[Senate Hearing 110-867] [From the U.S. Government Publishing Office] S. Hrg. 110-867 SECURITY ON AMERICA'S COLLEGE CAMPUSES ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION __________ APRIL 23, 2007 __________ Available via http://www.access.gpo.gov/congress/senate Printed for the use of the Committee on Homeland Security and Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 36-308 PDF WASHINGTON : 2009 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS JOSEPH I. LIEBERMAN, Connecticut, Chairman CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia JON TESTER, Montana JOHN E. SUNUNU, New Hampshire Michael L. Alexander, Staff Director Kevin J. Landy, Chief Counsel Beth M. Grossman, Senior Counsel Brandon L. Milhorn, Minority Staff Director and Chief Counsel Robert L. Strayer, Minority Director for Homeland Security Affairs Asha A. Mathew, Minority Counsel Trina Driessnack Tyrer, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Lieberman............................................ 1 Senator Collins.............................................. 2 Senator Warner............................................... 13 WITNESSES Monday, April 23, 2007 David Ward, Ph.D., President, American Council on Education...... 4 W. Roger Webb, President, University of Central Oklahoma......... 7 Steven J. Healy, President, International Association of Campus Law Enforcement Administrators; Director of Public Safety, Princeton University........................................... 10 Russ Federman, Ph.D., ABPP, Director of Counseling and Psychological Services, Department of Student Health, University of Virginia......................................... 14 Irwin Redlener, M.D., Director, National Center for Disaster Preparedness, Associate Dean for Public Health Preparedness, Mailman School of Public Health, Columbia University........... 18 Alphabetical List of Witnesses Federman, Russ, Ph.D., ABPP: Testimony.................................................... 14 Prepared statement........................................... 63 Healy, Steven J.: Testimony.................................................... 10 Prepared statement........................................... 57 Redlener, Irwin, M.D.: Testimony.................................................... 18 Prepared statement........................................... 72 Ward, David, Ph.D.: Testimony.................................................... 4 Prepared statement........................................... 39 Webb, W. Roger: Testimony.................................................... 7 Prepared statement........................................... 44 APPENDIX Sheldon F. Greenberg, Ph.D., Associate Dean, School of Education, and Director, Division of Public Safety Leadership, Johns Hopkins University, prepared statement......................... 79 Jeff and Debbie Shick, parents of David Shick, a student killed on campus, prepared statement.................................. 83 Sheila Matthews, National Vice President and Co-Founder, Ablechild, letter dated April 20, 2007, with attachments....... 86 Responses to Post-Hearing Questions for the Record from: Mr. Healy.................................................... 94 Dr. Redlener................................................. 98 Mr. Webb..................................................... 101 SECURITY ON AMERICA'S COLLEGE CAMPUSES ---------- MONDAY, APRIL 23, 2007 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 2:30 p.m., in room SD-342, Dirksen Senate Office Building, Hon. Joseph I. Lieberman, Chairman of the Committee, presiding. Present: Senators Lieberman, Collins, and Warner. OPENING STATEMENT OF CHAIRMAN LIEBERMAN Chairman Lieberman. This hearing will come to order. Good afternoon and thanks to everyone for being here. Today, for the first time since the awful outburst of violence and death on their beautiful campus last Monday, students at Virginia Tech are returning to their classes. But neither they nor the rest of our country, including, of course, the Members of this Committee, can return to where we were before that terrible tragedy, certainly not the families and friends of the 32 people who were murdered in Blacksburg, Virginia. Our hearts go out to them and our prayers do, as well. This afternoon's hearing is not about what happened at Virginia Tech last Monday. It's about what we can do together to prevent anything like it from ever happening again on any other American college campus. Virginia's Governor, Tim Kaine, has appointed a commission that will thoroughly investigate and review the events of last Monday, and that is the best place for such a review to be carried out. We have convened this hearing not to investigate but to educate, to help answer the questions that so many college students and faculty, their families, friends, and surrounding communities are asking in the aftermath of Virginia Tech. Are America's colleges and universities doing enough to maintain security? What are the best ways to do that? What methods and technologies does experience tell us have been most effective in keeping college communities safe? How can campuses be more alert to the needs of emotionally troubled students and the dangers that they may pose? How can those students best be helped before they hurt themselves or others? Are there Federal laws or programs that should be changed to help America's colleges and universities maintain better security on their campuses? In short, we are here to begin a discussion after Virginia Tech to make sure that together we are doing everything we possibly can to prevent any other campus and any other students and their families from experiencing the nightmare and loss Virginia Tech experienced last Monday. I thank the witnesses who have come here on short notice, and I look forward to their testimony with confidence that their considerable and relevant experience will be very helpful to this Committee. Senator Collins. OPENING STATEMENT OF SENATOR COLLINS Senator Collins. Thank you, Mr. Chairman. As you mentioned, our hearts go out to those who died or were wounded or who lost family members or friends in that terrible campus attack of a week ago. Their pain reminds us that there are more than 4,100 colleges and universities in this country with more than 16 million students. And as Cornell University's Director of Campus Security has warned, ``This type of thing could have happened anywhere.'' Unfortunately, history confirms that statement is true. Killers have targeted students of all ages, not only in our country but in Great Britain, Israel, Russia, Afghanistan, and elsewhere. The murderers have ranged from disturbed individuals to terrorist squads, and their weapons have included guns, rocket grenades, and explosives. Sadly, this threat is not new. Eighty years ago this May, a disgruntled school board member in Michigan blew up that town's school, killing more than 40 people, most of them children. As we will hear today, colleges and universities defy easy answers for law enforcement officials and first responders. Typically, these institutions contain many buildings and hundreds, even thousands, of students, teachers, staff, and visitors who are moving about freely and who, at larger institutions, are likely to be strangers to one another. Campus safety officers confront the daunting challenge of defending campuses that are largely open to anyone who chooses to walk in, whether it is a troubled student with a gun or a terrorist with a suicide belt. Our college campuses, when one starts to think about it, are in many ways attractive targets for those who intend to harm Americans. Besides educating our most precious resource, our sons and our daughters, research universities can house nuclear reactors, anthrax research facilities, and stocks of dangerous materials that could cause injury and death if seized by the wrong hands. Tens of thousands of people gather on college campuses in stadiums to enjoy concerts or sporting events. Although campus security is primarily a State, local, and institutional responsibility, the Federal Government plays a role in strengthening security through the Department of Homeland Security, the Department of Education, the Secret Service, the FBI, and other agencies. It is our hope that today's hearing will shed light on what the Federal Government can do to help bolster the security of the 4,100 colleges and universities across the Nation. We should also consider the issue of campus security in the broader context of homeland security. As potential targets for mass murderers, educational institutions have vulnerabilities similar to those of shopping malls, theaters, and transportation hubs--that is, large numbers of people and relatively open public access. And not even a police state could guarantee security at the thousands of sites like that across this country. But we can do more in a free society to identify best practices, to disseminate them, to help with their implementation, and to assess their effectiveness. As my good friend, the University of Maine Public Safety Chief, Noel March, has pointed out to me--and I know that he speaks very well of one of our witnesses today, Mr. Healy--the International Association of Campus Law Enforcement Administrators is now cooperating with the Department of Justice on developing a National Center for Campus Public Safety that would work toward those goals. We can work with our first responders to ensure more effective responses. Campus communications systems could be improved to allow for more effective alert. Detecting and preventing threats to campus communities, while being duly mindful of personal freedom and privacy issues, is also at least as important as being ready to mount an effective and rapid response to an attack. And that is an area that this Committee has also spent a great deal of time on. Perhaps we can promote better use of homeland security and community policing techniques to identify potential threats more effectively, as well as providing more mental health counseling and intervention. As a member of the Senate's Bipartisan Mental Health Caucus, I am keenly aware of both the terrible effects of serious mental illness, but also of increasingly effective means of treatment. One of the difficult issues that we all need to wrestle with is whether or not the laws and the regulations that are needed to protect sensitive medical information make it too difficult to share vital threat information with campus law enforcement officials. But perhaps our greatest service to our colleges and universities would be to make sure that they are integrated into emergency preparedness and response planning for all hazards. For if schools are better prepared for natural disasters and terrorist attacks, then they will be better prepared to deal with the random and senseless acts of violence like the one that visited such awful sorrow on the families and friends of the Virginia Tech victims. Thank you, Mr. Chairman. Chairman Lieberman. Thanks very much, Senator Collins. We will go to the panel of witnesses now. Again, I thank you for coming on relatively short notice. This is an extraordinarily experienced and diverse panel. While you are addressing a committee of the U.S. Senate, I wanted to ask you to have it in your mind or to speak as if you were addressing the parents and students that we have met in the last week, that probably each of you have come across in the last week, who have asked, ``Are we safe on our college campus? And is there more that can be done to make sure that we are?'' We are going to begin first with David Ward, Ph.D. Dr. Ward is currently President of the American Council on Education (ACE). From 1994 to 2000, he served as Chancellor of the University of Wisconsin at Madison, during which time he was responsible for managing the university's response to a number of crises, including a stampede of students at a football stadium. ACE represents approximately 1,800 accredited degree granting colleges and universities and higher education related associations. Dr. Ward, we are grateful that you are here, and we look forward to your testimony now. STATEMENT OF DAVID WARD, Ph.D.,\1\ PRESIDENT, AMERICAN COUNCIL ON EDUCATION Mr. Ward. Thank you, sir. Chairman Lieberman, Ranking Member Collins, and Members of the Committee who may eventually join us, I want to thank you for this opportunity to testify today about the important and timely issue of emergency preparedness on our college and university campuses. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Ward appears in the Appendix on page 39. --------------------------------------------------------------------------- Let me say at the outset the security of students, faculty, and staff is a preeminent concern of every college and university president, and my association is essentially a representation of those presidential roles in higher education. On the other hand, the strength of the presidency is reflected in the team that they lead. And many of the other testimonials you hear today will be from the people who are, in a sense, in the trenches developing the plans and providing the expertise the presidents rely on. But ultimately it is the judgment of presidents that often is determinative of the response and the planning that goes on. The events of September 11, 2001, certainly changed the way campuses, as well as the rest of the country, view the issue of security. Four years later, the devastation wrought by Hurricane Katrina challenged the survival of our institutions in New Orleans and the Mississippi Delta as never before. And of course, last week's tragedy at Virginia Tech has put these issues at the forefront of our Nation's consciousness tragically once again. In thinking about this topic, I think it would be useful to put the issue of emergency planning as it relates to colleges and universities in some context and to identify those factors that make securing our campuses particularly challenging. We are not, in a sense, a firm. We are not a defined entity in space. And I think we need to keep reminding ourselves how complex they really are. Not only are universities complex, but they are also open by design. The campus that I supervised in Madison covered, in its various sections, almost 10,000 acres. It enrolled 42,000 students, employed 16,000 people. And on any given day, there were thousands of visitors either attending extension classes or other functions on campus. This mobility is a characteristic that is equally pronounced on campuses with a large number of commuter students so that the community is in constant motion. Knowing where they are at any time is extremely difficult. And the campus itself is multi-centered. Colleges and universities are complex places with a great number and variety of facilities--dormitories, dining halls, classrooms, offices, power plants, laboratories, field houses, and stadiums. In Madison, we had 600 buildings, a hospital, a medical school, a research park, a nuclear reactor, an 80,000- seat football stadium, and a 