the risk management information and knowledge in the world wouldn’t do our institutions a lot of good if it lived only in my head and I could only convey it in limited ways (e.g., through meetings or hard copy documents) to our staff, faculty or students. Communicating on these issues one-to-one also took an enormous amount of time, and it was clear that most communications could at least start off as “routine” (e.g., guidelines for a field trip). To broaden my reach and make the best use of my time, my most effective risk management initiative has been to develop an in-depth web site that serves as a risk management and compliance resource and an effective risk management communication tool. Starting in the year 2000, with the addition of a half-time assistant to the department (we were formerly a department of one: me!), I began to work on developing the Five College Risk Management Web Site. It was slow going—we had to learn the software (and IT kept changing the platform, which meant learning new software) and we were also learning how the web works—learning how to make our site interesting, useful and accessible. One of our first initiatives was to build the “field trips” pages, which, when completed, saved me countless hours of writing customized e-mails to faculty with instructions on field trip risk management. I could now simply send them to the web site, and ask them to call if they had any further concerns or questions. Fourteen years later we have a very robust on line presence, which is continuing to grow and improve. Critical initiatives that could only have been undertaken because we had the web presence include our on-line driver credentialing program and an on-line vehicle registration program. Our contracting policies and procedures were developed in and for a web environment—no paper copies exist. We did the same thing in support of international travel. We are now developing web support and tools for students to manage their personal risks as well as the risks for their college clubs and community service activities, including an on-line waiver process. The compliance site has been under development since 2011, and work is still ongoing. In conjunction with that, our team (Megan Valcour, Stacie Kroll, and me) are developing interactive training elements that will support our compliance and risk management process. I think what I love most about integrating the web into our risk management work is that we always have something new to consider, develop and adopt for our constituents. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 19 Consortium and Captive at Five Colleges Incorporated Elizabeth J. Carmichael, Director of Compliance and Risk Management, Five Colleges Incorporated The biggest “home run” that our four colleges hit (really, I’d call it a “grand slam”) was their decision to organize and manage their insurance and risk management through the consortium; i.e., to acquire professional risk management for the colleges. All of our wins have flowed out of that decision, including the formation of our captive insurance company, Collegiate Catalyst Fund, to help us better manage high level deductibles (another home run) and any number of singles and doubles (such as the driver credentialing program). Ruth: Implementing ERM successfully at Maricopa was a home run. I was asked by the newly-appointed Chancellor to take over the ERM process that Internal Audit had started. Over time we have developed a model program. We now offer multiple training options to help employees at our ten colleges and District Office determine how to identify and manage the risks and opportunities they own. It took five years to develop our program to the point of “success” for me, but now I feel good about it. Troy: We have had happy outcomes with our travel abroad safety implementation, as well as our internship policies and procedures, so in light of those it is hard to call a major disaster a “big success.” But our 2008 Tea Fire wildfire response at Westmont definitely qualified. As the massive fire raced toward us, within 25 minutes our shelter mobilization was nearly complete. In spite of major property damage (eight campus buildings lost; a million square feet of landscape; 210 neighboring homes destroyed), we had no human casualties. We had planned for this by testing our systems in advance. A good thing too: when we first exercised our wildfire safety plans, they didn’t work. A maxim in the world of emergency 20 management is that “Eighty percent of emergency response plans, when exercised, are found to have fatal flaws.” Certainly true of our initial test. But over the years we learned and refined—and when the reality test came, we passed with flying colors. Well, almost. Alas, while the fire was sweeping the campus, I suddenly discovered our kit keys and radio were unexpectedly unavailable; 355 days a year they are with me, but not that day. Caramba! Lessons: 1) expect the unexpected! And 2) use the resources you have! Afterward, orchestrating the claim for the Tea Fire took far more time than I could have imagined! 80-hour weeks for months on end. Still, it was certainly gratifying that because of our successful institutional response, in a whole-faculty meeting I was given a sustained standing ovation! John W: We hit a home run with our proactive “Cottontail Ranch” foot disinfection process. At a rustic camp environment, the heaters failed in the cabins when temps got “down”(!!) to 50°F in Malibu Canyon (yes, that’s cold for us in southern California!). To beat the chill, campers from a local K–12 district left hot showers running to heat their cabins. The sudden influx and volume of water caused the camp septic system to be overwhelmed. All the pathways to the dining hall from the cabins flooded with waste. Students were walking through effluent to go eat! By the time Risk Management arrived, the school district’s M.D. was on the scene as well. Our joint recommendation: disinfect all the students! We accomplished this by placing small tubs containing a water and chlorine bleach solution for students to walk through. I insisted on notification of parents, school administrators, etc. This sort of proactive suggestion helped the school district achieve a good outcome and positive long-term relations. Ellen: A home run is helping our Oregon public universities develop a Risk Management culture into an active program from what was essentially a budget account code for several of the universities. When I arrived in Oregon, I was surprised at the lack of risk management resources on campus at all levels. We now have an empowered and engaged group, with lots of opportunity to do our jobs and inspire colleagues to apply resources to better manage risk. It’s great to see the universities’ risk management What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice efforts evolve from a program shown on an accounting fund line into a growing and effective enterprise risk management program. Base Hits Home runs are impressive, but it’s often the steady background drumbeat of solid base hits that wins the ball game. Here are a few of our favorite little hits, in outline form only. But feel free to contact any of us for many more details about these small but effective items we’re proud of: 1.Ruth: we improved our defensive driving training and motor vehicle record checking system 2.Craig: media equipment kept being stolen; added “Sonic Shock” alarms 3.Doug: developed good contracts signing policy (a chain leading up to Risk Management for vetting/CFO signing); created templates too 4.Luke: developed “World’s Largest Scavenger Hunt” rules for one of the University of Don’t seek all the monumental successes only; also celebrate—and chronicle—the small wins. You can win the game with several base hits, not just a home run. Echoes from Outside the Tank: Specific Success Stories Resident Building Beds at the University of San Diego Barbara Schatzer, MBA, ARM, Senior Director, Risk Management, University of San Diego Situation: • As is true at many institutions, our residential buildings are used by a variety of summer programs • Some of these necessitate moving existing furniture temporarily to allow space for more occupants. • The time between summer programs and the fall move-in is very short. • Responsibility for bed assembly lies within Residential Life, and the assembly is done mostly by student workers. • There are at least three varieties of beds in the resident buildings. • As students move in they consistently rearrange the furniture and/or re-configure it (e.g., placing it on risers for more under the bed storage space). Results: beds may not be assembled correctly, resulting in collapse or other failure. Following an incident this semester, the above situation was brought into focus. The university responded with the following actions: • A notice to all residents asking them to notify their Resident Director if they had either reconfigured their bed and/or felt it wasn’t stable in order to prioritize an inspection and repair if needed. • Detailed descriptions of each type of bed, with pictures of proper setup, were distributed to each RD and RA. Copies of same were provided to Facilities Management staff who might be called in to make a repair. (This is not normally their responsibility, but it does occur.) • RD/RA staff were tasked with performing inspections of each bed by the second week of class. A secondary outcome of this incident is a better accounting for damages to resident halls during summer occupations, repair time allowance, and allocation of the repair costs to the hosting departments. