Safety Law News for April 4, 2022

— In Iowa, the United States District Court ruled that a school that failed to have a Title IX policy in place such that campus administrators did not know who was responsible for Title IX compliance and did not understand all that a Title IX investigation entailed, could be liable in money damages for the sexual assault of a student.  The school held its Title IX training subsequent to the assault.  Under these circumstances, the court held that, “a reasonable jury could find defendant’s failure to train was a conscious choice and was deliberately indifferent to the rights of students.”  Nissen v. Cedar Falls Community School District

— In Illinois, the legislature approved House Bill 4994 (HB 4994) with the expectation that the Governor will enact its provisions.  The primary purpose of the law is to identify the school districts that fail to comply with the state school threat assessment law.  Schools must now develop a threat assessment team and a threat assessment protocol that targets school violence and prevention.  The threat assessment team must include mental health professionals as well as representatives from state, county and local law enforcement agencies.

— In Washington, officials at the Spokane Police Department are disclosing a history of police reports that show that Spokane Public Schools respond inconsistently to campus safety incidents. The police chief sent a letter to school officials on the matter.  In the wake of evidence of reticence by educators to inform police of incidents that place students at risk of harm, the FBI has announced its intentions to investigate the failure of the school district to comply with its reporting obligations.

— In Washington, D.C., the Mayor’s 2023 budget calls for keeping police officers in schools, setting up another clash with the D.C. Council, which voted last year to phase out police in school buildings despite strong opposition from the mayor’s administration.