17,000-seat fieldhouse, just for starters. So they're really more like small towns than they are even like a shopping center or an airport. Colleges and universities also have large numbers of faculty and staff. In many places they are the largest employers in the area. Their defining characteristic is that they serve a population--and this, I think, is important--that consists predominantly of young adults whose attitudes and behaviors often differ significantly from workplace employees or even elementary and secondary school students. From my own experience as chancellor, I can tell you that crises can happen when you least expect them. I think crisis management has become one of the defining skills that all chancellors and presidents surely now need to have. In my case, as has been mentioned, I faced an unexpected challenge of dealing with a post-game crowd surge at a football game that resulted in 70 students being treated for injuries in our hospital, 15 of whom were, in fact, so seriously injured that it was thought that we might not be able to save all of them. They were all saved by the enormous and effective treatment at our university hospital by our trauma surgeons. But we did use that incident to spur improvements in our communications plan, upgrade the stadium facilities, and augment medical and security staff at such events. Without any hesitation I can tell you that the safety and well-being of students, faculty, and staff is a subject that keeps all presidents up at night, whether the campus sits on the San Andreas fault like the University of California at Berkeley, on a coastal floodplain like Dillard University, or in Lower Manhattan like Pace University which, in addition to its main campus, had classrooms in one of the World Trade Center buildings. While all campuses engage in serious emergency preparedness and contingency planning, there is no question that security efforts were dramatically stepped up on all our campuses following September 11, 2001. The same kind of increased scrutiny will take place now, as well, as each of our colleges and universities tries to make sense of the unspeakable tragedy at Virginia Tech by sharing the kind of research and information that will be gathered in its wake and using it as a means to help avert future disasters. A careful planning effort is, of course, one of the key reasons why our Gulf Coast institutions accomplished the smooth evacuation of all of their student and faculty when Hurricane Katrina struck. Over 120,000 students were able to register at other institutions within 2 weeks of that disaster. In contrast to the extensive death toll caused by the storm throughout the region, the evacuation and reregistration of more than 100,000 students and faculty from 30 institutions was achieved without a single loss of life and is an unheralded success story of that particular disaster. Even as the tragic events of the past week were unfolding, many campuses around the country took immediate steps to place their own institutions on a heightened state of alert. Why? As the campus chief at the University of Texas said, ``A concern for every law enforcement official in the Nation right now is copy cats.'' We will continue to learn more about what added security measures campuses intend to take to bolster their own planning and prevention efforts, but they have each begun the task of re-examining the needs of their campus. Rice University is attempting to work with residential college leaders to identify students who appear to be under extreme stress so that they can be referred to counseling. This is truly one of the great legal challenges of our campuses. The University of Memphis plans to build a system that will act as a schoolwide intercom. The University of Iowa is weighing a similar outdoor system. The College of the Desert has a new phone system that allows it to quickly send out announcements to every phone on campus and a backup loudspeaker system when phone contact is not possible. Nearer to home, at Johns Hopkins University, 100 smart cameras have been installed on campus that are linked to computers which will alert campus security and Baltimore City Police when suspicious situations arise. The International Association of Campus Law Enforcement Administrators, who we will hear from, is the professional association and accrediting agency which has been instrumental in developing best practices, training materials, and guidance for the campus community in matters of security. We support their recommendation to take the next logical step toward strengthening campus first responder capabilities. In the end, it comes down to planning. It is essential that every campus have an emergency plan in place that identifies a core response team, a communications plan, and a way to implement the movements of emergency and other staff in a variety of scenarios. No one wants to consider the unthinkable. But in our post- September 11 world, all of us must consider it and plan for it. This includes college and university presidents. We have already made great strides to upgrade campus security and ensure that our world-class institutions remain safe places to live, learn, and innovate. The thing we have to remember is that we cannot rest on our laurels; as the events of Virginia Tech have shown, there is always some new and tragic episode around the corner. And ultimately, I believe, there are two big problems that we face. One of them is that we are, by nature, rational communities and the worst disasters are, in fact, the result of levels of distress in human beings that are often not susceptible to rational treatment. And how we deal with this challenge where the predictability of so many things on the campus we can plan for, but the unpredictable, which is often built in to some of these human tragedies, is very hard to cater for. And finally, not only are our college campuses extremely complicated, very large, and almost different from any other institutional form, but they are also very different themselves. The plan that might meet the needs of a small liberal arts college, great research university, a community college, something that is in a downtown setting or in a rural setting, all will require some subtle differences in how they develop their emergency planning. One size in our response will certainly not fit all. Thank you, Mr. Chairman. Chairman Lieberman. Thanks very much, Dr. Ward. That is a very good beginning to the discussion. Our next witness is W. Roger Webb, who is currently the President of the University of Central Oklahoma, a public university of approximately 16,000 students in the greater Oklahoma City area. Mr. Webb is testifying on behalf of the American Association of State Colleges and Universities, which represents over 400 public 4-year colleges and universities. Of real interest to us is that before being a college president, which Mr. Webb has been for 20 years, he was the Commissioner of Public Safety for the State of Oklahoma and a member of the State Highway Patrol. Thanks very much for being here. We look forward to your testimony. STATEMENT OF W. ROGER WEBB,\1\ PRESIDENT, UNIVERSITY OF CENTRAL OKLAHOMA Mr. Webb. Thank you, Chairman Lieberman and Ranking Member Collins. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Webb appears in the Appendix on page 44. --------------------------------------------------------------------------- Thank you for this hearing and thank you for your opening statements which very well, I think, set out the issues that we face today. Let me tell you about an experience that I had just last Friday, which drove home to me the significance of these issues. I was walking across our campus during the noon hour, and I ran into a campus tour of approximately 25 students, many of them there with parents. They were checking out our campus, making decisions about where to go next fall. As the tour guide introduced me to the group, he asked are there any questions of the president? One lady, a mother, quickly held up her hand and said, Mr. President, we are seriously thinking about your university for next year. But I have one question for you. And that is will Amanda be safe on your campus? Mr. Chairman, that is the question that parents all over America are asking today as they prepare to send their sons and daughters off for what should be the best 4 years of their life. She did not ask me about the library. She did not ask me about our wireless campus. She did not ask about any academic programs. She was, first of all, concerned about the safety of her daughter. I entered academia after 12 years in law enforcement, the last 4 years serving as Commissioner of Public Safety for Oklahoma. Perhaps this makes me one of the few college presidents in America who once carried a badge and gun and now serves as a university president. Hopefully some of the experience that I had living in both worlds, law-enforcement and higher education, will provide me some insight as my colleagues and I deal with these very complex issues involving campus security. College administrators today are facing many competing priorities. One is the mind set of law enforcement which says that to curb crime, to prevent violence, we need a greater police presence. The academicians say no, we cannot do anything to chill the open and free environment that we have that is so important to a quality education. So this is a debate that often carries over in budget decisions that presidents and senior administrators must make about how to spend the money. Do we invest more in cameras and equipment, in police personnel? Or do we put more money over in the chemistry department? For years those of us in the heartland thought that we were pretty well immune to mass violence and acts of terrorism. Twelve years ago just last week this erroneous assumption was shattered when Timothy McVeigh ignited a Ryder truck loaded with fertilizer and racing fuel and brought down a Federal building, taking the lives of 168 innocent women, children, and men, seriously injuring over 500 more in a blast that was heard and felt on our campus 18 miles away. No one had ever thought about a truck becoming a weapon of mass destruction. Neither had law enforcement planned on hijacked airplanes flying into buildings and becoming instruments of death, nor a one-room Amish schoolhouse becoming a killing zone. Certainly September 11 should have been a wake-up call for all of us to the potential of mass violence and even the threat of terrorism on our campuses. But in reality not much has happened on most college campuses in this country in terms of increasing our level of security. Just one week ago our world again was turned upside down by this tragedy that occurred when an individual became a weapon of mass destruction with two handguns when he walked into a dormitory and a classroom on one of the great campuses in Blacksburg, Virginia. In the aftermath of all of this the spotlight is shining squarely today on college presidents and senior administrators, and that question is before us, how safe are our campuses? Most universities have a campus police system and certified officers, and Mr. Healy represents a great association. They do a great job with their campus security. Most of our campus police, they do a good job on the routine day-to-day operations of the campus, crowd control, preventing theft, dealing with small issues. But they are challenged in that rare case when there is a major crisis. This is why partnerships between the local campus police and the city, State, and Federal Government is so important. So when an event happens, we can quickly bring in the experts who are experienced in dealing with these major situations, can take over the jurisdiction on our campuses. Colleges and universities are experiencing another challenge, and that is the significant rise in the percentage of students who are coming to our campus already diagnosed with mental illnesses. In coping with this, the universities have to balance the privacy rights of the individual student against protecting the entire student body. This is a particularly complex task. Because of this challenge, we must have professional counselors on staff. And as presidents, we must fund those counseling staffs adequately to handle those students as they come to our attention. All university personnel, particularly faculty and staff, need to be trained to be able to report signs of troubling behavior. So often these students are crying out. They are reaching out to us, and we do not hear them and we do not see them. But when they are identified, the hope is that the students will agree to be treated. It is in those cases when they do not agree to voluntarily submit themselves to treatment that we have this quandary. The threshold is set very high as to when we can forcibly remove that student from the college campus. This is the gray area. This is a problem area that campuses are having to deal with. It is one of those difficult situations. And our goal has to be to discipline the disruptive behavior, not disparage the individual. There are severe limits on sharing of information, sharing information with other campuses who these individuals may transfer to. We transfer problems from campus to campus and do not even know it. Sharing information with parents. So certainly issues should become a focus of a national debate on when we can lift this protective shield of privacy and help deal with these troubled students. There are issues about communication that we have talked about in recent days. How can we best communicate with students on our campus? Chairman Lieberman. Mr. Webb, if you need a little extra time, go ahead and take it. I notice you are moving your pages because the clock is moving. So if you need a few extra minutes to finish your statement, go ahead. Mr. Webb. Thank you, Mr. Chairman. I am concerned about the communications methods that we have. There is a lot of debate about that. We have to use all forms of communication. We have to use old media and new media. We know that the students communicate differently. We can use those social networks, MySpace and Facebook and text messaging. But for those commuter students and those non-traditional-age students, perhaps who have not reached campus when a crisis is alerted, we need to go back to the old-fashioned radio and TV announcements, the alarm systems, the flashing alarm systems for those students who may be hearing impaired, the old- fashioned kind of intercom system, the voice-activated alarm systems where we can tell students what to do when there is a dangerous situation on our campus. Many States now are already reviewing their campus security. I know the Governor of Virginia has started that. Our own governor, Governor Brad Henry of Oklahoma, created a task force last week. He asked our chancellor, Glen Johnson, to head that task force. Every college and university in our State will be reviewing our security plans. And then on May 30, there will be a national summit on campus security that will be held at the