Safety Law News for March 31, 2021

— In New York, the United States District Court refused to dismiss a lawsuit brought by a student who was sexually harassed and physically assaulted during a study hall by another student.  School officials told the victim that the incident would “be a warning” for the harasser and reassigned the victim to her harasser’s study hall.  The court ruled that liability under Title IX is established when, after a school is placed on notice, it fails to take reasonable steps to protect the victim.  The school has a duty to prevent a student from encountering her harasser.  AA by BB v. Hammondsport Central School District

— In Illinois, officials in Elgin have hired a gang intervention specialist to empower their gang prevention program.  The violence intervention program, Operation Homefront, will focus on decreasing juvenile violence, minimizing juvenile arrests, stemming gang involvement and reducing high school dropout rates. It will have a multidisciplinary approach with partnerships between the police, schools, community-based organizations, residents and faith-based groups.

— In Virginia, officials in Henrico County are having a public comment period on proposed changes to the memorandum of understanding (MOU) on the role of police in schools.  The first proposed change would require the school’s principal to make a good faith effort to contact the student’s parent prior to the beginning of any student interview by police.  The second change would require a parent or guardian to be contacted in person, electronically or by phone or video conference when a student is arrested.  The third change would mandate that a police official who wants to interview a student on campus as part of a criminal investigation do so through the school resource officer in coordination with school administrators.

— Two school districts have revised and renewed their school safety plans to deploy police officers.  In California, officials in the City of Carlsbad have extended the agreement at the request of the schools.  The schools continue to believe that the “relationship with law enforcement is cooperative and productive.”  In New Mexico, the Tucson Unified School District Governing Board is keeping officers in schools after implementing eight recommendations created by a community advisory board.