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 21 Chicago’s most famous—and difficult-tomanage—student activities 5.Joe: found ways to use the ERM process as a positive narrative with financial institutions and rating agencies to highlight the value of What I have learned through the years On Project Management Elizabeth Cherry, JD, Executive Director, Risk Management, University of Washington I love task forces because their duration is limited and they have a very specific mandate. When we staff a task force, we propose a detailed project plan which concludes with written recommendations being made to the sponsor at a certain date. Then, unless a recommendation is for the task force to oversee implementation of the recommendations and the sponsor agrees to that, the work is done and the task force is thanked and dismissed. In our experience, busy people are very willing to work on specific time- and scope-limited projects. Committees, on the other hand, frequently underperform or outlive their usefulness, and often there is no one willing to volunteer that it is time to “Say goodnight, Gracie.” There should be an annual report of committee accomplishments and recommendations to the sponsor at the very least. Outside of the construction arena, the best project managers have no subject matter expertise; they are experts in delivering defined products on time and on budget. They rarely have a vested interest in the outcome and wouldn’t dream of administering the resulting program, and thus are highly credible and effective in the project phase. 22 ERM in informing the university’s decisionmaking processes 6.Chauncey: we developed an automated/ digitized accident/incident report form, which saves time for the Consortium, Colleges and the TPA 7.Troy: found a task management tool in 2009 that has fundamentally transformed my managerial capabilities; I’m able to juggle the urgent and the important much more effectively now: Toodledo (see Appendix B: Helpful Technologies). 8. Vince: installed GPS tracking devices on all college vehicles; received automatic text/ e-mail real-time notification of speeders and those outside geofences (permitted driving boundaries) so we could follow up 9.Margaret: established standard baseline conferences and events contracts 10.Luke: moved to very limited issuance of certificates of insurance—just a letter re. SIR/financials 11.Chauncey: we smoothed our claims handling by developing an attorney pre-approval questionnaire (w/pricing schedule) for our different attorney panels; attorney panels are reviewed annually 12.Ruth: reducing effort put into collection of routine certificates of insurance: trusting indemnification language in contracts instead 13.John W.: won small victories by focusing on “preventability”: 1) set strict standards on MVR acceptability for drivers, including charging points for preventable vehicle collisions; and 2) offered departments a smaller internal property loss deductible if they provided additional driver awareness training 14.Doug: made a deal: if departments are willing to undergo a security audit and address areas of concern, Risk Management will pay for their property losses without application of an internal deductible 15.Ellen: we performed property valuation spot checks/appraisal; saved $$$ on full appraisals, as well as normalized and improved the value of insured property What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice 16.John W.: switched system, so first reports for Workers’ Comp injuries are done by trained Public Safety officers 17.Doug: we too hired a trained accident investigator in the Public Safety department 18.Ellen: Our team did the work to create our NCCI rating (vs. state-assigned “1”) 19.Chauncey: learned to quickly engage the services of a forensic accountant for catastrophic claims! Essential in Florida, where cat claims are not a rarity for us! 20.Craig: Developed new student safety orientation video (note: student-led with student actors; needs refreshing every three years or so) 21.Luke: we kept having serious injuries from people tripping on doorway mats in med center; finally bought thick “unflappable” mats whose corners wouldn’t curl and become trip hazards 22.John M.: when clients who are self-insured for workers’ compensation add claims advocacy and modeling, they tend to save significant dollars 23.Chauncey: made change to the Certificate of Insurance request forms, adding two simple lines: “Who at the college gets a copy? To whom is this being sent?” The process is now automated 24.Margaret: we were experiencing several slips and falls in the dining services area, so we paid for “Shoes for Crews” footwear for employees; incidents went down 25.Joe: in response to increased demand for monitoring the safety of the Georgetown community traveling abroad, Risk Management led several initiatives to enhance Georgetown’s “safety net” and manage international risks in a comprehensive and consistent manner. (Peter Drucker’s famous quip, “You can’t manage what you can’t measure” translated for us to “You can’t manage the risk if you can’t map it!”) We collaborated with the Provost’s office to complete a foundational international operations survey to map out our program operations. The map served as a building block for developing our international risk management program, which now includes initiatives such as: a. b. c. d. e. agreements database (central repository) travel policy (developed collaboratively) travel review committee travel registry contracted travel assistance and evacuation service f. travelers resource web page 26.Several participants: digitizing (scanning; perhaps OCR) all paper files from cabinets tremendously reduces clutter and space needs, while greatly improving accessibility of information, especially for multiple people in different locations. Note: proper naming of files and folders for standard retrieval is key! “That Was The Absolute Worst!”: Things That Went Really, Really Wrong Some of our Think Tank participants’ most powerful lessons learned were based on painful experiences. Here are a few stories we shuddered over together; may they not happen to you. John M.: Need-To-Know Basis? You Don’t Need to Know The legal department at a large institution chose not to let Risk Management know early on of an employment claim developing; “It will probably be nothing and there’s no reason to file with the insurance company yet…” But the claim went south and developed into a very large, late reporting/uncovered claim. Doug: So That Idea Was All Wet Loyola Marymount University was building a new science building. Emergency showers were called for in the specs—but with no drains underneath—“not required by code” said the architect; but required by common sense! (The facilities folks sided with architect; to put in the drains would be a higher construction cost.) At USC nearby, vandals pulled safety showers all the time. It was not difficult to predict what would happen next. After hours of water flow… Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 23 Craig: Fuelish Assumptions Facilities always assumed that, in the event of a power outage, they had 48 hours of oil in the fuel tank to run the emergency steam/generation plant. But in order to reduce capital costs, the oil delivery company had reduced the regular standing quantity typically left in the tank. The power went out, the oil ran dry… research lost. Lesson: Don’t assume the information you had, has not changed! Ruth: They Shot the Sheriff We had a film school at one of our colleges that decided to make a short music video. They chose to shoot a “fictional” chase scene through downtown Phoenix, including scenes with a sheriff wearing pink underwear. (The depiction of the sheriff was not flattering.) The local county sheriff, well known for his unorthodox treatment of inmates by having them wear pink underwear, had recently “raided” three of Maricopa’s colleges and their District Office. Unfortunately the film school was unsuccessful in obtaining certificates of insurance from key groups involved in the production of the shoot. The outcome was that the college President cancelled the film shoot. Sadly, this meant that some students couldn’t graduate, as this was a required final project. A faculty member led a student protest: “Risk Management killed our film shoot—and my degree!” It was the night of a Board meeting, too. Eventually, the students ended up working on an alternative project and did graduate after all. But that was a bad time for us. Lesson: meet with leaders of complicated, interactive projects early on! John W.: “…And Not A Drop To Drink” On the first day of Freshman Orientation at our beautiful oceanside campus at Pepperdine, the water main to town ruptured. Unfortunately the reserve water tanks also had been drained through regular use before the water district 24 notified the community and our campus. The campus had no fresh