University of Central Oklahoma. And we will have national speakers there. This will be sponsored by our State Regents for Higher Education, by our American Association of State Colleges and Universities (AASCU), the Memorial Institute for the Prevention of Terrorism, and the University of Central Oklahoma. After Columbine, there was a number of Federal dollars that were dispersed for materials. There are some good materials out there. They need to be reviewed and updated, and they need to be distributed to our campuses once again. One great source I mentioned is the Memorial Institute for Prevention of Terrorism (MIPT), a trust that was created after the Oklahoma City bombing. It is the top website in the world on terrorism. I would suggest that the Department of Homeland Security may help MIPT put together a link on campus security. And then, of course, AASCU is also a great clearinghouse for that. There are other experiences out there that we can look to. I have cited them in my written remarks, the University of West Florida for hurricanes, California State University at Northridge, Sonoma State, and there are others. Mr. Chairman, I cannot guarantee that Amanda will be 100 percent safe on our campus. I can say that this campus and campuses across America are among the safest places that she could spend the next 4 years of her life. Much to do with Amanda's safety will be the decisions that she makes while she is on our campus. But we need her and we need the eyes and ears of every faculty member, every staff member, to help us to be able to identify individuals who may be troubled and may need some help. And I would suggest that we all use that safety mantra on the New York subways that if you see something, say something. And finally, Mr. Chairman and Senator Collins, I assure you that every college, every university in America, and every parent in America will appreciate any help, any assistance, any guidance that this Committee can provide us. Thank you very much. Chairman Lieberman. Thank you, President Webb, for the help you have provided us in your testimony this morning. Our next witness is Steven Healy. He is the President of the International Association of Campus Law Enforcement Administrators and Director of Public Safety at Princeton University, where he has served since 2003. Chief Healy, thank you for being here, and we look forward to your testimony now. STATEMENT OF STEVEN J. HEALY,\1\ PRESIDENT, INTERNATIONAL ASSOCIATION OF CAMPUS LAW ENFORCEMENT ADMINISTRATORS; DIRECTOR OF PUBLIC SAFETY, PRINCETON UNIVERSITY Mr. Healy. Thank you and good afternoon Mr. Chairman and Senator Collins. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Healy appears in the Appendix on page 57. --------------------------------------------------------------------------- As you mentioned, I am the President of the International Association of Campus Law Enforcement Administrators (IACLEA), an association that represents the campus public safety executives at 1,100 institutions of higher education and more than 1,800 members. I am also the Director of Public Safety at Princeton University. IACLEA joins with you in mourning the loss of so many students and faculty at Virginia Tech last week. Our shared efforts to advance campus public safety must acknowledge and honor the students and faculty who perished and were injured one week ago today. This tragic event has heightened the urgency of our continuous efforts to enhance campus public safety at the more than 4,000 institutions of higher education serving 15 million students. I thank and commend the Committee for holding this important hearing. This afternoon I hope to accomplish three goals. First, I want to assure the Committee and the American people that vigorous efforts are underway to develop and implement best practices in campus public safety. With our partners, such as the International Association of Chiefs of Police, College and University Policing Section, and several Federal agencies, we are committed to enhancing safety and security on our Nation's campuses. Second, I hope to paint a picture of the complexity of this very critical mission. And finally, I hope through my testimony that we can identify additional ways to supplement our current efforts. Campus public safety continues to evolve into a complex responsibility. Our officers must be trained and equipped to deal with a variety of issues. These include community policing, crime prevention and control, alcohol and substance abuse, sexual assault, dating violence, students with mental health issues, and campus crime reporting compliance. Colleges and universities are traditionally open and accessible environments that reflect our free and democratic society. We must balance that openness that is the center of American higher education with the need to protect students, faculty, staff, and visitors. We must assure the safety of our students in the classrooms and in their dormitories while protecting facilities critical to business, health, and national defense. We do this while fostering an environment that is conducive to learning, teaching, and research. There are a number of critical safety issues facing colleges and universities today. At the top of the list are issues related to high risk drinking and the use and abuse of illegal and prescription drugs. In the year 2001 alone more than 1,700 students died from unintentional alcohol-related injuries. The problem has reached devastating levels, and campus public safety agencies are key partners in addressing these critical challenges. Homeland security, of course, is also a priority on our campuses. It is no secret that campuses have many elements that make them attractive targets for terrorism. These include international communities, sensitive research materials, controversial research projects, and sporting venues that accommodate tens of thousands of spectators. These realities prompted FBI Director Mueller to identify campuses as soft targets for terrorism. Campus public safety is provided in a variety of ways. Some institutions have sworn armed officers with full police powers while others have non-sworn unarmed officers. We work within different governing structures and under an array of Federal and local laws. Given this complexity of the campus public safety environment, I am able to report to you that we are continually vigilant to the issues of safety and security on our campuses. That said, we must continually review and when necessary enhance our policies and procedures to address new and emerging challenges. I would like to discuss areas where we are leading the way. I have submitted additional materials that supplement my comments and welcome the opportunity to further speak with Committee members about these important issues. Since 2004, grant support from the U.S. Department of Homeland Security has enabled IACLEA to develop a variety of training programs and resources for campus public safety agencies. Thousands of our officers and first responders have attended these training programs. We are currently delivering a command and control course that has trained more than 700 command-level officers in its first year of operation. The multiagency response at Virginia Tech last Monday underscores how important it is for our campus public safety agencies to exercise and train with their law enforcement partners outside of campus. IACLEA, together with Texas A&M University, has developed a Threat and Risk Assessment Tool to assist campus executives in performing an assessment of their vulnerabilities and implementing solutions. In doing so, the capacity of the university to prevent, protect against, respond to, and recover from catastrophic events is enhanced. IACLEA has also partnered with the Department of Homeland Security and the FBI to produce a lessons learned white paper based on the experiences of the Gulf Coast campuses during Hurricanes Katrina and Rita. This widely distributed white paper sets forth specific recommendations to enhance campus preparedness. Of course, we also offer educational workshops at our annual conferences and other training venues. While we currently reach nearly half the traditional higher education institutions, we need to ensure that all colleges and universities are committed to and have access to high-quality information, best practices, and training. Greater Federal, State, and local support for campus public safety agencies-- both public and private institutions--would provide additional opportunities. Campus public safety agencies are not explicitly recognized as potential recipients of Federal funds administered by DHS and the Justice Department. This presents a major challenge in many States when decisions are being made about the allocation of formula grant funds. We urge Congress to consider creating a dedicated funding stream to strengthen public safety on our Nation's campuses. In late 2004, the U.S. Department of Justice's Office of Community Oriented Policing Services convened a National Summit on Campus Public Safety. The summit brought together nationally recognized experts on campus public safety, campus risk management, and emergency preparedness. A consensus recommendation was the need for a National Center for Campus Public Safety to support research, information sharing, best and model practices, and strategic planning. Tomorrow I will be meeting with representatives from the Office of Community Oriented Policing Services and the National Center for Campus Public Safety Advisory Board to further develop the framework for this center. A national center would serve as an invaluable resource for all those who have a stake in campus public safety and thus, the success of our colleges and universities. In summary, Mr. Chairman, Senator Collins, and other Members of the Committee, adequately protecting our Nation's colleges and universities relies on important partnerships. There are very critical relationships that we must continue to develop and nurture on our campuses and with our Federal, State, and local partners. These partnerships are developing but must be stronger. In light of the tragic events at Virginia Tech, we will work with the FBI and the U.S. Secret Service to expand previous studies of middle and high school-aged shooters to take a deliberate, campus-focused look at rampage shooting incidents at colleges and universities. This examination and the lessons learned from it will surely result in the identification of best practices. IACLEA will also work with the national associations of higher education and our other partners to adopt a four-point risk management strategy that we believe may help us prevent future tragedies. I have outlined those four points in the statements provided to you. Of particular interest is the need for mass notification systems that have the appropriate capacity, security, and redundancy. These systems must be capable of reaching our community members using several methodologies including landline and cellular phones, text messaging, and e-mail. I believe this approach will address potential gaps that may exist on some campuses and establish a framework for addressing future challenges. In closing, for the past 49 years, IACLEA has worked to advance campus public safety. We understand the vital role our colleges and universities play in ensuring democracy throughout the world. We will continue to be an advocate for the 30,000 public safety officers who serve over 4,000 unique communities. Thank you for your commitment to this important issue. As I mentioned at the beginning of my statement, advancing campus public safety is a shared responsibility and requires efforts from all of us. I would also like to thank the Department of Homeland Security, the FBI, the Justice Department, and the Department of Education for their support, along with many State and local agencies who are our partners. These partnerships are vital to fulfilling our promise to ensure that every campus community remains safe and open. I appreciate the opportunity to contribute to this conversation. Chairman Lieberman. Chief Healy, thanks very much for some very constructive thoughts, which we want to discuss further in the question-and-answer period. I want to welcome Senator John Warner, our friend and colleague from Virginia. Senator Warner, before we go to the final two witnesses, would you like to offer an opening statement? OPENING STATEMENT OF SENATOR WARNER Senator Warner. I thank you for that courtesy, Mr. Chairman. I think at this moment I will just listen to the rest of the testimony, and in my time I will take a question or two. Chairman Lieberman. Very well. Thank you. I am very glad you are here. Our next witness is Dr. Russ Federman, Director of Counseling and Psychological Services, Department of Student Health, University of Virginia, where he has served since 2000. Dr. Federman, we welcome your presence and your testimony. STATEMENT OF RUSS FEDERMAN, Ph.D., ABPP,\1\ DIRECTOR OF COUNSELING AND PSYCHOLOGICAL SERVICES, DEPARTMENT OF STUDENT HEALTH, UNIVERSITY OF VIRGINIA Mr. Federman. Thank you. Distinguished Senators, Senate staff, members of the media, and all others present today, as clinical psychologist and Director of Counseling and Psychological Services at the University of Virginia, I am here today to try to provide you with an overview of the current state of mental health issues and responses on university campuses across the country. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Federman appears in the Appendix on page 63. --------------------------------------------------------------------------- According to the Department of Education, there were 17.3 million students enrolled in over 4,500 colleges and universities nationwide in 2004. The Chronicle of Higher Education projects 2007 enrollment figures at nearly 18 million. From the 2006 National Survey of Counseling Center Directors, which surveyed 376 directors across the country, we see that 8.9 percent or one in every 11 students has sought counseling or psychological help within the past year. When we take this 8.9 percent and apply it to the current projected enrollment of 18 million, it yields a total of 1.6 million students having sought counseling or psychological help during the same time period. Since 2003 the American College Health Association has been conducting the National College Health Assessment. The most recent 2006 survey involved the largest randomized sample since the survey's inception, and that included 94,806 students from public and private universities across the country. The survey reports some striking data. Within the past year, 94 out of 100 students reported feeling overwhelmed by all they had to do; 44 out of 100, almost one-half, have felt so depressed it was difficult to function; 18 out of 100, or close to one out of every five, reported having a depressive disorder; 12 out of 100 had an anxiety disorder; 9 out of 100, or one out of every 11, reported having seriously considered suicide within the past year; 1.3 percent actually did attempt suicide. That's 13 out of every 1,000 students. If we have 18 million enrolled students, this means 234,000 suicide attempts every year, 19,500 every month, 642 attempts per day. That is staggering. Why stop suicide? Well obviously, it saves student lives. But we also know that some students become suicidal before they become homicidal, before they act on their murderous wishes. In the past 10 to 15 years, we have seen a significant sea change with university counseling center work. More effective psychotropic medication, improved education of primary care providers in childhood and adolescent disorders, and gradual destigmatization of treatment allow for enrollment of far more students today with pre-existing psychiatric disorders than we would have seen 10 or 20 years ago. The traditional university counseling center has become the university community mental health center, where we are faced with high volume, high risk, and very serious illnesses. The kinds of mental disturbances which yield extreme violence are rare. Individuals with this level of disturbance typically experience a degree of impairment that is inconsistent with requirements of university life. Given the ongoing interactions with peers, faculty, and residence life staff, when a student's functioning deteriorates within a university setting, the student's aberrant behavior is usually observable and distressing to others. In most instances, university faculty, deans and administrators, in addition to university mental health professionals, are notified of these instances and appropriate attention and limits are brought to bear upon the individual. Counseling centers have received increased resources over the last 10 years in an effort to keep up with need. But the gradual expansion of resources has also corresponded with ever increasing student enrollment. From the National Director Survey, we see that in 1996 we had a ratio of one clinical staff per 1,598 students. This past year, in 2006, we see a ratio of one per 1,697. We are not getting ahead of the curve. If anything, we are beginning to slide behind. With limited resources, counseling centers are usually directed toward crisis intervention, stabilization, and brief treatment approaches. Many students may need more than brief approaches. And when resources are stretched to meet the greater needs of more acutely disturbed students, this consumes important hours that could be used to treat a larger number of students. University mental health clinicians devote considerable time toward consultation with administrators, deans, faculty, staff, and parents creating an interconnected web of support. Although confidentiality laws generally prevent university counseling centers from sharing confidential information without the student's permission, in most instances students are willing to provide this permission as they recognize the helpful intent of our efforts. It is said that it takes a village to raise a child. My experience is that within Divisions of Student Affairs, the village is a very interactive one where students' well-being is our primary concern. Today's hearing exists against the backdrop of a tragic event, the recent shooting at Virginia Tech. What we must keep in mind is that this was one incident. Its proportions were greater and more tragic than we have ever witnessed on a university campus, but it was one incident. The frequency of a mentally disturbed student perpetrating senseless violence on a university campus can almost be counted on one hand. The Virginia Tech shooting does not bring our attention to large numbers of students falling through the cracks. In actuality, it was an extreme exception to the norm, and as such, it illustrates that university officials, in collaboration with mental health professionals, are doing an exceptional job in managing those mentally ill students who do represent a threat to university communities. The most obvious challenge faced by university counseling centers involves funding to adequately meet the increasing demand for mental health services across the country. Those resources currently available do allow us to be responsive to high needs students. However, this capacity is quite variable from one university to the next. Most university counseling center staffs are overworked. During peak times of the semester, we are all barely able to keep up with the influx of new students. Furthermore, as long as resources are consumed with clinical treatment and case management, university counseling centers cannot do an adequate job with the preventative work of outreach and education. Most directors feel they are only scratching the surface with regard to the delivery of truly effective preventative educational services. More truly is needed. We are also faced with the dilemma of how university communities can best work together to identify and manage those students with complex mental health needs. The issue of communication among campus officials pertaining to disturbed students is a complex one. Mental health licensing laws prohibit clinicians from communicating about patients without a signed release. To those who are not regularly engaged in mental health work, the limitations of patient confidentiality may seem frustrating and counterproductive. However, from the point of view of the patient, confidentiality is one of the salient factors that allow them to reach out in the first place. Students need to be able to express their most disturbing and frightening thoughts without fears of unwanted consequence. If students perceive confidentiality as permeable and easily dispensable, then large numbers of students will not come for help and our ability to protect the community will become further diminished. Confidentiality saves lives. Confidentiality does not place more lives at risk. Confidentiality is essential to good psychotherapy. Having said that, it is clear that university officials also need to be able to communicate to one another, and sometimes with parents, when student threat of harm reaches a threshold where the university community is no longer safe. Here lies the rub. Federal Educational Rights and Privacy Act of 1974 (FERPA) is intended to protect the confidentiality of student records and define under what instances parents can have access to student information and grades. Access is given ``in connection with an emergency to appropriate persons if the knowledge of such information is necessary to protect health or safety of the student or other persons.'' This definition is vague and is left to the interpretations of individual universities. A more liberal interpretation which does allow for open communication of high-risk issues comes into direct conflict with mental health ethics and licensing codes pertaining to confidentiality. Unless imminent danger to self or others is at hand, then clinicians' capacities to communicate with other university personnel or even patients' families are limited. If and when we do choose to breach confidentiality in order to address issues of safety, then we risk violating mental health and ethics codes. Essentially, we are faced with circumstances where we are damned if we do and we are damned if we do not. The complex interplay between students' rights to confidentiality, university personnel's need to communicate, families' inclusion in this communication, and the inherent conflicts of our health care, educational, and confidentiality policies need serious consideration and review. We need to get ahead of the curve with resources devoted to mental health. The cost of university education is more than many families can bear. We cannot simply add to tuition or support fees as a solution. In 2003, during the 108th Congress, members of the U.S. Senate and the U.S. House of Representatives introduced bipartisan legislation that was designed to help campus counseling centers provide mental services and meet the increasing needs of students. Provisions of this important legislation were included as part of the Garrett Lee Smith Memorial Act, a law named after Senator Smith's son who committed suicide. The Campus Suicide Prevention Program exists now as a competitive grant program administered by the Substance Abuse and Mental Health Services Administration. Funded at $5 million, it is a small program but one whose value has become more evident in the past few years. While the Campus Suicide Prevention Program did integrate many of the important provisions of the Campus Care and Counseling Act, it did not provide the authority that would allow campus counseling centers to expand their staff, internship, or residency slots, an option that would ensure greater availability of clinical services. Further, the authorization of appropriations was capped at $5 million. The Campus Suicide Prevention Program must receive an increase in appropriations. The use of funds must be broadened to allow centers to strengthen long-term staffing. New funding for student outreach, education, and prevention is absolutely necessary. We must join the academic community in teaching students about healthy lifestyles which truly are the strongest protective factors against depression and other mental illnesses. Educational efforts must also extend to involve student peer connections. Students know students. They know when students are doing well and they typically know when they are not doing well. We need to do a better job of partnering with students and utilizing their own awareness of their troubled friends in bringing those students to our attention and in facilitating appropriate help. The legislature needs to attend to the important intersect of HIPAA, FERPA, and confidentiality codes. Greater consistency between laws and policies are needed. Within recent years, we have also seen numerous initiatives and foundations created in response to the growing awareness of university mental health issues. Research endeavors and policy initiatives such as those being conducted by the Association of University and College Counseling Center Directors, the Jed Foundation, the National Research Consortium of Counseling Centers in Higher Education, and the Center for the Study of College Student Mental Health are all essential to our understanding and response to student mental health issues. And we need more. In closing, I appreciate the Committee's attention to these pressing problems. We face urgent challenges and unmet needs. Our university students are our Nation's future, and we must ensure they receive the help they need. Thank you very much. Chairman Lieberman. Thanks very much, Dr. Federman. You touched directly on some Federal laws there and funding programs, and I will want to come back and talk to you some more about that in the question and answer period. Our final witness this afternoon is Dr. Irwin Redlener, a pediatrician by training. Dr. Redlener is President and Co- founder of the Children's Health Fund. He is also Director of the National Center for Disaster Preparedness and Associate Dean for Public Health Preparedness at Columbia University's Mailman School of Public Health. His recent book, ``Americans at Risk,'' explored the Nation's lack of preparedness for large-scale disasters, including the vulnerability of soft targets such as schools. Dr. Redlener, we welcome your testimony now. STATEMENT OF IRWIN REDLENER, M.D.,\1\ DIRECTOR, NATIONAL CENTER FOR DISASTER PREPAREDNESS, ASSOCIATE DEAN FOR PUBLIC HEALTH PREPAREDNESS, MAILMAN SCHOOL OF PUBLIC HEALTH, COLUMBIA UNIVERSITY Dr. Redlener. Thank you very much, Mr. Chairman. Thank you, Senator Collins and Senator Warner. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Redlener appears in the Appendix on page 72. --------------------------------------------------------------------------- Thank you on behalf of a lot of Americans who are depending on this kind of leadership to demonstrate how concerned the country is officially about the events that occurred like the one in Virginia last week. I am sure that it is the collective hope of this entire panel that we provide you with insights and perspectives that may help you meet some of the challenges that will help make institutions of higher learning, and schools in general, be as safe and secure as possible. I really want to focus on some specific recommendations that I think might be appropriate for consideration. The first is I want to emphasize the point that has been made before, that, by and large, American schools and colleges and universities are safe places. I think the statistics bear that out, even though the emotional impact of these horrible events seem to belie the reality. The fact is that most schools and campuses are entirely safe. And Amanda should be happy to go to your university. But like all other places and institutions they are subject to an array of hazards and risks and accidents. And the millions of children who go to these campuses and the parents who send them there need to be sure that we are doing everything we can collectively to make sure that these children are safe. That said, we do many things in our country and our society, like wearing seat belts in cars and keeping smoke alarms in our homes and taking proper precautions at the workplace, all preventive public health strategies that are instituted to help make sure that people are safe wherever they are. Similarly, I think all of the efforts that you have heard discussed today do require a ``public health approach'' to make sure that we have done what we can do. What this means is that sufficient attention and resources need to be devoted to establishing and sustaining a prudent, smart, all hazard approach to campus safety without compromising a primary commitment to education, and without undermining the sense of an open and free campus. It is a difficult balance, I should say, to keep this perspective of trying to make sure that campuses are safe, while underscoring the importance of core values. Second, it is my strong opinion that tragedies like what occurred at Virginia Tech or Columbine or other sites are not about movie violence, video games, Goth culture, or even, in most cases, anything resembling reality-based revenge. These events are about people with extreme, potentially intractable and violent psychiatric disorders. The prevention of these catastrophes is therefore about sophisticated detection, appropriate intervention, and doing everything possible to keep instruments of mass destruction out of their hands. This is a difficult task, to be sure. But it is also essential that we do what can be done to reduce the possibility of more Virginia Techs in the future. Third, like any card-carrying public health doctor, I believe in prevention as the first priority of action. There are things that can be effective in preventing, perhaps not all, but some of these terrible tragedies. But when prevention fails, all of our response and mitigation strategies and systems must be ready, capable of dealing with extreme life- threatening situations. So my recommendations will be in two