Safety Law News for May 20, 2022

— In Tennessee, the United States Court of Appeals reversed dismissals of cases brought under Title IX by two students for student-on-student sexual harassment.  In separate incidents at different schools the students were assaulted, video-taped, and made to experience a hostile environment when the videos were published.  The court agreed that the students established that their unwelcome sexual contact was a result of the school district’s indifference to pervasive sexual misconduct in the schools, e.g., school disciplinary records revealed over 1200 instances of inappropriate sexual behavior over a four-year period, in which administrators violated Title IX by handling the incidents internally instead of referring them to the Title IX coordinator.  Therefore, before the assaults, “the school had actual knowledge of some actionable sexual harassment and that the school’s deliberate indifference to it resulted in further actionable harassment of the student-victim(s).”  Doe on behalf of Doe #2 v. Metropolitan Government of Nashville & Davidson County

— In Ohio, House Bill 501, if enacted, would authorize school boards to levy property tax “for the specific purpose of funding school resource officers for school districts located within their territory.”  This policy puts the decision of whether or not to have a school resource officer up to the voters in each school district.

— In California, officials in the Garden Grove Unified School District are modifying their school safety program to include a component to provide social-emotional support for students.  Administrators and local police are bringing trained support dogs onto campuses to help students facing stress or trauma.  The dogs, “have been trained to provide support despite chaotic environments and to remain calm and supportive to strangers, without barking or becoming aggressive.”

— In Colorado, House Bill 1376, passed by the legislature, addresses several school safety policy shifts.  First, the legislation bans handcuffing students, creating a working group to develop rules for when seclusion and restraint need to be reported.  Second, its provisions require schools to notify parents promptly when they restrain students.  Third, schools will be required to report publicly on aspects of student discipline, e.g., by race, ethnicity, and disability.  Fourth, the state police oversight board is authorized to create new standards for school police selection, training, and supervision