water. The freshmen were issued small buckets, re-filled daily, to manually flush their toilets: “Welcome to campus!” It was an embarrassing and difficult time for all. Eventually, monitoring devices were installed in both water reservoir tanks on campus to provide us with extended warning times. Echoes from Outside the Tank: Specific Success Stories Captive Insurance at Five Colleges Elizabeth J. Carmichael, Director of Compliance and Risk Management, Five Colleges Incorporated Creating the captive insurance company, Collegiate Catalyst Fund, in 2004 to enable the colleges to effectively handle high-deductible insurance policies through self-insuring the policy retentions has been our most successful cost-saving initiative, saving millions of dollars for the colleges. Keeping all the data for the captive has also had a terrific benefit in that it has enabled us (and pushed us!) to closely track all our risk management expenses, supporting our TCOR project in good and unexpected ways. Small institutions can benefit as well as larger ones by taking on more risk, as long as there is a management process in place. An added benefit is that because the captive pays the claims, Risk Management is directly involved in the claims management process, not just the data management process. Our goal is to have our hand in every incident, claim, or potential claim on campus. This also allows us to communicate initiatives and/or best practices to our partners on campus. We have the opportunity for a learning moment every time a claim comes through our doors. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: “Lessons (I Wish I Had) Learned (Sooner)” :::::::: Experience keeps a dear school, but fools will learn in no other, and scarce in that; for it is true we may give advice, but we cannot give conduct! —Benjamin Franklin It is always easier and cheaper to learn vicariously, from other people’s hard-won experience and mistakes, than to make our own errors. Here are some of the most important lessons the Think Tank participants felt we had learned (are still learning?!) over time. 1. Risk Management does not own the risks! • RM assists others in managing their own risks! • Provide tools and processes for owners • Functional risk owners must manage their own risks Ruth: We must maximize opportunities and minimize risks. It is not the job of the risk manager to remember everything. Risk Management does not “own” the risks!! We are not the subject matter experts! We can’t know all the details of each individual risk from departments’ unique operations, but we should give tools and resources to risk owners to identify and manage their risks and opportunities. Joe: Give people a process to ask the right questions. Then help them find the answers. A major lesson is that Risk Management does not own the risks! – E.g., facilities with high workers’ comp loss rates – Risk management is about helping others get to “yes” John W.: Seek departmental ownership of safety! Once the carpenters competed with the electricians, etc. for better loss histories, they owned the risk and the battle was won. Luke: Some institutions have their compliance committees “tasking items out” to risk owners. The result: Risk Management needs to do internal education on the historical role of risk management, and where we see it going in future. Risk Management can’t own or manage all the risks—we need people buying in. (But sometimes there is a buy-in issue even within our own area!) Chauncey: Don’t forget to come back around to it a year or so later, to see what lessons are learned! Ellen: This truth means we develop risk management tools for others; for example, checklists with 35-50 items might help others think through the issues. 2. Managing the aftermath of a major claim is incredibly time-consuming • Anticipate travail! • Personal touch and care is essential in claims management • Get the right person to come alongside an injured party “We had a challenging claim situation, in which we could have settled the matter earlier Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 25 by paying more from our department. We extended the claim in order to save the funds, but in the process dragged a faculty member and others through a wearing process. I’m not sure that was the right decision.” 3. “Nothing ever happens 9-5 M-F!” (At least it sure does seem that way!) 4. Great ideas can be thwarted by internal political motivations. “We’ve got a good idea that is expensive at first but after a three-year payback period, it is profitable indefinitely. Everyone thinks it’s a good idea, but nobody can give us seed money because of conflicting internal political pressures.” 5.Handle employment issues with particular care! 6. Take advantage of available technological help! Troy: We were sued in 1999 over an asbestos case from 1963, and we had unfortunately tossed the policies that would have demonstrated that we were entitled to coverage! Margaret: We had a similar case, and we had kept our policies and were able to recover! 12. Among schemes of risk management ethics, the “greatest good for the greatest number” system ranks high. 13. Transportation risks are inordinately large and must be managed well. Ruth: There was a bad 15-passenger van accident before I came to the institution. The pitcher of the baseball team had played in the game; he was now driving—maybe tired? But in any case, tired or not, it happened that the van Be the first to share bad news, along with plans for next steps. “No surprises” is a good goal anytime, but it certainly helps maintain the confidence and continued interest of your insurer. If you later propose new terms and conditions based at least in part on the reported case, you’ll have established a basis for a real discussion. Chauncey: The 2004–2005 hurricanes taught us in the Florida System of the need for technology to streamline and make efficient a lot of our processes—there simply aren’t enough hours to manually do forensic accounting, data collection for claims, etc. With automation, closing out FEMA claims after a storm can be done in 20 minutes!!! 7. In need of “big bang savings”? Look to Workers’ Comp for most provable savings due to loss control efforts. 8. Foreign travel brings high levels of risk and must be managed well. 9. Ally with brokers and insurers who add value to higher education institutions. 10. “You can’t manage it if you can’t map it/ measure it” 11. Never throw away old insurance policies! 26 rear tire blew; two students died, many others were injured. More than three years later, the institution was still using 15-passenger vans. It took another three years to make changes. Ultimately the way we influenced this decision was with a deal: “If you get rid of your vans, you may keep the trade-in value and we’ll give you $35,000 each (from a dormant alternative fuel fund)!” And—voila! no more vans! (However, I occasionally get the call: “We can still rent or lease those, right?’) Craig: When a rental company offered to rent us 15-passenger vans, I told Purchasing not to use that company for anything! Chauncey: In our rental contracts with Avis, Enterprise, etc. we stipulate that no 15-passenger vans are allowed! What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice 14. “Don’t be afraid to get the critical thinker— or just plain critic—into the room. You won’t succeed by involving ‘yes-men/women’ only.” 15. Get the data to back up whatever happens— decisions that are made, recommendations going forward—don’t just make gut calls. None of us are good enough to always guess right without obtaining supporting data. 16. Higher Education Risk Management success depends upon consensus building and collaboration. 17. “In internal disagreements, general counsel often (always?) wins! Develop good relationships!” 18. Don’t be afraid to ask questions—never stupid 19. It is a fallacy to say that “safety” = “no losses” 20. Keep in mind a “good enough” standard—don’t let the perfect become the enemy of the good. 21. Learn how to navigate the politics of your institution! (and beyond…)” • sometimes you will win; sometimes you won’t • know which battles you are willing to ‘die’ for • a negative is an opportunity 22. Find and embrace administrators opposed to risk management; bring them on board! Ruth: “I added one of my greatest critics (one of my college presidents) to my ERM committee. Soon she was one of my greatest supporters.” 23. Learn to communicate simply, without jargon! Especially with non-insurance people, don’t use insurance terms of art! (IBNR, “waiver and estoppel,” SIRs, etc.) 24. “Sometimes you just have to make a decision and move on”—you won’t have complete and perfect information. 25. Exert influence with a carrot, not a stick. 26. Go into a meeting with two or three suggestions, not just one opinion. People love choice. 27. Don’t present a problem without also offering a solution. 28. Do not blindside people! No surprises! Boss should hear of a problem from you before others. 