Podcast From United Educators
Listen to advice from UE and other experts on how to protect students, staff, and faculty at your school, college, or university.
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Episode 30: Mediation Insights From a Professional Mediator, Part Two
Most claims brought against UE members will be dismissed or settled before going to trial. Many settlements are achieved through mediation, allowing the parties to negotiate through a neutral third party. In this two-part episode, Joan Morrow, a mediator with extensive experience mediating cases involving educational institutions, shares her insights on making mediations effective.
Episode 29: Mediation Insights From a Professional Mediator, Part One
Most claims brought against UE members will be dismissed or settled before going to trial. Many settlements are achieved through mediation, allowing the parties to negotiate through a neutral third party. In this two-part episode, Joan Morrow, a mediator with extensive experience mediating cases involving educational institutions, shares her insights on making mediations effective.
Episode 28: Safe Sport Act: Reporting Sexual Abuse in Athletics
The Safe Sport Authorization Act protects athletes from abuse with new reporting and training requirements for amateur sports organizations. In this episode, Phil Catanzano, a senior counsel and member of the Education Team at the Holland & Knight law firm, explains the act and recommends actions for schools and colleges.
Episode 27: Student Mental Health on Campus
Alyssa Keehan, director of risk research, and Heather Salko, senior risk management counsel, discuss the recently released student mental health claims study.
Episode 26: Mock Trial Exercises
Trial consultant Jill Huntley Taylor explains the process behind mock trial exercises and how using mock juries can help strengthen a school's legal defense as a claim heads to trial.
Episode 25: Managing Indemnification Provisions in Contracts
Indemnification provisions in contracts used by institutions can either help or harm, depending on how they are worded. Careful review of every contract is important to understand whether the indemnification provision is beneficial to your college or university. This episode offers tips on how to avoid common indemnification problems as you enter into contracts on behalf of your institution.
Episode 24: Educator Sexual Misconduct at Independent Schools
UE's new claims study examines trends in independent school educator sexual misconduct claims received from 2011 to 2016. In this episode, Alyssa Keehan, director of risk research, and Melanie Bennett, risk management counsel, discuss findings from the study.
Episode 23: Transgender Students and School Facility Use
In 2017, the Department of Education withdrew Obama-era guidance stating that under Title IX, schools must treat students consistent with their gender identity rather than their birth sex. There is currently no clear federal standard and, as a result, the legal requirements vary by a school’s location. In this episode, attorney Josh Whitlock and Hillary Pettegrew, UE senior risk management counsel, discuss the state of the law and steps that schools can take in the midst of this uncertainty.
Episode 22: Technology in Title IX Investigations
Phone and computer evidence can provide clarity in Title IX investigations. In this episode, Melanie Bennett, risk management counsel, speaks with Kelsey Feeheley, claims counsel, about UE's Title IX claims involving technology and the lessons they provide.
Episode 21: NCAA Policy On Sexual Violence Prevention Education
UE's Alyssa Keehan interviews Janet Judge, a partner at Holland & Knight, about the NCAA's recent policy requiring member colleges to train athletics staff and students on sexual violence prevention.
Episode 20: #MeToo: Student Social Media Disclosure of Sexual Harassment
The recent #MeToo movement focused national attention on social media postings documenting sexual abuse. In this podcast, UE's Melanie Bennett interviews David Wolowitz, partner and co-chair of the Education Practice Group at McLane Middleton, about independent school response to student social media disclosures of sexual harassment.
Episode 19: Promoting Fairness in Trauma-Informed Title IX Investigations
UE’s Heather Salko speaks with Jeffrey Nolan, an attorney at the firm of Dinse, Knapp & McAndrew, about "trauma-informed" investigations—what they are, and how to institute them in Title IX and VAWA-related investigations.
Episode 18: Managing the Risks of Student Parties
College parties are a hotbed for a variety of calamities such as fights, falls, and sexual assaults. Alyssa Keehan, director of risk research at UE, and Lisa Barnett, a claims attorney who has handled many of UE's claims arising from college parties, discuss strategies for managing the risks of this activity.
Episode 17: K-12 School Security Design Standards
In this episode, UE's Joe Vossen is joined by attorney Shamus O’Meara to explain the security design response to the 2012 mass shooting at Sandy Hook Elementary in Newtown, Conn. Learn about design standards for new school buildings, practices for assessing existing school buildings, and crisis planning considerations.
Episode 16: Managing Issues With Service and Emotional Support Animals on Campus
Increasingly, students are seeking to bring service animals and emotional support animals to college campuses. In this podcast, Jeffrey Nolan, a nationally recognized expert and attorney with Dinse, Knapp & McAndrew in Burlington, Vt., explains the differences between the two types of animals. Jeff also discusses limitations surrounding those animals on campus, best practices for crafting a campus policy, and appropriate institutional responses when service or emotional support animals create problems or cause damage to campus facilities.
