GRIEF MANAGEMENT VS. RISK MANAGEMENT DEALING WITH STUDENT TRAGEDIES June 26-29, 2005 Jeffrey Alford, Assistant Vice Chancellor for University Relations Lee Tyner, University Attorney University of Mississippi Oxford, Mississippi FRATERNITY HOUSE FIRE: A CRISIS CASE STUDY FROM THE UNIVERSITY OF MISSISSIPPI I. Background -- The Setting. The University of Mississippi is a medium-sized public university with about 14,000 students enrolled at its principle campus in Oxford, Mississippi. Oxford is a small town with a similar number of year-round residents as the University has students. Thirty percent (30%) of the student body belongs to one of 33 fraternities and sororities that play a significant role in the life of the campus. Twenty-eight of those fraternities and sororities own and/or operate houses located on university property leased to individual house corporations. Like most universities, the University has had a Crisis Management Plan in place for a number of years. In 2003, the University revisited this plan following damage to the campus caused by late night straight-line winds. After the severe weather the Crisis Management Team “table-topped” five different hypothetical emergency scenarios in a planning and preparedness exercise in May, 2003, and completed revisions to the Plan in November, 2003. II. The Fire. On the third day of classes in the fall of 2004, a fire breaks out at 4:30 a.m. in the student living quarters of a prominent fraternity house. Three members of the fraternity die in the fire; 23 students and the house mother escape unharmed. The house is destroyed. Two fire departments, university and city police departments, and the state fire marshal at first respond to the fire and are involved in the investigation. At the request of the university, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is asked to lead the investigation and arrives on the scene within hours after the fire is extinguished. III. The Crisis Management Timeline – the Day of the Fire. 7 a.m. – Several members of the University’s management team meet with key responders and fraternity representatives. At this point the University’s Crisis Management Plan has not been formally consulted, but many aspects of the plan National Association Of College and University Attorneys 1 are already in full swing. This initial group recognizes that the Crisis Management Team needs to meet formally and review the Crisis Management Plan. Law enforcement confirms fatalities. Law enforcement and fraternity members have accounted for all but two of the fraternity house’s residents and one other fraternity member who residents believe was in the house when the fire began. A fraternity advisor agrees to contact the families of the young men that are not accounted for. 10 a.m. – Crisis Management Team formally meets for the first time as a group, although many of its members were present at the 7 a.m. meeting. The fire is extinguished and the identities of the three victims are confirmed. 1. A press conference is scheduled for 3 p.m. 2. A senior administrator is assigned as liaison to each of the victims’ families and personal contact is established. 3. Direct contact is made with the president of the national fraternity organization and information sharing begins immediately. 4. A campus building is made available for the displaced fraternity members to be together, take their meals, receive counseling, contact their families, and where messages of condolence can be sent. Another campus building is designated as the repository for donations of clothing and personal items. A campus dormitory is opened for displaced fraternity members. 5. Bursar’s bills are immediately cancelled for the deceased students. Noon — ATF investigators arrive and begin conducting interviews. All agencies and the national fraternity agree to allow the university to serve as the clearinghouse for all public announcements and release of all information regarding the fire. 2 p.m. — Donations from the community flood the campus including boxes of clothing from local department stores and offers of free housing from area landlords. A public announcement is made asking people to stop sending items. 3 p.m. — University chancellor, ATF special agent, police chief, state fire marshal, and fraternity national president meet with the media. 5 p.m. — the Crisis Management Team meets again to review and assess the day’s events. Emphasis is on maintaining contact with the victims’ families and National Association Of College and University Attorneys 2 providing physical and emotional support for fraternity members and other students. Planning begins for a campus memorial service, participation by university officials and students in funeral services, and cancellation of weekend events on the campus. IV. By the end of the day, every resident of the destroyed house, including the housemother, has a dormitory room equipped with linens, toiletries, and basic supplies; every resident has been offered a new set of books, a new student ID, and clothing; University and other fraternities and sororities have offered meals; The University has assured that all residents have replaced prescription medications; Every resident and fraternity member and other closely affected students has been introduced to counselors and campus ministers. The Follow Up In the days that followed, University liaisons met with each of the families in their homes and assisted in funeral arrangements, sent official delegations and provided transportation for fraternity members to attend funerals in Batesville, MS, Atlanta, GA, and Martinsville, VA. Periodic contact with the families continues to the present. More than 2,000 people, including the victims’ families, firefighters, and investigators attended a campus memorial service. The University communications office continued to work closely with the ATF office in New Orleans and in October announced the results of the ATF investigation that concluded the cause of the fire could not be determined. V. Debriefing the