29. Don’t be surprised if investigating a risk situation is like peeling an onion: multilayered; it requires persistence to get to the central issues 30. It is important to note the difference between “certainty” and “confidence.” The former may not be possible, while the latter might be. It is a bit silly to list “only” thirty lessons learned— there are so many life lessons to include, and the more we do this job the more we learn. Take what is helpful, and make your own list! Echoes from Outside the Tank: Specific Success Stories Interaction with Student Life at Lipscomb University Kathy Hargis, MBA, Director, Office of Risk Management For several years, I have been working with Student Life, meeting with our RAs the first week on campus each fall. From a basic risk and emergency management presentation in the beginning, this has evolved into much more. We bring in the fire department to conduct hands-on fire extinguisher training. The RAs actually participate in extinguishing a fire, which is a huge hit and something they look forward to each year. We also involve our clinic folks to conduct training on AEDs and epi pens. We use this opportunity to work as teams on case studies: situations they may encounter during their time as an RA. This is an excellent opportunity to introduce risk management to a key group of students on campus, as well as to impart some key information pertaining to overall safety and emergency planning at the same time. Adding some creativity and fun to this event sets a very positive alliance between student life and risk management for their respective years at our university. Adding some food to the event never hurts too! [To paraphrase the film Field of Dreams: “If you feed them, they will come!”] Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 27 Echoes from Outside the Tank: Specific Success Stories West Virginia University: Breaking Down Traditional Workers’ Comp Barriers Michael J. Gansor, CPCU, AAI, ARM, AU, AFSB, Risk Manager, West Virginia University On July 1, 2013, West Virginia University (WVU) began a high-deductible ($250,000 per claim) workers’ compensation insurance program. A significant jump in the renewal premium for the guaranteed cost program with the incumbent carrier made the move to a high-deductible program the best option. Workers’ compensation insurance programs are the responsibility of Human Resources at many institutions, and that is how it was at WVU. That remains the case today; however, other WVU departments are working closely with Human Resources to maximize the program’s performance. This was not always the case. Human Resources receives and administers all reported workers’ comp claims. Their focus is on treatment of the employee in hopes the employee can return to full duty as soon as possible. Environmental Health & Safety is responsible for development and delivery of campus safety programs. Central to this effort is training, designed to reduce or eliminate employee injuries. Risk Management is concerned with selection of the insurance broker; identification of the insurance carrier; premium negotiations; analysis of claims reports; and other financial and administrative functions. These three areas of responsibility created the traditional “silo” environment, and the associated barriers had to be removed in order to operate a successful high-deductible program. Risk Management was the logical department to facilitate this effort, and the progress after the first year has been impressive. There is one common objective for all parties involved with the workers’ compensation program: to reduce the frequency and severity of our workers’ compensation claims so fewer employees are injured, less work time is lost, and program expenses are reduced. In order 28 to accomplish this objective, communications were established between Risk Management, EH&S, Human Resources, the insurance broker, and the insurance carrier. Collaborative efforts began, the silos were breached, and past barriers began to come down. A number of initiatives were begun, including the following: • Periodic meetings were scheduled to identify program goals and objectives • With each subsequent meeting, progress was charted, and new goals were added as necessary • Separate quarterly claim reviews of the largest claims were held to address areas of concern • A reporting structure for claims was developed to enable the focus of loss control efforts on problem areas • Areas with the most claims were identified • The type of work or activity with the highest number of claims was identified • Reports have been developed that make it possible to identify claim trends by department and job activity • This information was used to develop safety training programs designed to reduce employee injury • A campus awareness campaign is being developed to emphasize working safely • This message will be delivered to employees in a variety of media options • The importance of reducing claim reporting lag-time has been emphasized • Increased efforts have been made to find viable return-to-work options for eligible employees This teamwork approach between all parties involved with the workers’ compensation insurance program at WVU has opened lines of communication. Information of importance to members of the team is exchanged freely and quickly. The results of this approach resulted in a first-year projected premium reduction after all claims are paid of approximately $335,000 when compared to the premium for the guaranteed-cost program of the previous year. Fewer employee injuries, a reduction in lost work time, and increased savings in workers’ compensation program expenses are all projected for the future. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: “Every New Risk Manager Should…”: Writing Your Own Good Story :::::::: Knowledge consists of knowing that a tomato is a fruit, and wisdom consists of not putting it in a fruit salad. —Miles Beresford Kington, British journalist, musician and broadcaster, in The Independent, March 28, 2003 None of us started out as risk managers. Few of us even started our working careers in this profession—maybe not even in this field. It is heartening to see more and more formal undergraduate and graduate programs in risk management at several schools, with students graduating with the intention and many skills to start out doing risk management right away. But most of us, at one time or another, found ourselves wishing for “the missing manual” of risk management—how do we do this job, anyway? There are so many variables, things to know, things up—while still having the time to do the essential elements of the job! Unfortunately, no one was able to suggest methods for actually expanding the day to 25+ hours… Ten Things to Read 1. Social media: institution’s accounts (Facebook, Twitter, YouTube, etc.) 2. Wall posters, etc. to see what events are advertised for your institution The Think Tank participants “carved” two basic categories: ten things that a beginning risk manager should read (and pay attention to), and ten things he or she should do. to keep track of—sometimes some fruit salads do take tomatoes. How can one person possibly accumulate the knowledge and the wisdom necessary to do this job properly? We asked our panel what they would advise every higher ed risk manager to do to acquire that essential knowledge and wisdom—what would be the “Ten Commandments” they would lay down as law? The Think Tank participants actually broke our question into two basic categories: ten things that a beginning risk manager should read (and pay attention to), and ten things he or she should do. Here are their nuggets of advice. We meant to list them in rough priority order, but there was a friendly difference of opinion on our panel concerning which was most important—and, indeed, if one person could actually do and read all these things to keep 3. The student newspaper (and other literary publications) 4. Both the agenda and the minutes of governing board meetings 5. Your institution’s strategic plan and business model 6. Daily incident log from Campus Police/Public Safety 7. Regular alerts and hazard maps a. NIXLE (local police and schools safety notification system; signup required: http://www.nixle.com) b. OSAC (U. S. State Department foreign travel warning and security update system; membership required: http://www. state.gov/m/ds/terrorism/c8650.htm) c. Severe weather alerts (real time; search by zipcode at http://www.weather.com) Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 29 d. U.S. Geological Service Earthquake map (updated in real time: http://earthquake. usgs.gov/earthquakes/map/) e. National Hurricane Center (http://www.nhc.noaa.gov) f. U.S. Drought Monitor (and proxy wildfire predictor; updated every Thursday a.m.: http://droughtmonitor.unl.edu) g. Smithsonian Global Vulcanism Program (monitors volcanic activity worldwide; updated every Wednesday evening: http://volcano.si.edu/reports_weekly. cfm) 8. Your own institutional information a. Website—revisit regularly to keep up with current news b. Annual Form 990s (required “tax” and financial filings for private institutions; Ten Things to Do 1. Practice “MBWA”: Management by Walking Around 2. Don’t be afraid to ask questions! If you don’t know, say so and follow up! 3. Pizza and donuts go a long way toward good relationships. “Feed them” when you have meetings! 