Episode 15: EEOC Guidance on Workplace Harassment Risk Factors
In 2016, the Equal Employment Opportunity Commission (EEOC) released a review from its Select Task Force on the Study of Harassment in the Workplace. In this podcast, two attorneys in UE's risk management department summarize the findings related to risk factors contributing to workplace harassment and provide some guidance on how you can combat harassment if these risk factors exist in a workplace.
Episode 14: UE’s Recommendations for Conducting Reductions in Force
Higher education institutions and K-12 schools sometimes implement RIFs, or reductions in force, for economic or other reasons. In this podcast, senior risk management counsel Hillary Pettegrew and senior claims counsel Sarah Braughler from UE offer recommendations on how to conduct RIFs to minimize both potential liability for the school and pain for employees.
Episode 13: Title IX Sexual Assault Enforcement Under the Trump Administration
Under the Obama administration, the U.S. Department of Education’s Office for Civil Right was active in its enforcement of Title IX toward issues of campus sexual assault. In this podcast, we explore how that stance may change under President Trump’s administration and what these changes might mean for institutions.
Episode 12: Managing Greek Organizations on Campus
Melanie Bennett, United Educators (UE) associate risk management counsel, and Alyssa Keehan, UE director of risk research, discuss claims related to fraternities and sororities. Listen to the podcast to learn the types of claims which occur most frequently and how to manage associated risks on your campus.
Episode 11: Lawsuits Brought by Students Accused of Sex Assault
Alyssa Keehan, director of risk research at United Educators (UE), speaks with Josh Richards, a partner with Saul Ewing LLP about his experience defending colleges and universities in lawsuits brought by students accused of sexual assault. Topics addressed include recent legal developments, trends, and lawsuits.
Episode 10: Crumb Rubber Athletic Fields
Crumb rubber synthetic turf fields, made in part from recycled tires, are used by many educational institutions. Recently, activists in several states have argued that chemicals in the tires make these playing fields unsafe. Listen in as Bill Anderson, a partner at the Crowell & Moring law firm, joins the podcast to explain how crumb rubber is made, the health concerns, ongoing investigations, and how schools are responding.
Episode 9: EEOC Enforcement Guidance on Retaliation
In 2016, the Equal Employment Opportunity Commission (EEOC) released long-awaited guidance on retaliation in the workplace. The guidance summarizes legal developments over the past 20 years regarding retaliation under various discrimination laws, including Title VII of the Civil Rights Act of 1964, the Genetic Nondiscrimination Act, and the Americans with Disabilities Act. It provides an overview of the current state of the law and the EEOC's position on various aspects of workplace retaliation. In this episode, two attorneys in UE's risk management department summarize the guidance, including the EEOC's position on best practices to avoid retaliation following an allegation of discrimination or harassment.
Episode 8: Personal Deviations in Study Abroad Insurance
Many international travelers undertake activities unrelated to a study abroad trip before, during, and after the program. A 2015 United Educators (UE) study found that more than half of study abroad claims occur during these personal deviations. While these personal activities may not initially be covered by travel insurance policies, some institutions are successfully negotiating coverage with their travel insurance providers.
Episode 7: Your ProResponse Crisis Response Benefit
UE members that carry both general liability and educators’ legal liability coverage with are entitled to crisis response service through ProResponse™. The program includes five distinct services ranging from media response to assistance with electronic discovery. This podcast provides an overview of each of those benefits and explains how you can access them.
Episode 6: Trends in Accident Investigation Claims
Joe Vossen, UE risk management counsel, interviews Dina Marsie-Hazen, a UE claims analyst to discuss trends in accident investigations, specifically slip and fall claims. Listen to the podcast to learn sound accident investigation procedures. Practices such as well-written incident reports, changes to campus policies and procedures, and evidence preservation are discussed.
Episode 5: Mediation Basics
In this episode UE's Heather Salko, senior risk management counsel, and Tracy McPherson, senior claims counsel, discuss the basics of the mediation process. Topics include how a mediator is selected, the basic format of the mediation itself, and what happens after the mediation, whether or not the parties reach a settlement agreement.
Episode 4: Making Technology Accessible
UE’s Melanie Bennett, associate risk management counsel, and Erica Ellis, e-learning instructional designer, discuss the importance of technology accessibility at educational institutions.
Episode 3: The Importance of Pre-Departure Orientation for Independent K-12 Schools
UE’s Joe Vossen, risk management counsel, and Hillary Pettegrew, senior risk management counsel, discuss the importance of pre-departure orientation for independent K-12 schools that are sending students overseas.
Episode 2: Our "Cool Head, Warm Heart" Philosophy
Listen in to Prevention and Protection, the UE risk management podcast. In this episode, UE’s Alyssa Keehan, director of risk research and Joe McCullough, senior claims advisor, discuss our unique “Cool Head, Warm Heart” crisis response philosophy.
Episode 1: Handling Sexual Misconduct in Independent Schools
Listen in as Heather Salko, senior risk management counsel at United Educators and David Wolowitz, partner and head of the Education Practice Group at McLane Middleton discuss sexual misconduct in independent schools.