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The Aftermath of Tragedy on Campus Dr. Gary J. Margolis Steven J. Healy Jeffrey J. Nolan, Esq.

The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

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Page 1: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

The Aftermath of Tragedy on Campus

Dr. Gary J. MargolisSteven J. Healy

Jeffrey J. Nolan, Esq.

Page 2: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Suspect  on  the  Loose  at  Delaware  State

Page 3: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

• MGQ Case Example

• Challenges (Students, Faculty/Staff, Media)

• Legal Issues

• Collaboration

• Lessons Learned

AGENDA

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© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Michelle Gardner-Quinn

Page 5: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Media Coverage

Page 6: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

The Facts

• Report missing on Saturday, Oct 7, 2006 by parents at UVM for parent’s weekend

• Last seen in the early morning hours returning to campus

• In cell phone contact with friends when her phone failed

• Made a call from a borrowed cell phone

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© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

The Missing Person Case

• Recognized immediately as an unusual case by police investigators

• Campus/city fear and anxiety

• National media arrived Tuesday (10/10/06)

• Staging and media management concerns arise

Page 8: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Investigation & Response

• 70-plus local, state and federal investigators

• Search & Rescue Teams

• 24/7 Command Post at BPD

• Family liaison

• Media liaison

• University EOC

Page 9: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

The Suspect: Brian Rooney

Page 10: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Why the National Attention?

• Vermont & the University of Vermont

• Suspected foul play - abduction/kidnapping

• Media indicated that had this been a “routine” rape/murder investigation without the disappearance, then it would have carried little national interest

Page 11: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Challenges: STUDENTS

•Those directly involved (guilt/trauma)

•Residential community

•Re-victimization

• Students wanting to help

• Prayer Vigils, Memorial Services, Contemplative Spaces

•Counseling services

Page 12: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Challenges: FACULTY/STAFF

• Impact on student services personnel

•Counseling Staff / EAP Support

• Perception of safety

• Security demands

• IT & phone staff

• Faculty support

Page 13: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Challenges: MEDIA

• Logistics of managing local and national news crews (competing interests)

• Media biases

• Press conference schedule - “Feed the Beast”

• Website and server challenges (managing constant media calls)

• Family’s privacy vs. Media access

Page 14: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Interviews

• “Talk Shows” vs. “News”: What to consider before appearing on Greta, Nancy, Geraldo or Bill

• Prevalence of misinformation

• Impact of national television re: leads and tips

• Coordinating family statements

Page 15: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Communications

• Are you communicating appropriately?

• Are you saying the “right” things?

• Victim-blaming

• Message box should include

- Compassion

- Sensitivity

- Caring

Page 16: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Legal Issues: Communications

• Potential Liability Issues (tragedies on campus/connected with institutions)

- Anything you say can and will be used against you!

- Have counsel work with public relations on statements

• FERPA Issues

- Rights of student victims

- Rights of roommates, other connected students

Page 17: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Collaboration

• Media (local and national)

• University Departments

• City Departments

• Local, State and Federal Law Enforcement

• Other IHEs

• NGOs

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© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Lessons Learned

Page 19: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Lessons Learned: Staffing

• Counseling Center & Employee Assistance

• Staffing Support (student services, public safety, food services, admin)

• Policies on school closure

• After Action Reviews

Page 20: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Lessons Learned: Crisis Communication Plan

• Website and servers

• Media list-serve (eliminated media interruptions)

• Voicemail access for community

• Media briefing schedule & location

• Public safety forums (city and campus)

• Who speaks to media and related legal issues

Page 21: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew

Lessons Learned: Media Management

• Relationship with media (local/national)

• Staging area

- Away from department

- Accessible

- As agreeable as is possible

• Mitigate conflicts with national talk show programs’ interview schedules

• Negotiate to prevent interference with investigation

• Support family in media relations

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© Margolis, Healy & Associates, LLC & Dinse Knapp & McAndrew 22

• Relationships

- Town/Gown

- University internal

- State/Local/Federal

• Campus resources

- Dining Services

- Print Services

- Technology & IT Infrastructure

- PIO

Lessons Learned: Town/Gown Relations

Page 23: The Aftermath of Tragedy on Campus - 2010 Legal Issues in Higher Education Conference, Margolis Healy & Associates, LLC

Jeffrey J. Nolan, Esq.Dinse, Knapp & McAndrew, P.C.

1-802-864-5751

[email protected] www.dinse.com

Contact Information

Steven J. HealyDr. Gary Margolis

Margolis, Healy and Associates1-866-817-5817

www.margolis-healy.comwww.CampusCrimePrevention.org

www.CampusThreatAssessment.org