In Indiana, the United States District Court granted the motion to dismiss a lawsuit bought by parents whose special needs child who was sexually assaulted by another student in a school bathroom. The victim, whose “cognitive ability and social skills are like an elementary school-age child, ”told her teacher she needed to use the bathroom, texted the perpetrator that the girls’ restroom was empty.” The perpetrator “arrived five minutes later, and he and (the victim) had sexual contact.” The parents, asserting claims based on Title IX, argued unsuccessfully that two school districts, which the perpetrator attended, were deliberately indifferent. The court held that “for a school to be liable under Title IX, the plaintiff must have participated or attempted to participate in the defendant’s educational programs or activities.” Davis v. Monroe County Board of Education. “(The victim) did not participate—or attempt to participate—in any educational program or activity offered by (the schools)… That places (the victim’s) claim against (the schools) beyond the scope of Title IX.” The court also ruled that, “deliberate indifference is a high bar that is met only if the school’s response to harassment is clearly unreasonable… a school’s response does not have to be perfect or even successful. Instead, for the school to be liable, its action (or inaction) must constitute an official decision’ to permit discrimination, like when a school learns of a problem and does nothing.” Dismissal was appropriate because “the actions taken by (the schools) demonstrate that this is not a case when a school learns of a problem and does nothing.” (1) They contacted both students’ parents, the Indiana Department of Child Services, and the Sheriff’s Department. (2) They worked with the victim’s parents and came up with a safety plan. (3) Teachers were to monitor her interactions with the perpetrator and were informed that her mother wanted them kept apart. (4) School officials reported back to the victim’s mother about these measures. E.C. v. Community School Corporation of Eastern Hancock County
— In Washington State, school officials in the City of Olympia are bringing back school resource officers, quickly answering the demands of parents after 2 lockdown incidents in the early days of the school semester. “The superintendent and board president announced their intention to bring back these types of community police officers to campuses.”
— In New York, students at Spring Valley High School are holding demonstrations in support of bringing back the school resource officer who was removed as a result of a “political scuffle” between the Mayor of Spring Valley and its Police Chief.
— In New York, officials for the Buffalo Public Schools and the city police are considering new policies for school sponsored events after four persons were arrested in connection to a series of fights during a high school football game. The incidents led to the decision to end the game. The schools now wish to “implement some zero tolerance policies so that all of our spectators know that we’re not gonna tolerate any unacceptable behavior.” One policy under consideration is to “require all spectators to be accompanied by a parent. Anyone under the age of 18 would have to have a parent with them.”