4. Community relationship maintenance (including connecting with peers from other higher education institutions in the area) is important. Keep it up! 5. Host regular meetings, and become an expert at leading good ones 6. Prepare in advance some “If I only had five minutes with…” risk management presentations for different cohort groups and set- Ruth Unks, Maricopa County Community College District: “You’ve got to get out there and meet people. With ten colleges, we’ve got real issues of decentralization. I’m in the District Office and don’t see students very often. When someone calls and says, “We have an issue,” get out of the office and go see them! They appreciate it, and you see your customers in their environments. one place to find them is at http://foundationcenter.org/findfunders/990finder/) c.Budget d. Planning documents 9. Insurance company and broker publications a. Large loss reports b. RiskTips, monthly Gallagher Higher Education Practice publication c. Claims summaries 10.All your institutional insurance policies! (It is always shocking to learn how many risk managers don’t actually even read the documents their institutions pay thousands—millions, sometimes!—of dollars to obtain.) 30 tings: students, employees, new hires, faculty, Board, parents, Deans, VPs, etc. 7. Be involved in continuous learning a. Seek advanced degrees b.Certifications c. Volunteer for association leadership/ boards 8. Hire carefully! a. trust your instincts/impressions on potential hires b. hire for career aims rather than a paycheck 9. Communicate regularly and in multiple formats what Risk Management is/does 10.Become known for the quality, completeness—and brevity!—of your reports, both written and oral. People really, really appreciate that. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice Echoes from Outside the Tank: Specific Success Stories Chapman University eWaiver (http://www.chapman.edu/faculty-staff/riskmanagement/waiver.aspx) Allan F. Brooks, M.A., CPCU, ARM, ARe, AU, Director, Risk Management, Chapman University In 2012 Chapman University Risk Management made the decision to deal with the universal frustration experienced by students, staff and faculty in creating, signing, and storing waiver forms for voluntary participation in activities and events. Over the years we have used either a Word document or PDF template that could accommodate some minor customization, but that did not address all of the various frustrations associated with this process. I think that most of us understand that the effectiveness of a generic, all-encompassing waiver form is very limited. A good waiver should contain the elements of assumption of risk, waiver of liability, hold-harmless and indemnification language. To be effective, each form should be a one-off, reflecting the unique element of the subject activity or event. So, in 2012 we decided to enlist the services of our Information Systems & Technology (IS&T) people in the development of an electronic tool. The goal was to create a tool that allowed authorized parties to create a custom waiver that would be reflective of the unique characteristics of each event. What we did was fairly basic; taking the boilerplate wording of our current form, and embedding that into a program that allowed certain fields to be custom entered electronically. Those fields included: 1. Name(s) of sponsoring entity/entities. This item ranges from Recognized Student Organizations, to University Departments, to Academic Departments, with a separate category for Faculty-led field trips. Multiple sponsors can be used. 2. Title of Event 3. Event Start Date and Time 4. Event End Date and Time 5. Event Location(s) 6. Activity Risks. This is one of the more critical customizations. This is where the user enters the hazards unique to their event. The end result is a final waiver form, or EWaiver as we call it, than can be immediately deployed. The next efficiency that we wanted to address was deployment. So each new eWaiver is housed as a unique URL, and this URL is created with the final approval of each eWaiver. As a control mechanism, we have designated certain persons as “Submitters” with the authority to create or submit an eWaiver to the system, but not to approve it. A more limited number of persons are designated as “Approvers.” They review the draft eWaivers, edit them if necessary, and then approve them for use. Once that approval is granted, the unique URL is created, and the system automatically e-mails that eWaiver’s usable URL to the Approver. The event organizers will include the URL in any communication of the event, or can insert it in any marketing materials. The unique URL is all that participants need to link to the eWaiver, to review it, and to sign it. The signature requires that the participant log in to access the form, using their official University login, which then authenticates their identity. If the participants are minors, the system recognizes that status, and provides them an opportunity to enter in the e-mail of their parent or guardian. The system will then automatically e-mail a PDF of the Waiver form to that individual, for signature. The recipients can either sign it and e-mail it back, or fax it to our eFax number, so we have it in PDF format to attach to the record. We do that by uploading it to the record for that specific event. So, presto, we have all signed waiver forms electronically, with no collection or storage of hard copy forms. At that point, with the electronic signature of the participant, the eWaiver becomes a reality. The participant is automatically e-mailed a PDF of the signed eWaiver. The system creates a log of all signed eWaivers, specific to each event, and those with approval can log in and click down to the details of each signed form. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 31 There are times when a hard copy is needed, such as for those events where participants do not preregister. They can either log in from their mobile device, or sign a hard copy. Those hard copies are scanned in bulk and uploaded to the record for the event. So while there is some paper at the front end, by scanning we eliminate the need to file the hard copy for the long term. Event organizers can log in to the system, click on their event, and produce a full roster that identifies all persons who have signed the eWaiver. This helps in estimating participation and planning on resource needs. The eWaiver also collects emergency contact information, which is especially helpful for out-of-area and overnight travel. We made it especially easy for faculty to create eWaivers for their faculty-led field trips. They do not need to be trained or be entered into the system as authorized submitters or approvers. Based on their login credentials, the system allows them to create and approve their own waivers in one step. This system has been a great success. The entire university community loves it! We engaged Student 32 Life in the early discussions, and they supported the concept from day one. Once we saw how well it worked, we introduced it to faculty as a required replacement for their outdated paper process. That took only one brief meeting with the appropriate vice chancellor. The system addresses the risk of using poorly written waivers or lost waivers due to failure to retain in storage. We found that many student organizations kept the waivers in their car trunk for a few days, then threw them out! That does not happen anymore; these are retained on a network server that receives routine backup. The cost of the project was only that which could be attributed to the time of staff in creating the tool. One programmer worked on it intermittently, between other projects, so I do not even have an allocation of hours spent. It was not charged back to Risk Management, so we do not have a cost to report. An approach like this can be deployed by schools of all shapes and sizes. For more information, including access to our PowerPoint training material, see this website: http://www.chapman.edu/faculty-staff/ risk-management/waiver.aspx What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: Essential References for Higher Education Risk Management :::::::: Knowing I lov’d my books, he furnish’d me From mine own library with volumes that I prize above my dukedom. —William Shakespeare, The Tempest, Act I, Scene 2 An African proverb says, “The death of an old person is the burning of a library.” But we humans have an advantage the library does not: we can actively seek out others, both to glean their knowledge and to share our own. Our Think Tank participants discussed several reference works, articles, subscriptions and websites that we consider “standard works,” most helpful to our own success and essential for the library of a higher education risk manager. While this is by no means a complete list (and your favorite may have been omitted!), here are a few of the most important to our team: Blanchard, Ken. Raving Fans: A Revolutionary Approach to Customer Service. William Morrow, 1993. How to turn your “customers” with low expectations into satisfied “raving” fans with great bottom-line effects. Books Jones, Richard B. 20% Chance of Rain: Exploring the Concept of Risk. Wiley, 2011 (2nd ed.). Accessible introduction to concepts of risk, analysis, and management, with practical examples and no overdose of mathematics. Abraham, Janice M. Risk Management: An Accountability Guide for University and College Boards. AGB Press (a joint publication of the Association of Governing Boards and United Educators RRG), 2013. Delineates board responsibilities for Enterprise Risk Management, committee by committee, with sample checklists and guidelines for who should take ownership of which risks. Bernstein, Peter. Against the Gods: The Remarkable Story of Risk. Wiley, 1998. From Greeks rolling sheep anklebones, through Lloyds’ coffee-house-cum-insurance-giant, to statistical probabilities and analytics and the modern stock exchange, this well-written history of risk is informative and highly entertaining. Insurance and Risk Management Institute (IRMI). Glossary of Insurance and Risk Management Terms (IRMI, 2012). For those times when you might need a refresher on what, exactly, “waiver and estoppel,” “The Jones Act,” “the hammer clause” etc. are all about. Kaplin, William, and Barbara Lee. The Law of Higher Education. Jossey Bass, 2007 (4th ed.; a 5th ed. Student Edition is also available). A summary and overview of laws and court rulings on higher education; an essential reference work, with chapters on Faculty, Students, Community, etc. Good indices. Kotter, John P. Leading Change. Harvard Business Review Press, 2012. Bestselling business book gives eight specific steps for managing positive change. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 33 Lake, Peter F. The Rights and Responsibilities of the Modern University: The Rise of the Facilitator University. Carolina Academic Press, 2013 (2nd ed.). Recently revised and updated, this is a definitive review of legal issues applicable to higher education in the U.S., covering health and safety, the in loco parentis doctrine as currently applied, wellness, judicial rulings, legislative and regulatory mandates, also—sadly—chronicling the rise of “Compliance U.” Mattimore, Bryan W. 99% Inspiration: Tips, Tales, and Techniques for Liberating Your Business Creativity. American Management Association, 1993. An overview of both theory and technique of creativity, with proven ideas to unleash yours. Ropeik, David, and George Gray. Risk: A Practical Guide for Deciding What’s Really Safe and What’s Really Dangerous in the World Around You. Houghton Mifflin, 2002. An excellent chapter-by-chapter analysis of commonly perceived risks, from microwaves to mad cow disease, nukes, cell phones and more. A fine introduction to thinking scientifically about risk. Subscriptions • Chronicle of Higher Education: the bible of what goes on in higher education; pretty much a must-read in either print form (weekly) or digital (weekly, with daily excerpts, updates, and tailored content): http://chronicle.com • Inside Higher Education: website and daily e-mail update on the state of the higher education “industry”: https://www.insidehighered.com • Business Insurance magazine (particularly helpful for information on brokers and insurance carriers): http://www.businessinsurance.com • Risk Management magazine (a RIMS publication): http://www.rmmagazine.com/ • Risk & Insurance magazine (LRP Publications): http://www.riskandinsurance.com • Kiplinger Letter (depending on your responsibilities—this might be too finance-heavy for some: http://www.kiplinger.com) • The Wall Street Journal (http://online.wsj.com/ home-page) for business information • The Economist (http://www.economist.com) for world news Associations and Memberships • The University Risk Management and Insurance Association (URMIA): highly focused on higher Echoes from Outside the Tank: Specific Success Stories Self-Insuring Workers’ Comp at Johnson County Community College Tom Clayton, Director: Insurance and Risk Management When I arrived at Johnson County Community College in May 2000, workers’ compensation claims were managed in Human Resources. The only responsibility I had related to workers’ compensation was to purchase the workers’ compensation insurance policy. On different occasions I mentioned to Human Resources that I would be willing to take over the day-to-day management of workers’ 34 compensation claims. Human Resources was not doing a bad job managing work comp claims, but to my way of thinking it didn’t make sense to have that function within Human Resources. It took some time, but they finally took me up on my offer around 2003. At that time our MOD factor was .97 and we purchased traditional first-dollar coverage for workers’ compensation. After closely studying the option for a few years, we made the move to self-insurance in July 2008. Since that time we have enjoyed significant premium savings that have allowed us to build a healthy workers’ comp reserve fund, and we are also proud that our current MOD factor is now at an enviable .56. What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice education risk management and extremely helpful: https://www.urmia.org/urmia.cfm • Risk and Insurance Management Society (RIMS), the big granddaddy of all risk management organizations: http://www.rims.org/ • Public Risk and Insurance Management Association (PRIMA), especially tailored for public entities: http://www.primacentral.org • Association of Government Risk and Insurance Pools (AGRIP), for those institutions involved in such pools: http://www.agrip.org (warning: steep $ reported) • The Higher Education Compliance Alliance, to help with the myriad compliance responsibilities facing an institution: http://www.higheredcompliance.org/ Mentoring Relationships • Monitor the URMIA listserv; use the “Ask a Risk Manager” feature and/or seek a mentor there. This has been tremendously helpful to many of us. • Seek a mentor within your own organization, sspecially re. culture and “who’s who” Other References and Affiliated Groups • IRMI (http://www.irmi.com): founded as the International Risk Management Institute, Inc., IRMI provides good manuals, white papers, newsletters, commentary etc. on all matters related to insurance, legal, and risk management issues. Some of the best library reference resources for a risk manager are available from IRMI. • CSHEMA (http://www.cshema.org): the Campus Safety, Health and Environmental Management Association—lots of good information on EH&S and an important partner to risk management • OSAC (https://www.osac.gov/Pages/Home.aspx): The Overseas Security Advisory Council of the U.S. Department of State issues regular warnings, information, guidelines and other helpful information on a regular (daily, weekly, etc.) basis to member higher education institutions (membership is by institution but is relatively easy to obtain). Well worth the time for the security and safety insights for schools running travel abroad programs. • NACUA (http://www.nacua.org): the National Association of College and University Attorneys represents another group with which risk management is often allied • ACUA (http://www.acua.org/): the Association of College and University Auditors often works closely with risk management, especially at institutions where Enterprise Risk Management is implemented or under consideration • CUPA-HR (http://www.cupahr.org): The College and University Professional Association for Human Resources often combines forces with risk management on matters of employment liability, workers’ compensation, employee health insurance and other issues • Educause (http://www.educause.edu/): The higher education information technology association— collaboration with risk management on issues of cyber risk is key ::::::::::::::::::::::::::::::::: “... and they lived happily ever after” As we gathered over the conference table on a cold February day sharing stories and experiences dealing with risk challenges, I found myself thinking, “I am having a ‘get the spoon’ moment.” In McLaughlin family lore, a “get the spoon” moment is when someone is about to share some advice. It stems from a story my father would tell us as young children when he thought a productive learning moment was at hand. It went like this: a grandfather and granddaughter were setting the table for Thanksgiving dinner. The young girl picked up a serving spoon and looked into it, exclaiming, “Grandpa! The spoon is just like a mirror, except everything is upside down!” Grandfather reached across and gently turned her wrist, so that things appeared in the spoon right-side up. He noted, “Sometimes the difference between things being upsidedown or right-side up is a simple twist of the wrist.” What struck me in these conversations was that we were benefitting from proven success stories that had been through evolutions—iterations refined repeatedly until they worked well. Few of the solutions presented were the first attempts. The benefit here in this abbreviated document is that we all benefit from distilled learning. What excited me about these moments was the understanding that I was hearing Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 35 accumulated knowledge—and wisdom. We hope we have captured some of that for you—and we hope you are not discouraged if you too face several iterations before you find the solutions that work for you and your institution’s challenges. Just “get the spoon” and keep turning your wrist, until things turn rightside up for you, too. I would like to thank all of our colleagues who shared their time and experience for this project. Without you