Preventing and Managing Disruptive Behaviors MCCSSA 2010 Spring C o nference

1. Preventing and Managing Disruptive BehaviorsMCCSSA 2010 Spring Conference W. Scott Lewis, JD The National Center for Higher Education Risk Management NCHERM.org scott@ncherm.org

2. Agenda • Introduction and illustration • Who are our students? • Why should I report? • What should I report? • Who do I report to? • What happens after I report something? • Questions & Discussion

3. WHERE WE ARE… Staff & Faculty are frequently in the best position to notice and report student behavior. You find yourself on the “front lines.” The events at Virginia Tech, NIU, etc. impress upon us all the necessity of being vigilant.

4. The Changing ClienteleWho are our students?

5. The Seven Factors impacting this generation – and others! • Societal Changes • Technology • The New Consumer • Mental Health Issues • The Changing Parent • The Thresholds of Violence • Access to Weapons

6. Mental Health Issues The 2006 National Survey of Counseling Center Directors found that: • 40% of students had severe psychological problems • 8% of students had such severe mental health issues that they could not remain in school • 32% of students experienced severe problems but were able to stay in school (Gallagher, 2006)

7. Mental Health Issues What are the illnesses students are struggling with? • 17% were adjustment disorders (depressed mood, mixed with anxiety features) • 32% were diagnoses of depression and/or bipolar disorder • 51% were diagnoses of anxiety, depression and adjustment disorders(Schwartz, 2006)

8. Mental Health Issues • Students with mental illness are the fastest rising disability group on college campuses. Of all college students, 35-40% will suffer from some form of mental illness during their college career. • Of all students with disabilities, psychiatric disabilities make up 15-21% report having a psychiatric disability. • The onset of major mental illnesses occurs between the ages 18-25. This makes campus one of the prime locations for first eruption of these illnesses.

9. MILLENNIAL STUDENTS & MENTAL HEALTH

10. The Changing Parent "Helicopter Parents"

11. THE BLACKHAWK • “Large” • Intimidating • Obvious

12. THE COBRA • Specific • “Quick” • Secretive

13. THE GILMORE • Concerned • Vicarious • Invested • “Friend”

14. Other Students • Returning Boomers – Lifelong Learners • Second Career Gen Exers • Emptying the nest a second time • Field specific • The Veterans

15. Changing Legal StandardsWhy should I report?

16. Changing legal standards • Negligence Theory • Pre Virginia Tech • Post Virginia Tech • The 3rd Restatement of Torts

17. Negligence Theory • Negligence 101 • Duty • Breach • Causation • Injury • Pre-VT • Post-VT

18. THE GOVERNOR’S PANEL REPORT IV-4 : “Incidents of aberrant, dangerous, or threatening behavior MUST be documented and reported immediately to a college’s threat assessment group, and MUST be acted upon in a prompt and effective manner to protect the safety of the campus community. (emphasis added)”

19. THE GOVERNOR’S PANEL REPORT “IV-6 • Policies and procedures should be implemented to require professors encountering aberrant, dangerous, or threatening behavior from a student to report them to the dean. • “Guidelines should be established to address when such reports should be communicated by the dean to a threat assessment group, and to the school’s counseling center.”

20. What we know • Roughly 80% of school violence perpetrators raised serious concerns about the potential for violence amongst friends, family, peers, or other community members prior to their acts • Roughly 80% of school shooters shared their plans, or parts of their plans, with others prior to their shootings.

21. The Changing Duty Section 142 of the 3rd Restatement of Torts

22. Why AREN’T we reporting these behaviors? • It will go away on its own • Nothing will happen if I tell anyone anyway • I will get in trouble if I report this or it will make me look bad • I am afraid of retaliation • I don’t want to be viewed as a “rat” or “Intolerant” or “unkind” • I don’t want to be responsible for pushing someone “over the edge.”

23. WHAT SHOULD I REPORT? Disruptive Distressed Disturbed Dysregulated Medically Disabled

24. “DISRUPTIVE” STUDENTS • Anything that causes you concern. • Anything that prevents you from being able to effectively perform your duties. • When in doubt, err on the side of caution and let the appropriate officials make the determination on the level and type of intervention.

25. PREVENTING DISRUPTIVE BEHAVIORS

26. CONFRONTING DISRUPTIVE BEHAVIORS

27. Confronting DISRUPTIVE students • Identify that this is not a “cross-over” into Distressed, Disturbed, or Dysregulated behaviors • Remain calm and in control. • Listen to what is being said. • Acknowledge the individual’s feelings (but do not justify the behavior). • Allow appropriate emotional expression. • Identify and acknowledge the concern/issue. Offer a solution or to continue the discussion at an appropriate time.

28. Confronting DISRUPTIVE Students DO NOT: • Raise your voice • Argue with the student • Challenge or threaten the student • Get too close to the student (personal space) • Allow the student to get too close to you • Touch the student (EVER!) • Point or use gestures that are challenging or threatening • Use any abusive or derisive language • Humiliate the student

29. IF the incident de-escalates • Document the incident with the Department Chair, the Dean, and the Student Conduct Office. • When documenting, include: • What occurred – be specific and chronological (include any historical perspective with the student) • When – time/date(s) • Where – exact location (include the layout of the room, when applicable) • Who was involved – include all witness names • Do not include any language that is judgmental, abusive (unless quoting a party to the incident), or attempts to diagnose a student’s condition

30. QUESTIONS AND COMMENTS? For more information on training contact W. Scott Lewis, JD at Scott@NCHERM.ORG or www.NCHERM.org 610-993-0229 This presentation is the intellectual property of the presenter and may not be used without express written permission.