Safety Law News for June 30, 2023

— In California, the California Court of Appeal held that a school district had a duty to preserve video that captured events surrounding the sexual assault of high-school student.  The student’s lawsuit alleged negligence, sexual harassment, and negligent infliction of emotional distress after being sexually assaulted by two other students in a school bathroom.  During discovery, the student-victim learned that video of the incident had been erased by school officials.  The court ruled that litigation arising from the assault was reasonably foreseeable at time video was erased, and thus school officials had duty to preserve video.  The court denied immunity for the school because, “a wide range of public school employees were mandated reporters and knew the video might be relevant to a lawsuit,… to criminal or juvenile proceeding, or to expulsion of alleged perpetrators.”  Moreover, the video showed school staff failed to enforce school policy that staff were to unlock the restroom for only one student at a time.”  Victor Valley Union High School District v. Superior Court of San Bernardino County

— In Michigan, the City of Flat Rock has implemented its school resource officer program.  The MOU between Flat Rock Community Schools and the Flat Rock Police Department deploys an officer inside Flat Rock High School.  Even so, the officer will spend time in the feeder schools.  The officer will also teach classes on topics such as vaping, social media awareness, bullying, drugs and many other topics pertinent to children and teens of their age groups.

— In Illinois, the Chicago Board of Education has voted to approve a new $9.4 billion budget for the 2023-2024 academic year and renew a contract with the Chicago Police Department to provide school resource officers in schools.  The district is revising its MOU with the police department “to better define an SRO’s responsibilities and to give school leaders more control over the officers in their buildings.”

— In Florida, an ex-school resource officer accused of failing to confront a shooter who killed 17 people at Florida’s Marjory Stoneman Douglas High School in 2018 was acquitted of child neglect and negligence.  A jury has acquitted him on all counts of a prosecution that accused him of taking cover instead of confronting the gunman and protecting children.