Safety Law News for March 13, 2023

— In California, the Court of Appeal of California reversed the dismissal of a lawsuit brought against a teacher who “had a sexual relationship with one of his students which included sexual activities in his classroom.”  The trial court granted the motion to dismiss, reasoning that “there was no evidence the District knew or should have known that (the teacher) posed a risk of harm to students.”  On appeal, the case was remanded back for trial.  The appellate court declared that, “the (school) had a duty to take reasonable measures to protect (the student) from sexual abuse by (the teacher). This is so because the (school) had a special relationship with (the student)…We further conclude that whether the (school) breached its duty to (the student) is a question for a trier of fact (for the jury to decide).”  On the duty issue, the court held that, “a school district and its employees have a special relationship with the district’s pupils, a relationship arising from the mandatory character of school attendance and the comprehensive control over students exercised by school personnel…Because of this special relationship…the duty of care owed by school personnel includes the duty to use reasonable measures to protect students from foreseeable injury at the hands of third parties acting negligently or intentionally.”  Doe v. Anderson Union High School District

— In Indiana, Bartholomew County school officials and the Bartholomew County Sheriff’s Office are adding two additional DARE instructors.  The DARE program (Drug Abuse Resistance Education), is a course that “teaches students good decision making skills in order for them to lead safe and healthy lives.”  The officials believe that, “(t)he DARE program is a corner stone of the relationship between law enforcement and the community’s youth.”

— In Ohio, the City of Middletown rejected a grant from the state to purchase body cameras for its officers, including police deployed in schools.  The Middletown Division of Police wants to procure them.  City officials are refusing because “because it doesn’t have the money to pay the salary and benefits for one or maybe two redaction specialists.”

— In Nevada, officials in Carson City are hosting a gang awareness and prevention workshop for parents. “Two ex-Carson City gang members attended the class and spoke to the parents about their real live experience as a gang member, gave them tips on what to look for, and how to address the problem in their family.”