categories. First, improving our ability to prevent catastrophe; and second, enhancing our capacity to respond effectively to save lives. My fourth observation, though, is that prevention and response strategies involve a wide range of players from government at all levels to community responders, campus officials, students themselves, and concerned family members. It is very important therefore to understand the roles of each of these sectors because they are different. They need to be coordinated; they need to be integrated. What the Federal Government needs to do is very different than, say, what State governments or campus authorities need to do. So, I am going to limit my comments to those actions which I think might be helpful for Federal consideration. Finally, I believe it is also essential to raise the specter of a potential disaster which could become a reality at some point in our Nation's future. I am referring to the possibility of a planned terrorist attack on one or more of America's softest targets, our schools and college campuses. These places, like hospitals and public spaces in the workplace, are known as soft targets because access is relatively simple, absolute security is virtually impossible, and the potential for terror-induced, high degrees of society- wide grief and reaction are assured. In fact, the question of children as targets of terrorism was addressed at a national conference we held at Colombia in the fall of 2005. Our concerns were driven by a well- established history of terror organizations explicitly attacking children throughout history and in many parts of the world. We are painfully aware of the horrific 2004 attack on a school in Beslan, Russia, where more than 150 children were slain before the perpetrators could be neutralized by authorities. Although this attack was clearly the work of Chechen rebels, there was a continuing suspicion that Al Qaeda was somehow involved in the planning, if not the execution, of the assault. Our concern, of course, is that the possibility of a Beslan-style attack on a U.S. school or campus cannot be dismissed. Other realities that have gotten our attention include the fact that in late 2001, a planned attack on an American school in Singapore was thwarted by counterterrorism officials. In the fall of 2004, an Iraqi insurgent captured in Baghdad was discovered to have had detailed plans and layouts of schools in five States. And perhaps most unsettling have been the writings by Al Qaeda leaders who have articulated a kind of Jihadist mandate to attack U.S. citizens in general and children in particular. Among the more notable and chilling examples of these threats was written by Sulieman Abu Gheith, a key bin Laden lieutenant subsequently captured by coalition forces. But his writings included quotes like the following, ``We have not yet reached parity with America. We have the right to kill 4 million Americans, 2 million of them children.'' All of this suggests that the United States cannot afford to be sanguine about the dangers facing our children and young people, and we need to be sure that efforts to prevent, mitigate, and respond to strategies encompass a wide range of potential hazards including, as I have just mentioned, non- domestic terrorism. So as to my specific recommendations, I want to start with a couple of comments about what needs to be done as far as prevention is concerned. With respect to the prevention of major school violence or campus shootings, there are at least three major unsolved challenges that really impede our ability to make progress here. The first is that while the responsibility for responding to emotional and psychiatric concerns of students rests predominately with campus staff and, to a certain extent, parents of affected students, there are seemingly serious and pervasive gaps in our knowledge about best practices to most effectively manage individuals with disorders that can result in the most egregious consequences in terms of violence against oneself or others. On the other hand, a great deal is already known about the identification of such individuals who might be at significant risk of committing violence in school. In particular, I want to remind us that the U.S. Secret Service, along with the U.S. Department of Education, completed a major analysis of all shootings on U.S. campuses prior to 2002. That document, which is superb, resulted in guidelines with respect to identification of high-risk individuals in schools for whom urgent intervention is needed. We do not need to reinvent that particular piece of work. It is called the Final Report of the Safe School Initiative and is a very sophisticated analysis, with clear recommendations for actions at the local level and in schools. Second, and I debated whether to say this or not, but I do want to note without prejudice or any political considerations that there are major inconsistencies with respect to State and Federal regulation of gun purchases that have created gaps in the ability to interdict purchases of weapons by individuals with serious psychiatric problems. These legal and legislative loopholes in gun purchase regulations represent a significant threat to soft target populations in schools and college campuses and other public spaces. The third unresolved situation or issue is that although, as Dr. Federman pointed out, many students will allow reporting of psychiatric problems to their parents, some, who may be the most dangerous, will not allow it. This is a problem that we have to face and solve because these are, in fact, adult-aged students who have rights as individuals to either give or deny permission to talk about their mental health conditions to anyone they wish. The Federal strategies, I think, to address these issues could potentially include the following six recommendations. First of all, as Chief Healy pointed out, I think there is a great need for a national dialogue and a conference. I suggest that this be a federally funded, national conference on the state of knowledge regarding identification and intervention strategies likely to be most effective in the prevention of campus violence. The caveat here is that we do not just rehash the work that has been already done by the Secret Service, Department of Education, and other places. Chairman Lieberman. Dr. Redlener, can I ask you, I would like to hear the other five, but do them as briefly as you can. Dr. Redlener. I understand. The second recommendation, already mentioned, is a new research center on this subject. The third is that we take a very hard look at multiagency coordination in the counterintelligence community and make sure that they are tracking any potential evidence that someone is planning an attack on a U.S. school. I am not sure the extent to which that is happening effectively. There are other issues that I think I am just going to leave to my written response and testimony. But I would say that closing critical loopholes in Federal and State gun purchase laws would be a reasonable thing to do. And finally, I will conclude by saying that a Federal grants program to establish six to 10 diverse university and public school model programs designed to identify and manage instances of potential extreme violence would be very useful as sources of information and direction for the country. I hope that the terrible event at Virginia Tech is really a wake-up call and not just a snooze alarm, which seems to happen over and over again. We have an event, we get aroused, we have meetings, we have hearings, and then we fall back into complacency. It is my hope, and I think all of ours, that we are going to see a new, intense focus on preventing violence in our schools and campuses. Thank you. Chairman Lieberman. Thanks, Dr. Redlener. We certainly agree with that last statement. Ms. Van Syckel. Excuse me, Mr. Chairman, may I have a moment? I do not mean to be disrespectful, but I am a parent of a child who was violent and suicidal in school, and it is important that we did ask the Committee if our organization from Connecticut and New Jersey could come and at least testify and speak with you before this panel. Chairman Lieberman. Let me ask this---- Ms. Van Syckel. We are parents. We are just as important. Chairman Lieberman. I understand. I did not know that. I am going to ask you to wait to the end. If there is time, we will hear you today. I want to assure you this is not the last hearing we will hold on this subject. Ms. Van Syckel. My daughter did not just become violent and suicidal within the school. She was a danger to herself and others. Today we are mourning a young man in our own community, and we will be burying him tomorrow. This hearing should not even be held today until parents could also participate and not just schools and not just the mental health community. Parents care. We love our children. They matter. They are not anecdotes. And we are the ones that refuse to give up our children. Not the government. Not the mental health community. And not the schools. It is we, the parents, who care for and love our children. Please give us our parental rights back so we can save lives. Chairman Lieberman. We will definitely hear you, if not today, at a future hearing. I promise you that. Let me just ask you to stop for a moment because one of the Members---- Ms. Van Syckel. That is what we see in our schools every day. Chairman Lieberman. Understood, and we will come back to you. Senator Warner, I know, has to leave for other pressing business, and Senator Collins and I are going to yield to him for the first round of questioning. Senator Warner. Thank you, Mr. Chairman. And I thank Senator Collins. We discussed on the floor the desire of you and Senator Collins to have this very important hearing, and I am pleased to have attended. And I commend you, and I think we have drawn on a very distinguished panel to help initiate our study. We bear in mind, however, that the primary responsibility for education rests with the governors, the State legislatures of our 50 States and territories, and we must be careful that the Federal Government recognizes that only in rare exception should we ever try to depart from our role as advisers, helpers in funding, and so forth to direct and mandate to all 50 States. There may well be an area here, particularly with the mental health and the dichotomy between Federal and State law, in which we can be of service and perhaps others. But this was an important hearing, and I was privileged last Tuesday to join with the greater Virginia Tech family. I want to pick up on one phrase that you used, Dr. Federman. I am a graduate of our university. As I look back on a long lifetime that I have had, perhaps one of the happiest chapters was my education at both Washington and Lee University and the University of Virginia. And to listen to your opening comments was very chilling about the problems that confront our educators and indeed those on campuses today. So Mr. Chairman, I say my intention is to take that public testimony and draw it to the attention of the Secretary of Education. I think other committees and other areas of the Congress should take a focus on that and see what we can do to help. But you said partnering with the students. If I came away with one impression on last Tuesday, it was the magnificence of that student body of close to some 10,000 or 12,000 in one auditorium who were perfectly disciplined, emotionally. Yes saddened, but nevertheless secure and with the determination to go on and move forward. And that they have done, with the help of the parents and others. But I come back to the point, a very simple thing. Chief Healy, I listened to you very carefully. We have to look at what is in hand by way of technology to try to alert students to this type of problem. I have had a lot of experience with the military and have been posted overseas in years gone and in areas where there is high risk and so forth. A simple alarm system to be put in place on campuses, tested occasionally to make sure it is secure, just a siren that would simply alert students there is a problem, go to your other resources to determine the specificity of the problem, Blackberries or whatever the communication may be. Then let them draw on their own instincts. Because these youngsters today are good, tough, and solid citizens, and they recognize the world is not perfect. And as wonderful as these campuses have been and hopefully always will be, there is some element of risk. So look at what is at hand now and let us think for the best. These students will help us. I think we should partner with them here on the Committee and get their views maybe in the next panel of witnesses. Thank you very much. Chairman Lieberman. Thank you very much, Senator Warner, for taking the time. I know you made a special effort to be with us. I appreciate it. Let us go to the panel of witnesses. I want to pick up on something that Senator Warner said in terms of the environment in which this is happening. It is chilling to hear about the increase in mental health problems among college students. It is probably a subject for a separate hearing as to why that is happening. But just in brief, I wonder if Dr. Federman or either of the college administrators would want to testify, what is going on? Mr. Federman. I ask myself that same question every day. I do not think I have a simple answer for you. I know that the university environment, particularly with a top tier university like the University of Virginia, is a very stressful one. When I mentioned the statistic that 94 out of 100 students feel overwhelmed by all they have to do, that is real. I recall statistics that say that 60 percent of students work at least part time. And so you combine the academic challenges, the part-time work, and simply the transitional stage that late adolescence represents where they are not adult and yet they are not the child and the kind of transitions they experience from one day to the next where the ground is not necessarily a stable ground and where the intense feelings they are experiencing and the new challenges combined with all the other external stresses just represent a very vulnerable time of development. In tandem with that, you have much more effective psychotropic meds so that you have more students attending universities today. And I really cannot say with certainty that the incidence is greater. What we are seeing is more. But are we truly seeing more students with mental illness now or are they simply being better identified and more readily coming for help? I do not have an answer for that, but it is a question I ask myself much of the time. Chairman Lieberman. In preparation for this hearing, I looked at a 2006 National Survey of Counseling Center Directors, which I believe you referred to, in which they examined 13 years worth of data. I was interested that they concluded not only that the numbers have gone up but the complexity and severity of mental health problems seen in counseling centers at colleges had increased