and your support, this paper would not be possible. I would like to recognize and thank my colleagues, Vince Morris, who shouldered the majority of responsibility for pulling this paper together, and John Watson, for his valuable editorial contributions. their stories, for the benefit of others. We’ve been privileged with the responsibility of bottling for you their distilled wisdom, developed and refined over many years. We hope you find these lessons beneficial to you and your institution, and worthy of adding to your library of risk management lore. John McLaughlin Managing Director Higher Education Practice Arthur J. Gallagher Risk Management Services, Inc. One of the joys of working in the higher education field has been the opportunity to collaborate with professionals so willing to share their experience, 36 What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: Appendix A: Best Habits for Each Stage of Risk Management :::::::: The Think Tank team suggested three different phases of risk management: new, intermediate, and mature, and suggested different primary tasks for each stage. Here’s how we think you will find success at each stage: A. New Stage: The new risk manager, or one new to higher education, needs to: 1. Develop job-specific critical technical skills: excellent written and oral presentation skills; reading and understanding insurance policies, financial statements, contracts, waivers and releases, use of appropriate software 2. Develop good habits: time management, work/life boundaries, courtesy and efficiency in content and timing of communications, excellent listening skills 3. Understand institutional finances: budgeting, funds control, prioritization, use 4. Understand who you report to: meet their needs, speak their language and help them succeed 5. Understand the institutional story (history, uniqueness, future plans), so you can tell it in a way that helps brokers and underwriters place your policies 6. Learn appropriate professional behavior: “Be the first to leave the bar, not the last”; dress codes, meeting protocols (become good at leading meetings effectively—people really appreciate that) B. Intermediate Stage: After a few years of learning the ropes, you should: 1. Develop and communicate the risk management reputation: develop distinctive mission, vision and values, a reputation for probity and responsiveness, and a clear message of how you help others and the institution 2. Develop additional technical skills: seek certifications, continuing education (e.g., ARM, CRM, etc.; MBA? other degrees and proof of mastery), specialized skills (e.g., GIS, coding, use of RMIS systems) 3. Practice public communication: speaking, writing, starting to “give back” to the profession 4. Become a facilitator: spend a higher and higher percentage of your time helping others succeed 5. Become well known as a collaborator: Work with teams toward group goals C. Mature Stage: to maximize your higher education risk management career potential: 1. Continue learning! Make it a lifetime commitment 2. Avoid stagnancy and complacency: try new things in professional and personal life; take appropriate risks 3. Become a visionary—seek strategic solutions, working beyond operational risk management, and sharing with others your visions of a potential future 4. Become a mentor: help less experienced risk managers grow and succeed Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 37 :::::::: Appendix B: Helpful Technologies Several of us at the Think Tank regularly use many of these tools for enhancing our workplace effectiveness. These are not meant to be promotions—there are other, perhaps better, solutions in each category, and we aren’t selling stock in any of these (and we may have missed your favorite). But some of us have found the following to be quite helpful: 1.Productivity a. Toodledo (http://www.toodledo.com): to-do lists on steroids—especially valuable are the sharing, assignment and reasssignment, and prioritization functions that allow task management across a staff b. EverNote (https://evernote.com): cloudbased document management, including notes, links, voice memos, etc., synchronized and available on each logged-in device (seamless from computer to phone to tablet, etc.) c. Audible.com: audiobooks; free business content d. Success magazine (https://subscriptions. success.com): online tips, CDs, etc. with ways to be successful, suggestions for working across generational lines, etc. 2. Presentation Software a. Visio: diagramming, vector program (part of the Microsoft Office family) allowing great flexibility and detail in charts, diagrams, etc. b. Prezi (http://prezi.com): flexible, creative and eye-catching alternative to PowerPoint, etc. (note: hosted web! Be careful of unprotected/proprietary data) 3.Collaboration a. SmartSheet (http://www.smartsheet. com/coordinate-anything-4): project management and collaboration tool: file sharing, Gantt charts, etc. 38 :::::::: b. GoToMeeting (gotomeeting.com): group conferencing, presentation, and screen sharing c. Box (www.box.com): secure file sharing and cloud storage. See also DropBox (www.dropbox.com)—but: be aware of possible risks re. shared folders & permissions, version control d. GoogleDocs: document sharing/joint editing capability, but: possible privacy and security risks e. XMind (www.xmind.net): collaboration, brainstorming, mindmapping tool f. Join.me (www.join.me): simple, fast, remote screen-sharing solution 4.Search a. Bing! maps (www.bing.com) Esp. aerial photographs—may have better resolution than Google (w/bird’s-eye view); Microsoft account required b. Google Advanced Search on .edu extensions—use “site:edu” or select option from advanced search page to limit searches to higher-ed-specific domain names 5. Risk-Management-Specific Tools a. Travel tracking software (e.g., Terra Dotta www.terradotta.com): keep track of all your institutional travelers, or at least the ones who register b. RMIS (e.g., RiskPartner): a “Risk Management Information System” is much more powerful than a spreadsheet or basic database system—it integrates claims, policies, property lists, and many, many other aspects of risk management c. Notification systems (various types— reverse-911, automatic texting, e-mails, etc.) One good idea: for Public Safety/ campus police/others in control: have a What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice browser tab opened every day, ready to go ASAP to save time logging in to the campus notification system) d. Emergency Management Tools (e.g., Blackboard—aspects of it, anyway); FrameworkEd, WebEOC (especially for publics; integrates directly with municipal/county systems) e. Training (e.g., Canvas: https://www.canvas.net) delivered online; several software programs and systems do this with varying degrees of complexity and cost. Risk Management must multiply our efforts via training many others, and doing so online is becoming a necessity f. Claims management systems (probably not needed for small schools with fewer claims; can be essential for big schools) 6. Other Tools a. Twitter feeds from essential web pages (www.twitter.com) b. SurveyMonkey (www.surveymonkey. com): fast, easy surveys, results reporting Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 39 :::::::: Appendix C: Death of a Student: Best Practices All our Think Tank participants agreed that one of the saddest aspects of managing institutional risk is dealing with the occasional death of a student from our institutions. Whether the individual dies of disease, accident, suicide or some other reason, there are a series of difficult tasks that must be accomplished with care and sensitivity. The statistical frequency of such an event dictates that each institution should have a prepared plan of action in order to take all appropriate measures, avoid offending grieving family members, enable assistance to other students and employees, and generally make sure things are done “decently and in order.” Our participants noted they are occasionally surprised to learn of institutions that do not yet have such checklists in place, and the group agreed we should include a version here. While guidelines will vary from institution to institution, below is a sample checklist to consider or to use as a baseline. May you need it rarely, indeed. Sample Checklist In the Event of A Student Death Policy When any institution office is informed of the death of a student, it shall immediately notify the Office of the Vice President for Student Affairs. All follow-up activity will be coordinated by the Office of the Vice President for Student Affairs and is responsible for coordinating the following procedures upon notification of a student’s death. Definition(s) • Estate: The property and possessions of a deceased person, and the person(s) entitled to its ownership. • Executor: Personal representative of the estate of the deceased student who is legally empowered to handle the business of the deceased. • Family: Spouse, parent(s), children, guardian, or next of kin. 40 :::::::: Procedure In the event of the death of a student, each of the following named offices will be responsible for the following: Office of the Vice President for Student Affairs 1. Notify each of the following department(s) of the death of the student, and coordinate procedures for follow-up (names and functions of departments vary by institution): a. Accounts Receivable (indebtedness to the institution) b. Academic Advising (advising record) c. Alumni Relations (alumni records) d. Athletics (intercollegiate athlete) e. Counseling Services/Chaplain (support) f. General Counsel (legal issues) g. Housing (personal belongings) h. Information Technology (access to systems) i. International Services (foreign students/ traveling students) j. Intramurals/Athletic Services (lockers) k. Library (library books/fines) l. Media Relations (publication of death/ media requests) m. Placement Services (student employment) n. Vice President for Academic Affairs (school or college) o. Public Safety/Campus Security/Campus Police (verification of death) p. School/College (academic record) q. Registrar (official records) r. Student Activities (student organizations) 2. It is the coroner’s responsibility to notify the family in consultation with the campus Chief of Police/ranking local security officer. Campus officials may only then contact a member of the deceased student’s family. 