URMIA Journal 2007–08 Denver UNIVERSITY RISK MANAGEMENT AND INSURANCE ASSOCIATION 5692 Cover_NoSpine.indd 1 12/17/2010 4:05:49 PM The mountains they are silent folk They stand afar—alone, And the clouds that kiss their brows at night Hear neither sigh nor groan. Each bears him in his ordered place As soldiers do, and bold and high They fold their forests round their feet And bolster up the sky. —HAMLIN GARLAND (1860–1940), “THE MOUNTAINS ARE A LONELY FOLK” Front cover: Rocky Mountains, Colorado Denver: host city for the 2007 URMIA Conference. 5692 Cover_NoSpine.indd 2 12/17/2010 4:06:27 PM URMIAURMIA JournalJournal 2007–08 University Risk Management and Insurance Association OFFICERS President Ellen M. Shew Holland, ARM University of Denver (303) 871-2327 [email protected] President-Elect Vincent E. Morris, CPCU, ARM, AIC, CRM, CIC Wheaton College (630) 752-5013 [email protected] Secretary Anita C. Ingram, MBA, ARM Southern Methodist University (214) 768-4047 [email protected] Treasurer Margaret Tungseth, CPA, MBA Concordia College (218) 299-3327 [email protected] Downtown Denver, Colorado Parliamentarian Photo credit: Denver Metro Convention & Visitors Bureau Gary W. Langsdale, ARM Pennsylvania State University (814) 865-6308 [email protected] Immediate Past President Allen J. Bova, MBA, ARM, DRM Cornell University (607) 277-1188 [email protected] DIRECTORS Julie C. Baecker, AIC, ARM (’10) University of Alaska (907) 450-8153 [email protected] Mary Breighner, CPCU, DRM (’09) FM Global (513) 742-9516 [email protected] Steve Bryant, CRM, ARM (’09) Texas Tech University System (806) 742-0212 [email protected] Mary Dewey, ARM, CIC, CPCU, DRM (’08) University of Vermont (802) 656-8453 [email protected] Jill Laster, ARM, DRM (’08) Texas Christian University (817) 257-6798 [email protected] Marjorie F. B. Lemmon, ARM, CPCU (’10) Yale University (203) 432-0140 [email protected] David Pajak, ARM (’10) Syracuse University (315) 443-5334 [email protected] National Offi ce P.O. Box 1027 Donna Pearcy, ARM (’09) Bloomington, Indiana 47402 The University of Iowa (319) 335-3425 Tel. (812) 855-6683 FAX (812) 856-3149 [email protected] E-mail: [email protected] Paul Pousson, ARM (’08) Web: www.urmia.org University of Texas System (512) 499-4653 [email protected] Larry V. Stephens, AIC, ARM, CPCU, AAM, DRM (’09) A Professional Non-Profi t Forum for the Exchange of Information, Concepts, Indiana University (812) 855-9758 Practices and Developments Between Higher Education Risk Managers [email protected] The food of hope Is meditated action; robbed of this Her sole support, she languishes and dies. We perish also; for we live by hope And by desire; we see by the glad light And breathe the sweet air of futurity; And so we live, or else we have no life. —WILLIAM WORDSWORTH (1770–1850) “DISCOURSE OF THE WANDERER, AND AN EVENING VISIT TO THE LAKE” From the President Welcome to the University Risk Management and Insurance Association’s annual journal publication for 2007–08. Th e journal has a rich history of showcasing topics of interest from the profession of risk management in higher education. While the topics vary in nature, they will explore some of the more relevant risks and hazards of our unique risk environment while providing insight into best practices for managing these risks. In addition, we hope that these articles provoke further discussion and awareness within your institution or entity, supporting your eff orts to inform your colleagues who may benefi t from the experiences and knowledge highlighted within. Th e topics vary from coping with student psychological problems in the aftermath of the Virginia Tech tragedy; to maintaining awareness of national security threats; to preventing computer security breaches that result in identity theft. We know that we have only tapped into a small portion of the broad scope of responsibilities and potential risks within higher education risk man- agement. Yet we trust you will fi nd these articles an informative and valuable resource for your program. I would like to thank the authors who took the initiative and eff ort to research and write these articles, the volunteer and committee members who assisted, and the national offi ce staff for their countless hours of hard work and eff ort in editing and publishing this year’s journal for our members. We hope you will enjoy reading it. Ellen Shew Holland, ARM President, URMIA (2008) Contributors URMIA thanks each of the fi nancial contributors who supported the publication of the 2007–08 edition of the URMIA Journal: Arthur J. Gallagher Higher Education Practice Group Gallagher’s Higher Education Practice Group specializes in serving The Gallagher Centre the risk management and insurance needs of institutions of higher