significantly over that period of time. Obviously, having anxiety or depression is one thing. Having the number of students who are at a point where they may do damage to themselves or others is quite something else. Is it fair to say that the latter category, in your experience or your knowledge of the literature nationally, has also gone up? That is, those who are more severely stressed to the point of doing damage to themselves or others? Mr. Federman. Yes, I can definitely support that, though I can do so anecdotally. I do not have hard data to support that. But if you look at the survey you are looking at, I believe something like 92 percent of directors believe that within the last 10 years they are seeing more acute and more serious psychopathology. So this certainly corresponds with the perception of folks on the front line. Chairman Lieberman. President Webb, have you noted that in the years you have been a university administrator? Mr. Webb. We have this phenomenon, Senator Lieberman, a number of clinical psychologists actually recommend to some of their patients to go to college and enroll because of the counseling centers that are there and the environment that is there. So we are getting a lot of referrals to our campus for people who are coming in with problems. And an issue that we have, and on many campuses, we may have one counselor for well over 1,000 students. And for a counselor, and these gentleman are experts, to do his job, it takes a lot of time to develop a rapport and trust with that student, particularly if you have a student that is in danger of doing harm to himself and others, to develop that kind of confidence where you can recommend that the student voluntarily submit himself to counseling. And it is that gray area where the student may not have met the threshold where you can actually site enough to force that student to leave campus. This puts the university and the counseling center in a real dilemma. If you move too quickly, you are subject to liability under Federal law. If you wait too long, you also have a situation where you can endanger your entire college campus. So this is an area which I think we all recommend that we need dialogue and we need guidelines as to how to act. Chairman Lieberman. I agree. Dr. Ward and Mr. Webb, who represent two organizations of colleges and universities, what are the best practices with regard to setting up a system on a college campus that would identify those who are not simply suffering from anxiety or depression, serious problems obviously, but who are capable of doing damage to themselves or others? What is the way in which parents should expect the colleges that they send their kids to to be able to identify students who may really be a danger? Mr. Ward. Two comments. First of all, I want to just amplify the observation about the numbers of students being treated. I think 20 years ago either the parents, the students, or the universities would never have admitted some of these students. It is our capacity, in effect, to meet these needs that is making it possible for the students to attend. So some of the increase is a reflection of the coping capacity that we have developed even though it may be inadequate. It is true in other disability areas where we are now obviously meeting the needs of the disabled in decisive ways that we would not have met 20 years ago. To come back to the second question, I think it is the question of a communication structure that allows the cross- wiring of evidence of behavior that is potentially threatening. As I mentioned in my oral remarks, we are a very diffuse community, very departmentalized, in some respects very individualistic. The social networks have to be created by the campus itself in some ways that are not naturally there like a family. So I think one of the challenges is whether there is a failsafe reporting system and some one point at which the amplitude of these findings can be really addressed. I think it is the fact that you have different parts of the enterprise knowing a little bit but perhaps nobody knowing the whole. And I felt frequently, when it came to my attention as a college president, I was not well qualified to make that judgment. I was given the pieces. I would need to call in everyone, and it usually means you need a meeting of these people. You cannot rely on that one person. So I do not think we have a communication structure that allows the complete filtering of the diffuse kinds of evidence that is available unless you have a lead person--maybe it is from the student counseling area--who is so convinced this is a problem that they are prepared to take this all the way. But I do think there is a weak communication structure for sharing the evidence. Chairman Lieberman. That is not anything we can or should mandate by law, but it is certainly something that the university community itself should try to organize itself to do. I hear you and it sounds like an understandable problem but one---- Mr. Ward. We must address. Chairman Lieberman [continuing]. That needs to be addressed or else people are put in peril. Chief Healy, on your college campus or generally on college campuses, are the law enforcement people, the chiefs or representatives of campus police, brought in on any regular basis in discussions with academic officials or counselors in discussing students who there is some reason to be concerned may be a danger to themselves or others? And would you recommend that be so if it is not so now? Mr. Healy. Mr. Chairman, one of the points in the four- point strategy that I mentioned in my prepared comments is that we definitely need to have a methodology, a structure for an assessment team. I believe that there are many colleges and universities that currently use that approach. I know for a fact that the University of Maryland has a very good assessment team approach where individuals from student affairs, mental health counseling, public safety, and other concerned groups on campus come together on a regular basis. Chairman Lieberman. To talk about individuals? Mr. Healy. To talk specifically about individuals that they believe, through whichever avenue the information becomes known, present a threat. I think we have to have a structure for that, a best practice that we can recommend to institutions. Because I think you will see different approaches at every single institution. There is not a universally accepted or best practice that you will find across institutions. Chairman Lieberman. Thanks. My time is up for this round. Senator Collins. Senator Collins. President Webb, let me pick up on the point that Senator Lieberman was just making about communicating information about troubled students. You have a very unusual background for a college president. In fact, I wonder if you are unique in the country, of having been a law-enforcement officer who went on to be a Commissioner of Public Safety, who went on to be a college president. Because of that background, you bring an understanding of law enforcement as well as the academic world that it is very helpful to us as we struggle with these issues. I think one of the most difficult issues that you all confront is balancing the need to protect the privacy of a troubled student versus the security of your campus. And in a way that same kind of dilemma is one that this Committee wrestles with all the time, whether we are talking about screening at airports or the provisions of the Patriot Act. How do we strike the right balance between personal privacy and freedom versus security in a world of terrorism? We have heard about Federal laws today that restrict the communication of information, restrict it for very good reasons. You want to encourage students to get help, and if they feel that confidential medical information is going to be shared with either their parents or with university officials, they may not get that help. The Family Educational Rights and Privacy Act of 1974 was mentioned. One that is more familiar to many of us is the Health Insurance Portability and Accountability Act (HIPAA), which restricts sharing of medical information. What is your assessment of current laws? Are we striking the right balance? Mr. Webb. Senator Collins, you have touched on issues that keep many of us awake at night. It is knowing when to act, at what point in time, where do you go to get answers? It takes more than just seeing a student who is different or a student who is odd, a student who is a loner, to be able to identify that student and pull that student out. Differences make our campuses beautiful and wonderful. It is when the law enforcement officer or when the counselor sees the student and in their mind and in their gut they recognize that this is a troubled student that is dangerous. But yet, the student will not agree, cannot consent to allow himself to be removed from campus or to receive treatment. I think we may need to look at some kind of intervening authority, perhaps as we did in the Patriot Act, where we can go to a third party, perhaps a court or judge, where the university can get authority to at least temporarily isolate or remove this student for further assessment rather than just leave him on the college campus until something erupts. This is an issue for which we need the help of the medical profession, but we struggle with this issue because there are huge liability considerations. And this hesitation that may happen on the part of law-enforcement, on the part of our campus counselor or president, can result in serious ramifications to the student and to other innocent people on our campuses. Senator Collins. Dr. Federman, do you want to comment? Mr. Federman. Yes. I would like to say that I think what you are talking about does exist. But it exists uniquely on different campuses, not uniformly. To use our campus as an example, if we have a student where we perceive typically through behavior that they represent danger to the community and that individual is not amicable or open to receiving help, our dean of students has the authority to initiate an interim suspension and to require a psychological assessment at that point with recommendations then given to the dean as to how to best proceed with the student. But the point is that it is not uniformly done across campuses. It is something we have put together in recent years, and I think many universities would be better off to have something like that in place. Senator Collins. But you also described it as often being a no win situation, that there is a risk of being sued. Mr. Federman. Correct. Senator Collins. And it just strikes me as a terrible dilemma. Mr. Federman. You've got it. Senator Collins. In these cases, and without going to the details of Virginia Tech, which is not the purpose of this hearing, but oftentimes in these cases there are warning signs. There are people who identified the student as being very troubled and in need of help. Mr. Federman. The more we can educate the university community as to what to be attentive to, what to be mindful of, what the resources are. Going back to Senator Warner's comments about partnering, I do not want to partner just with students, but I want to partner with the whole university community such that we become a tightknit web, a tightknit support net such that when students are in trouble the community takes responsibility to bring that information forward to appropriate individuals. Once we have that information at hand, then we can begin to look into it further and take appropriate action. Senator Collins. Chief Healy, one of the sources of information that I learned about in preparing for this hearing, and which Dr. Redlener mentioned in his statement, is the work that was done primarily by the Secret Service in 2002 which seeks to identify warning behaviors. It does a profile of someone who may be prone to violence. It strikes me as enormously helpful work. And yet, I am wondering how prevalent is the knowledge of this document? Could you give us your impression, as the head of the law enforcement association, are campuses generally familiar with the work done by the Secret Service that might be so helpful, as Dr. Federman mentions, to identifying troubled individuals who need help now? Mr. Healy. Senator, I believe that most institutions' campus public safety departments are aware of this document. It is listed as a resource on the IACLEA website. Keep in mind that all institutions do not belong to our association, so unfortunately they may not have access to it although it is publicly available. When we had the shooting at Dawson College in Montreal back in September at the beginning of school, there was a lot of interest in our association and in colleges and universities around the issues of active shooters. At that time, we widely distributed that report along with a number of other resources that are, again, publicly available resources that speak to the issues of active shooters. You are right, that is an absolutely wonderful document. Every institution should have access to it. One of the things on which we are going to work with the U.S. Secret Service is to refresh the information that is in that report and to take, again, a campus-focused look because that study was primarily geared toward incidents of violence that occurred in K through 12 institutions. We do believe that there are some distinct differences between active shooter situations in K through 12 institutions versus those situations in colleges and universities. Again, I think that is a good starting point, but I believe it needs to be refreshed, updated as appropriate to be more applicable to us in colleges and universities. Senator Collins. Thank you. Thank you, Mr. Chairman. Chairman Lieberman. Thank you, Senator Collins. Dr. Federman, let me come back to you because I am interested in the effect of Federal law or law generally on what you can do on the college campuses to protect the community. In the case that you described, where you have a procedure at UVA, where the dean can initiate suspension proceedings and, if I heard you correctly, require some kind of psychiatric consultation, that is done without a court order, I presume? Mr. Federman. Correct. Chairman Lieberman. What is the premise for it? In other words, is it that the student does not have an absolute right to remain at school and so you are creating, as a condition of the right to remain, a requirement that they seek some counseling? Mr. Federman. No. What I would say is that it comes out of some mild but helpful coercion. Here is how the process runs. At UVA, and at most universities, there are specific standards of conduct. They may be called different things. At UVA, they are standards of conduct. I think there are 12 of them. The second one has to do with individuals who pose a threat to the health and safety of the community. And that could involve themselves, as well. They are part of the community. And if one is behaving in such a way where they are in violation of that standard of conduct, then they come under the purview