Safety Law News for January 4, 2023

— In New Jersey, the United States District Court refused to dismiss a lawsuit brought by a student who alleged discrimination and a hostile environment when school officials failed to intervene despite multiple incidents of race-based harassment.  The court ruled that Title VI, provides a federal right to sue a school, “for its failure to address a racially hostile environment (that is) severe, pervasive, and objectively offensive (when) the school acts with deliberate indifference.”  The court noted that, “(t)he fact that (the student) was called the “n-word” is, in and of itself, likely sufficient to withstand summary judgment.”   Dismissal of the lawsuit was inappropriate because, “a jury could determine that the District failed to properly respond and/or engaged in a form of tacit acceptance by delaying an investigation into the “n-word” incident.”  N.U. v. Mansfield Township School District

— In Ohio, officials for the Dayton Public Schools are revising policies for school sponsored events after two athletic games had fights break out among students in December, one of which escalated into gunfire.  Elements of the new policy will require all spectators to have their bags checked as well as walk through metal detectors before entering an event.  More police will also be deployed at the events.

— In Alabama, a new law now allows gun owners to carry a concealed firearm without a permit.  This will allow a person to carry a loaded weapon under their clothes, in a bag, or in their vehicle.  There are 23 states that allow concealed weapons in public without a permit. 

— In Rhode Island, the General Assembly is placing special emphasis on school safety as it begins its legislative session.  Leaders of both parties said that they are concerned about educational outcomes, the state of school buildings and safety issues.  The legislators will discuss adding more school resource officers.