Safety Law News for November 30, 2023

— In New Hampshire, the United States Court of Appeals affirmed the dismissal of a student-on-student harassment case, ruling that “measures in response to high school student’s report of student−on−student sexual harassment did not evince deliberate indifference.”  The case arose when school officials, alerted by a school bus driver and video evidence, concluded that another student had “violated the school’s sexual harassment policy by committing unwanted physical contact.”  The school “issued…a formal no−contact order … (and) suspended (the harasser) from riding the bus for ten days and was assigned a seat at the front of the bus upon his return.” After another incident, after which the harasser was suspended, M.L. transferred to another school and filed a lawsuit “asserting a claim of student−on−student sexual harassment under Title IX.” Agreeing with the lower court, the appellate held that to prevail on Title IX student−on−student sexual harassment claim, the student had to show that the school was a recipient of federal funding, and then prove that (1) she was subject to severe, pervasive, and objectively offensive sexual harassment by a school peer; (2) the harassment caused her to be deprived of educational opportunities or benefits; (3) school officials knew of harassment (4) in its programs or activities; and (5) school officials were deliberately indifferent to harassment.  The appellate court cited the factual record that school officials: “provided student with her a choice of travel route to avoid alleged harasser and moved her to all-female commons without altering (the harasser’s) assignments; school officials permitted the student to use her preferred travel route, while requiring alleged harasser to use different one.”  Therefore, school officials did not exhibit deliberate indifference to student’s allegations of student−on−student sexual harassment.  M.L. By & Through D.L. v. Concord School District

— In Illinois, officials in Peoria are considering a proposal to use body cameras in Peoria Public Schools.  Officials believe that “providing body cams for school resource officers would ensure the safety of everyone on district property.”  One use to which the video will be put is in training the officers.

— In Oklahoma, officials in Oklahoma City are continuing a commitment of transparency in changing police practices on de-escalation, community engagement and accountability.  “OKC residents can track the Police Department’s progress on 39 recommendations made by the Law Enforcement Policy Task Force and the Community Policing Working Group by visiting the OKC Public Safety Partnership website. The website includes all 39 recommendations, along with links to learn more about each project. It also includes a timeline of milestones that led to the creation of the OKC Public Safety Partnership.”

— In Oregon, officials in the Salem-Keizer School District are signaling the alarm for “more community support to intervene with students to cut gang involvement and gun violence.”  According to a Report on violence in the jurisdiction, “teen violence tripled in recent years.”  “While schools have a role in that work, district leaders said solving the issue requires a community effort and more money for programs and people to work with youth.”