of the judicial process. The dean of students can say to the student, I am going to bring forward charges that you are in violation of standard number two. And if that is the case then this is the process you will proceed through. An alternate to that would be that we do an interim suspension and, during that time where you are not attending classes, you proceed with a psychological assessment. You get that recommendation back to me and then we look at your situation and decide where we go next. Chairman Lieberman. Very interesting. So it is a negotiated settlement? Mr. Federman. Correct. Chairman Lieberman. If the student does not accept the offer of a negotiated settlement, then presumably the university would initiate judicial proceedings? Mr. Federman. Correct. And one outcome of that could be removal from the university. Now keep in mind that just because you remove someone from a university community, it does not protect the community. As we all have been discussing this afternoon, these are open communities. Someone can be removed and come back to that community even with more anger than they had prior to the incident. Chairman Lieberman. That is a very powerful sobering point. So that exclusion from the student body is not ultimate protection from someone who is truly violent. Mr. Federman. The situation is not resolved at the point the individual is removed. Chairman Lieberman. Chief Healy, you wanted to add something? Mr. Healy. I just wanted to add that there is also a second alternative available in most States where law enforcement officers have the authority to involuntarily hospitalize someone wherein usually the term is for approximately 24 to 48 hours and they are forced to undergo some psychiatric evaluation. I would like to point out that this alternative is obviously limited to those institutions who have sworn law enforcement officers with the appropriate authority. But it is another alternative. Chairman Lieberman. That does not require a judicial proceeding. Mr. Healy. It does not. Chairman Lieberman. Many States give law enforcement officials the right to do that for a preliminary consultation. Mr. Healy. Absolutely. Chairman Lieberman. Let me come back because apart from the general education, and this panel has been really wonderful at this, we naturally have a special concern about the impact of existing Federal law on the goal that we all have, which is to protect the safety of our college campuses and the people who live, work, and study on them. I am interested in hearing a little more detail about how the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA) affect your pursuit of safer campuses. These are complicated questions. I do not minimize that. But to the extent that you have thoughts about it today, if you had the capacity to single-handedly amend either of these laws, what would you do? Dr. Ward, do you have any thoughts about it? Mr. Ward. Yes and no. I think it is kind of technical. I think my colleagues mentioned earlier in the division of mental health, it depends on the particular case. One of the challenges, I think, that makes it difficult is that generally parents are involved until the point of the student arriving on the college campus in whatever condition was pre-existing. If an alienation occurs between the parent and the student at that point, the university community has no capacity to replace that connectivity. And if the student then, in effect, makes it impossible for us to draw on that resource, which I believe in some cases we should, maybe for medical reasons, maybe not in others. But that, it seems to me, is very difficult. By the way, these crises are not just suicidal. I think the issues of alcoholism on campus, which precede--in almost every case I dealt with, the student was an alcoholic before arriving on campus. This was not something created as a freshman on the campus but something which went back. And how the parent, in a sense, was aware of that and certainly that distance was now created. And yet there were times in which I could not have the family reengaged. But I do think that there is some set of what one might call medical details here as to whether that is or is not desirable. And that is what I think makes this quite difficult is that you need an assessment team. I was frustrated because I often needed seven or eight people in the room with me to make these decisions. The decisions were so eclectic and individual when you were getting down to this level of disruption, which is relatively rare, that this is a great challenge. And whether the laws were, in the end, an obstruction, they were always there in my general counsel. The general counsel was always there saying if you do that you will be sued. So that was one voice in the room that felt very strongly that there was a vulnerability for liability. Chairman Lieberman. That is the dilemma right there. If there is something you should do which you think is in the interest of the safety of the people on the campus and your lawyer tells you you may be sued for doing it. Mr. Ward. You tend not to do it. Chairman Lieberman. Yes. And then you may be erring on the side of caution which is on the side of creating a peril. FERPA, as I understand it, says that a college student older than 18 has a right to withhold his own information even from his family, or maybe most particularly from his family. And HIPAA also obviously protects the privacy of health information. Although my understanding is that both statutes have exceptions that allow disclosure of information in the event that the individual is a threat to the health or safety of the community. Dr. Federman. Mr. Federman. Let me clarify that. If a student represents danger to self or others, as a licensed clinician my obligation is to ensure that student's safety. And typically that means getting him or her into a nearby hospital. Once there, they are safe, at least for the day or two that they are there. Chairman Lieberman. And everybody else is, too. Mr. Federman. Alright. Contacting student's parents is not a part of bringing about that rapid resolution of threat and safety. And I absolutely understand that parents want to be informed. I have two adolescents, one of them at college. If he was hospitalized, I want to know. But the reality is I would be informed if his or her life were in danger, if they were in a coma, if they were seriously ill in critical condition, I would be informed. But once we get somebody into a psychiatric unit and they are contained and protected, then our obligation to communicate beyond that stops. Chairman Lieberman. Understood, but let me just ask you because you talked about it a little bit in your prepared testimony, if you could rewrite HIPAA or FERPA, what kinds of changes would you make? Are you prepared to answer that today? Mr. Federman. Sir, I am not. Chairman Lieberman. Please think about it because these are very important questions. We want to respect the privacy of individuals and yet, ultimately, I think we have a greater responsibility to protect the safety of the community. Mr. Federman. What I would strive to do is to write them in such a way that they do not clash, that we have more internal consistency between policies such that they fit together in a way that one policy works seamlessly-- Chairman Lieberman. Because you deal with this every day, and I know this is not the normal expertise, this is lawyering and legislating, but I think you can do a great public service if you have the time to try to do some of exactly what you said now for us, which is to see if you can better connect these values and these statutes. Dr. Redlener. Dr. Redlener. The one clarification, especially with FERPA, is that it might be helpful to look at the language very closely to see specifically what kinds of conditions are critical where a college or university might need to make a decision but is constrained by potential liabilities. Under certain conditions there could be liability protection if the university can establish by very clear criteria a situation of significant danger to the students or others. So in other words, maybe it would be going to a judge and getting a court order, provided the college meets certain criteria, they are then protected from legal liability. But the other quick point to make about this---- Chairman Lieberman. That is a very interesting idea which we ought to consider. Dr. Redlener. Not all universities and colleges are located near an appropriate mental health facility that can accommodate a student or anybody with this kind of psychiatric condition. In fact, one piece of the larger context is that the expertise to deal with these kinds of problems, where we are talking about potentially really serious implications, may not be available or accessible. Putting somebody in a general community hospital for 24 hours when they are having a major psychiatric break does not do much except buy a very little bit of time. Chairman Lieberman. Thanks, Dr. Redlener, very helpful. Senator Collins. Senator Collins. Thanks very much, Mr. Chairman. Dr. Redlener got exactly to the issue that was going to be my final question to this panel. And that is as I listen to the testimony, it strikes me that it is going to be hard to define more precisely the public safety exception or the health exception to the two laws that we have been discussing because you cannot possibly come up with all of the scenarios to define that more precisely, which is why it is not defined more precisely. Therefore, it seems to me the answer is, just as Dr. Redlener was suggesting, that perhaps we should look at some sort of liability protection because when you hear Dr. Ward say that your fear is always that you are going to be sued and you have the general counsel in the room saying well, you can do that, but there is a risk of litigation. Then you do not do it. You are going to err on the side of not being sued. And most of the time everything is going to work out fine. But there are those small number of cases where it is not, it is going to lead to catastrophe. So it seems to me if we could perhaps look at providing some sort of limited liability protection in cases where a certain process is followed. You cannot stipulate all of the circumstances, but a process is followed. So then you can make the decisions without fear of being sued. I was going to ask that as my final question of the panel. I think I still will, although we already know Dr. Redlener's reaction to it. But let me start with you, Dr. Ward, and just go across. Mr. Ward. I think you have summarized quite effectively. I kind of like the solution at the end. I always refer to the combination of the lawyers and the doctors who have helped me out in these situations. But I do think, as a college president, the thing that most struck me about this was how well most things worked most of the time. It was extreme events, unpredictable, frequently not following any rules. I think if you might describe them, they were eclectic. The preconditions, even if they were there, would not have predicted the violence or the negative outcomes. So one of our challenges here is that we may have systems that are capable of dealing with 90 or 95 percent of the situations, and we want to make sure that when we tinker with the system to deal with these extreme events, we do not disrupt a system that is meeting needs which are serious but not in the sense of the savage or horrific nature we are dealing with. And from those events sometimes we can learn a great deal. But the specifics of that event may not be as generalizable as the general practices that meet the needs of most students. I think that strategically, as you deal with crisis management, all of the crisis management I was involved in, I think the five that I remember most and still remember, and they are seared in my mind, I still have difficulty both anticipating why we did not anticipate. And even the lessons that followed from them, in a sense, might never have prevented those specific actions. And yet there were many other actions that were problems for us that we resolved. There were systemic solutions to them. I think extreme events present us with such extraordinary challenges in coming up with generalizations. In many cases, the most successful way of dealing with extreme events is usually good judgment and great leadership rather than the systems. They are so unusual. So I think we can stretch ourselves to take as much advantage as we can, but there is a limit to how far we can stretch in dealing with the unpredictable. I think there is an underlying sanity for the rest of society in trying to recognize that the degree to which we control extreme events is extremely small, and it is extremely frustrating to us. Senator Collins. Thank you. President Webb. Mr. Webb. Dr. Ward and the other panelists have spoken effectively about the many mental health concerns that we have on all of these campuses. And they are real and they deserve this discussion and dialogue. But I would hope that the Committee and the Homeland Security Department will not overlook the issues that we have from a law enforcement standpoint, just a basic security standpoint of training that our campus police officers need. Mr. Healy's association is an excellent one. They provide excellent training for campus police officers. But every college campus is not 55,000 students. You have those institutions with 5,500 students that are not that well manned, and we need support from the standpoint of training. Quite frankly, college presidents and senior decisionmakers need training on threat assessment and critical incident management planning. We need associations like our own AASCU and ACE and others to perhaps help us with forums to get the president and decisionmakers to know what to do when you have a crisis. One of my deans approached me last week and she said I am not sure I know what to do. If a gunman comes into my building and holds a class hostage, what are the protocols? We have a code of conduct and protocols, but she needs training and our faculty members need training about what to do in times of emergency. So I would urge that there also be some consideration to--and I am not talking about great sums of money--but we need a lot of training out there on our various colleges across the country about how to deal with these crises that I am afraid in the past we felt like we were immune, we were invincible on the college campus to these issues. Senator Collins. Chief Healy. Mr. Healy. Yes, ma'am. I would just echo President Webb's comments. And I think really what he is talking about is greater levels of relationship building, partnerships between all of the higher education associations. For example, we need to work with NACUBO, that is the business officers association. And we need to work with ACE to assist in providing that training to a wider group of the campus community. Really what we are talking about here is our efforts to further engage with community policing and making sure that we have