3. Prepare and send a sympathy letter and follow-up instructions to the family with a What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice copy to the department/or college. (See note for International Students) 4. Determine the family’s preferences regarding a campus memorial. 5. Determine the family’s preference regarding handling of deceased’s personal property and electronic resources. Advise appropriate offices and departments. 6. Confirm that follow-up has been made by the appropriate departments. Accounts Receivable 1. Upon notification of a student’s death, review the student account, cancel, and close the account. Academic Advising 1. Notify records and inactivate current file. Alumni Relations 1. Review the alumni information system to ascertain if the student has a record. 2. If a record exists, code the record as “deceased” with the appropriate date, and remove the deceased’s name from mailing lists. 3. Review the alumni information system to ascertain if the deceased has an alumnus/a spouse or partner. If so, amend the mailing list to include the surviving spouse or partner only. Athletics 1. Notify coach(es). 2. Do not remove personal belongings from athlete’s locker until you receive directions from VP of Student Affairs. Counseling Services 1. Provide personal counsel and advice when services appropriate. 2. Arrange for a behavioral health counselor to respond to the scene, if appropriate. General Counsel 1. Respond to contacts concerning legal questions by the family and other attorneys. 2. Review legal documents. 3. Advise and respond to legal issues. Housing 1. Inform roommates of student death and instruct them not to move nor remove any of the deceased’s belongings or property. 2. Change the locks and seal the room if the deceased was a single occupant. 3. Make arrangements for the executor or family to pack and/or pick up the deceased’s property. If instructed by the family for the institution to pack the property, establish an inventory list and have a second housing authority staff person audit the inventory. 4. Compute outstanding rent until the date the room is vacated. Apply the security deposit first to offset any expenses and normal charges. The deceased student’s estate shall be liable for all costs incurred until the apartment is vacated and the Housing Office will notify the estate of the continuing liability. Information Technology 1. Do not disable or delete any of the student’s resources (e-mail, server permissions, etc.) until instructed by the VP of Student Affairs. 2. Be prepared to provide electronic copies of the student’s resources: voice-mail greeting, incoming voice-mails, and e-mails. 3. Follow request from family regarding the initiation of an explanatory “extended absence” message on both e-mail and voice-mail. International 1. Notify the family of the death of an International Services student. 2. Contact the appropriate embassy involved (if appropriate). 3. Where appropriate, arrange for a person who speaks the language of the deceased to be available to assist with communication. 4. Assist the family with arrangements for the repatriation of the deceased. Intramurals/Recreational Space 1. Notify locker room manager to determine if student had a locker. 2. Do not remove personal belongings from student’s locker until you receive directions from VP of Student Affairs. Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 41 Library 1. Waive Library fines. 2. With discretion, the library will explore options for the retrieval of books or other materials still loaned to the deceased. Placement Services/Human Resources 1. If the deceased was a student employee, notify the employing department. Vice President for Academic Affairs Office/School/ College/ Academic Department 1. Upon request of the family, return by mail to the family any assignments completed by the deceased student; e.g., papers, examinations, reports. Public Safety/Campus Police 1. If necessary, assist in verification of death by contacting one or more of the following: hospital, state/local police, appropriate county office. 2. Report verification to the Vice President for Student Affairs. Registrar’s Office 1. Change student record to reflect “Deceased” status in the official records. 2. Delete the deceased student’s address from the institution mailing database. 3. If no academic credit is to be granted for the term, cancel all tuition and fee assessments. 4. Notify the deceased student’s instructors. 5. Inform the Vice President of Student Affairs if there are any other students with the same full name as the deceased. In such instances, the Vice President of Student Affairs will inform the families of these individuals that their student was not the one involved. 6. Federal Health and Human Services Regulations and NACUBO Guidelines require the Death Certificate if the student is receiving financial aid. Request a copy of the Death Certificate from the family or some verification of the student’s death. Copies of the death certificate will be distributed to the Director of Financial Aid when such verification is required; and the Office of the Registrar will retain a copy. 42 Financial Aid Office 1. Review any outstanding loans. a. If institution loans exist, advise Scholarship Office. b. Advise family of any loan programs to which the deceased was indebted. When the loan is not forgiven, arrange for repayment. 1. Generally, the student is withdrawn from all course work for which he/she was enrolled that semester and the student’s estate provided a full refund of tuition and fees. The refund check, made payable to the student’s estate, will then be mailed separately from a letter condolence sent by the Bursar’s Office. The Bursar may also refund parking and other miscellaneous fees. 2. Amend the file and code the record as deceased. 3. Notify State and Federal agencies of deceased status. Student Activities 1. Notify each student organization in which the deceased was a member. 2. Determine if the organization has any personal property or projects materials that the student was involved with. Advise VP of Student Affairs. 3. Make arrangements via VP of Student Affairs for the executor or family to pack and/or pick up the deceased’s property. If instructed by the family for the institution to pack the property, establish an inventory list and have an institution staff person audit the inventory, including photographs of the items to be returned. Note: Sometimes a student dies while traveling abroad. In this case, additional tasks are required. For these, an excellent additional related resource, offering a wealth of operational considerations, is the NAFSA-published article, When A Student Dies Abroad, by Julie Friend: http://www.nafsa.org/_/ File/_/ie_novdec13_supplement.pdf What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice :::::::: Notes :::::::: Gallagher Higher Education Practice :: What I Wish I’d Known When I Started: Higher Education Risk Management Lore 43 :::::::: 44 Notes :::::::: What I Wish I’d Known When I Started: Higher Education Risk Management Lore :: Gallagher Higher Education Practice I have, alas! Philosophy, Medicine, Jurisprudence too, And to my cost Theology, With ardent labour, studied through. And here I stand, with all my lore, Poor fool, no wiser than before. —Johann Wolfgang von Goethe, Faust, Part I Two Pierce Place Itasca, IL 60143-3141 Gallagher Higher Education Practice About the Gallagher Higher Education Practice The Arthur J. Gallagher & Co. Higher Education Practice provides tailored Property & Casualty, Student Health and Accident and Employee Benefit solutions for colleges and universities. Working with more than 800 institutions worldwide, our purpose is to help institutions make informed decisions relative to their risk management program and practices enabling them to optimize their Total Cost of Risk, increase their risk management capacity, and strengthen institutional resilience. For more information, contact: John McLaughlin Managing Director, Gallagher Higher Education [email protected] www.ajg.com/highereducation
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