Two Pierce Place learning. The education community has long been a core competency Itasca, Illinois 60143-3141 of our company, and today represents a signifi cant portion of our business. For assistance in assessing and protecting your institution, please contact your Gallagher Higher Education Practice represen- tative or our Executive Directors, Leta Finch at 802-861-6804 and John Watson at 818-539-1445. Marsh, Inc. Global Education Practice For over 38 years, Marsh has been honored to serve the higher One State Street, 19th Floor education community. Our legacy stems from a company-wide com- Hartford, CT 06103 mitment to higher education as a core part of our operation. We have created tailored insurance products and risk management solutions to protect your institution. For assistance please contact your Marsh higher education professional or our Global Practice Leader, Jean Demchak at 860-723-5635 or [email protected]. John L. Wortham & Son, L.P. 2727 Allen Parkway, Suite 2000 As the largest privately held insurance partnership in the U.S., Houston, TX 77019 John L. Wortham & Son L.P. places our clients’ interests fi rst. This approach includes a higher education practice where we create productive, consultative relationships by crafting innovative solutions for this sector’s unique challenges. We invite you to learn about Wortham and our capabilities by visiting our website at www.worthaminsurance.com or contacting Jim McCann, J.D. at 713-346-1220 or [email protected]. Without the assistance of these contributors, this publication could not exist. Features 7 Tragedy at Virginia Tech: Student Suicide, School Shootings, and the Campus Mental Health Crisis Robert B. Smith and Dana L. Fleming, Nelson, Kinder, Mosseau & Saturley P. C . 21 The Yin and Yang of an Aging Work Force J. Tim Query, Associate Professor of Risk Management and Insurance, New Mexico State University 29 The Threat Level Is Orange Leta C. Finch, Executive Director of Higher Education Practice, Arthur J. Gallagher Risk Management Services, Inc. 41 Mold in the Environment: The Diffi culty of Assessing the Risk George H. Bender, Manager of Environmental Health and Safety, Duquesne University 49 Assessing RMIS Needs for Colleges and Universities David A. Tweedy, CMC, Practice Leader for Risk Information Consulting Practice, Albert Risk Management Consultants, Inc. 61 In Case of Emergency: Selecting a Qualifi ed Air Ambulance Provider Denise Treadwell, CRNP, MSN, CEN, CFRN, CMTE, Executive Vice President, AirMed International 69 The Mixed Motive Instruction in Employment Discrimination Cases: What Employers Need to Know David Sherwyn, J.D., Steven Carvell, Ph.D., Joseph Baumgarten, J.D. 83 Risk Manager as a Grievance Petitioner? Manage Lobbying Risks or Lose Pamela J. Rypkema, Risk Manager, Gallaudet University 97 Identity Theft and Data Loss on Campus—Minimizing and Addressing Risk James A. Keller, Esq., and Melissa Hill, Esq., Saul Ewing LLP Tragedy is a tool for the living to gain wisdom, not a guide by which to live. —ROBERT F. KENNEDY (1925 –1968), U.S. ATTORNEY GENERAL Tragedy at Virginia Tech Student Suicide, School Shootings, and the Campus Mental Health Crisis Robert B. Smith and Dana L. Fleming, Nelson, Kinder, Mosseau & Saturley P.C. Abstract: Th e Virginia Tech shootings and other acts of however, colleges and universities are being forced to school violence are causing lawmakers, school administrators, reexamine the way they deal with students with mental and the public at large to reevaluate how educational illness and related on-campus emergencies. Th e complex institutions deal with the mental health problems of students. legal and societal problems associated with mental illness Th is article explores the historical context of student violence have been laid at the doorstep of colleges and universities and examines the events leading up to and surrounding the for years, but now schools are under more scrutiny than massacre at Virginia Tech. It further reviews the aftermathf ever before. Not surprisingly, the response has run the of the nation’s deadliest school shooting,g, and the ensuiensuingng gamutgamut from thethe implementationimplem of new, high-tech emer- dialogue about what can be done to preventevent gencygency notifi cation systems to the aug- future tragedies. mentationment of existing counseling services The real learning andand oother mental health resources. On April 16, 2007, every college and WhileW these measures may be entirely university in the country was asking opportunity appropriateappro for some schools to under- itself the same questions: What now?? take,take, they are, by and large, reactionary. presented by What next? Could we be the next Virginiaginia Th e realr learning opportunity