the appropriate resources to develop these training programs and then to deliver them in a very significant way to ensure that they reach all 4,200 institutions across the country. On the issue of FERPA, I would just say the one issue that we would obviously like to see is much greater flexibility in the public and personal safety exceptions that are currently in FERPA so that we can share information. One of the other things that President Webb mentioned was what about sharing information from institution to institution. So when someone leaves Princeton and goes to Central Oklahoma, they are not bringing those problems and I can share that information so that they can make a sound admissions decision. Senator Collins. Dr. Federman. Mr. Federman. Personally, I would sleep better more nights if I knew that we had some liability protection. But I also want to point out that we are really looking at dual liability here. It is not just the liability of breaching confidentiality. But what we have seen in some recent high profile court cases, such as the Elizabeth Shin case at MIT or several years prior to that there was a case at Ferrum College where university officials were found liable for not taking sufficient action to get an individual help or to protect him from his own impulses. So we really do face dual liability, either--going back to what I said, you are damned if you do, you are damned if you do not. The choice I'm often faced with is: Am I more willing to face suit due to breach of confidentiality or due to lack of activity which then results in someone's death? Most of the time I choose the latter. But we face it every day. The other point, before I end here, is to say that often in these kind of processes the devil is in the details. If we put together processes where we must be cleared in order to proceed and communicate with parents, families, or other individuals, we need those processes to be very quickly implemented. We need efficacious processes because often we need to act quickly. You may get information and within a couple of hours you may need to contact individuals, and you do not necessarily have time to convene panels and have case review. That could take several days. Senator Collins. That is a good point, as well. Dr. Redlener, any final comments? Dr. Redlener. Yes, Senator Collins. The key thing is what you originally said as you framed the question to us, which is that the drivers for liability protection must be a prescribed process. They cannot be assessment driven because of the variability of potential situations that are so specific. But the truth is that we have other examples where that kind of liability protection has already been worked out. I would suggest looking at, for example, the child abuse laws where children can be involuntarily taken from families. Many times, as a pediatrician, I know that parents may deny medical care in circumstances that are life threatening to the child, and we can get court override of that denial. These kinds of events are protected from legal liability. So I would look into what exists out there in related areas, but keep it process-driven. If I could just have a final thought. I know we did not have a chance to discuss this in detail, but I hope that you all, on this particularly vital Committee, are making sure that the intelligence/counterterrorism apparatus is clearly focused on the possibility of people out there planning to harm our children in a Beslan-style way. My conversations with the FBI and other officials have not been comforting in the sense of authorities actually paying sufficient attention to this. I think there is an extreme vulnerability for American children and young people, and I hope we can make sure that they are paying appropriate attention. Senator Collins. Excellent point. Thank you. Mr. Chairman, I just want to thank the panel for absolutely terrific testimony, very thoughtful. You bring such expertise to our hearing today. I also want to commend the Chairman for holding the hearing and our staffs for identifying such excellent witnesses. So thank you, Mr. Chairman. Chairman Lieberman. Thank you, Senator Collins, as always, for the partnership that allows us to go forward. I do want to ask one or two more questions because although some of you in your opening statements focused on what I am about to ask, and there was a little bit of a response in the last question, it is interesting that we spent more time today talking about how to help troubled students and identify them-- and some of the problems with law that limits your ability to deal with troubled students--than we spent time talking about what happens when that all fails and, either from a troubled student or, God forbid, a terrorist, violence breaks out on campus. Dr. Ward, you raised this in your opening statement, and President Webb you spoke about it some just a moment ago. It is a very difficult process. How do you train a university president to be a crisis manager? Because you, President Webb, of course, come to the job with very unusual capabilities. A lot of university presidents come because they are academics. So what I am saying is that in the midst of the multiple demands on university administrators, to raise money, to oversee an academic program, there comes this crisis management capability, very difficult. The same is true, Chief Healy, I think President Webb talked about it. But what can we do? And again, I do not know that there is any role for government, perhaps it is up to your association to set some standards for the training of campus police, particularly in smaller institutions which do not have the resources and therefore may not have the training for their personnel. I noted that one of the individuals my staff talked to said that 90 percent of colleges have an emergency response plan on paper. But some questions remain as to whether those plans are as robust and actionable as they should be. What do you think, Chief Healy? The crisis has begun. Are most college campuses in America ready to respond? Mr. Healy. Mr. Chairman, I think that I speak with confidence that I support the idea that most colleges and universities have plans. Have those plans been exercised? Have they fully been evaluated? I would say there is probably as many answers as there are institutions, 4,200. Every institution has engaged in this emergency management and planning exercise with a different level of energy. And I would say that if there is one thing that I would love to be able to accomplish is to ensure that with our partners such as DHS, that we develop the capacity to help institutions exercise their plans, to run those plans. There is some of that capacity that currently exists at the States where they will get assistance to help them set up an evaluation, and then to grade that evaluation, and therefore the institutions know what they need to do to enhance their plans. But I think that we are a long way from being able to say with any surety that all institutions know how those plans will play out in the case of an emergency situation. Chairman Lieberman. Let me ask you to respond to a question that Senator Warner raised, and I am going to ask you, President Webb, to do the same. This, after all, is the Homeland Security Committee. We have dealt with the subject of communications during a crisis in very intense and direct ways. Obviously, in a terrorist attack, one of the great tragic shortcomings on September 11, 2001, was that the emergency responders, firefighters, and police could not communicate with each other. The same happened in a different way in Hurricane Katrina. I do not know whether your organization has a recommendation on this, but what are the best practices? Senator Warner said maybe there ought to be an audible siren or lights flashing, which is the first indicator to students of today to go to their cell phones or BlackBerries. But what do you recommend in this regard? Mr. Healy. Sir, what we recommend is obviously systems that are multi-faceted. And so what Senator Warner mentioned was the alarm, the giant voice kind of systems that have been around for many years. I believe that we cannot discard those. But I also believe that we need to have additional levels of sophistication. I spoke briefly about mass notification systems that are capable of reaching our community members using a number of different methodologies: Landline phones, cell phones, BlackBerries, text messages, or e-mail messages. Whatever system one has. I am fortunate that at my university we have such a system. But it has to be able to reach all community members using whatever methodologies those members are willing to give us. We have talked a lot about mass notification systems over the past week. What people fail to realize is even if you have a system that can reach a person's cell phone number, their e- mail, maybe two e-mails, a text message, a BlackBerry, or whatever device they have, they still have to be willing to give you those numbers. So that is an additional challenge that we have to face at our institutions. How do we encourage primarily students and some staff and faculty members to give us cell phone numbers so that we then are able to reach them in an emergency situation? But this technology is evolving. There are several systems out on the market. Unfortunately, there are also a number of fly-by-night companies that have come about as a result of this tragedy. And so we have to really encourage our institutions to be very thoughtful about how they go about selecting a system that will really be one of the primary ways that they will be able to warn members of the community or to give instructions to those members as well. Chairman Lieberman. President Webb, what would you add to that? What kind of communication system should a college or university have after the crisis begins? Mr. Webb. There must be multiple forms of communication, new media, old media. Chief Healy mentioned the text message and the cell phones and the Internet and the campus websites and just being aware of the new ways that students communicate with each other. That method has to be used. But the old forms of communication are also good, too. We have fire alarm systems in every building. We are having an audio capability placed in every one of those fire alarm panels where we can give audio, we can voice-activate messages to students as to what to do, evacuate the building, stay in the building. Throughout the Midwest, and I suspect on most college campuses, we are used to storms. We are used to tornadoes. We do have sirens. And we need alarms, and we need flashing alarms that also alert for hearing impaired students. So we have to communicate in multiple ways. How can we get the attention of the college presidents and the decisionmakers? I am proud that our governor, Governor Henry, is saying to every college and university in Oklahoma, take a look at your emergency response. Let us review it. This is your responsibility. And perhaps more than anything that this Senate panel can do, the respective governors can do that. And I am sure that is happening in many States around the country. Chairman Lieberman. Dr. Ward, do you have a final word? Mr. Ward. One, is I think you are asking about the college president's role. I do think that team leadership is now required. It really is an executive role. And so if the chief executive does not know how to tap specialized talent and create leadership of value from the specialists, it will not work, particularly at large universities. The second thing is that professional development, which did not use to be a big part of either the pre-presidential or the presidential experience, is now increasingly valued by presidents. All of the associations have both short and longer courses, which you call programs, to provide both pre- presidential experience of what they may face and then actually when they are in the presidency, case studies of what would go on. The most popular sessions at our annual meetings now are actually crisis management where people recall from each other the case studies of what they did. I would say in post- September 11, 2001, there is probably almost a quadrupling of interest as an agenda issue in these issues. Whether we are at the point where we are effective yet, I do not know. But there is an exponential increase in interest and I hope competency in dealing with these things that has occurred in the last 4 or 5 years. Chairman Lieberman. That is interesting because going back to something that Dr. Redlener asked or said, you would say that what you are finding at your meetings is that people, college administrators, college presidents, are taking seriously the possibility that their campus might be the target of terrorism? Mr. Ward. And of a natural disaster. Or even a health disaster. Those are, I think, on the minds of everybody. Chairman Lieberman. OK. Do you have any other questions? Senator Collins. No. Chairman Lieberman. I thank you very much. I echo what Senator Collins said. On short notice you have come in, you have brought tremendous experience to this table. You gave us some very helpful suggestions about some programs that we might better support with funding, including programs that relate to suicide prevention, perhaps even supporting some of the national center ideas that you have suggested, Chief Healy. And you invite us, I think the situation invites us to take a new look, a thoughtful look at both the two laws we talked about, FERPA and HIPAA, and to try to deal with this question of fear of legal liability that may inhibit a college administrator from taking action that otherwise he or she would take, and not to be punitive against a student, but in the interest of campus safety. I will say in that regard, to say the obvious first, that we all know that life is full of risks. And at any time in history, no one could say that we are perfectly safe, particularly unfortunately post-September 11. We all live with that reality. But relatively speaking, I think each of you have given me, and I hope anyone else who has listened to the hearing, a reassuring sense that overall our college and university campuses are safe places to be. Not that we couldn't do more to try to prevent the kind of extreme acts of violence that we saw last week at Virginia Tech. But by and large, compared to other places in our society, college campuses are safe. I thank you for that reassurance. We are going to leave the record of this hearing open for 15 days if any of you would like to file additional comments or we would like to ask you further questions. In the meantime, I thank you all for a very important contribution to public dialogue and maybe, in some sense, to our Nation's recovery in a constructive way from the trauma that happened not just at Virginia Tech but to the whole country last Monday. Thank you very much. The hearing is adjourned. [Whereupon, at 4:45 p.m., the Committee was adjourned.] A P P E N D I X ---------- [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]