University’s Crisis Response and Lessons Learned. A few weeks after the fire, members of the Crisis Management Team met to evaluate the University’s response to the crisis and to consider changes to the Crisis Management Plan. Below are some of the University’s observations. A. Formal plans concerning internal notification of the Crisis Management Team and other responders were not followed. No one unit had clear responsibility and ownership of the communications chain. But informal communications networks worked well, and the appropriate and necessary people were timely notified. Since the fire the University has developed a much more detailed notification process. B. The Plan did not anticipate or plan for the use of cell phones, which was a key in National Association Of College and University Attorneys 3 maintaining lines of communication throughout the day. Since that time every member of the Crisis Management Team has received a back-up cell phone battery with a charging station that is able to charge the phone and the extra battery and a wallet-sized card with contact numbers for other team members. C. The crisis confirmed that a good crisis management plan is like a budget. It is more valuable as a planning tool and to help identify issues and concerns than as a firm plan for managing a particular crisis. Do not hesitate to improvise solutions to issues as they arise. D. Tabletops and de-briefing smaller emergencies and hypothetical crises helped tremendously. Even though the Plan was not formally consulted throughout the day, the various University responders were familiar with the communications and other issues addressed in the Plan, and the Team tailored appropriate solutions to the particular crisis. E. The Plan did not adequately provide for appropriate ways to distribute information to different University constituents and audiences (general public, media, students, parents, victim’s families, displaced fraternity residents). The primary contact for inquiries from students and parents, for example, often needs to be different than the primary contact for the media. The Crisis Management Plan should include communications planning for different constituencies. For example, the University utilized standard means (website, press releases, student press, interviews with key leaders, press conferences) for distributing information to the general public and to students but set-up hotlines for fraternity members and their families staffed by the Division of Student Life. For the families of the deceased students, a senior administrator (Dean of Students or a Vice Chancellor) became the key contact. F. The Plan did not anticipate or plan for the management of others’ generosity. This is foreseeable and should be included in any crisis management plan. Consider whether to ask that the community refrain from giving until the institution can better direct giving to particular needs. G. Designate a place to segregate and hold witnesses/victims where institution can control access, address physical and emotional needs, and preserve evidence. H. Do not let the legal tail wag the dog. Throughout a crisis others will look to attorneys for guidance and direction. Concerns voiced by an attorney can have a disproportionate effect on the institution’s response. Remember that the best risk management strategy is to be kind to and focus on the needs of those who have suffered loss. I. Be careful about those with dual roles and waiver of the privilege. In almost National Association Of College and University Attorneys 4 every meeting during a crisis someone outside the institution’s control group will be present. Often those present may have dual roles, such as a university employee who is a volunteer firefighter or a staff member who is an advisor to a student organization or an officer in a house corporation. VI. J. Update plans regularly to account for personnel and phone number changes. Regular planning sessions are crucial to assure that new personnel are familiar with Plan and with others on the Crisis Management Team. K. Inviting the ATF to lead the fire investigation in the early hours of the fire cut-off potential criticism and second-guessing and added to the University’s credibility as it responded to various inquiries throughout the crisis. L. University identified three key groups and focused on addressing their immediate needs: the media by providing timely and accurate information and a safe area from which to shoot visual images of the damaged house; law enforcement and emergency responders by meeting physical and technical needs and other logistical support; and victims by providing physical needs and support. M. The University needs more joint crisis management planning with area emergency services to settle issues such as who has responsibility for assuring that utilities are shut-off to affected buildings, etc… Conclusion and Present Litigation Risk. In many ways the University charted a crisis-specific response to the fire rather than following the generic Crisis Management Plan. But the University has received strong positive feedback from the ATF and other emergency responders and investigators, from the media, and from the victims and their families. Although the University’s Plan did not play a crucial role in managing the crisis, its planning did. By regularly reviewing the Plan, de-briefing small campus emergencies, and recent tabletop exercises, University personnel were prepared, flexible, and creative. An early institutional focus on meeting the needs of the victims, on building relationships, and on transparency has created much relational capital among the fraternity leadership, its members, the University, and the victims’ families. Since the fire the victim’s families have been extremely gracious and effusive with praise for the University and its handling of the crisis. None have filed a notice of tort claim under the Mississippi Tort Claims Act, but the time for doing so has not yet expired. 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