SAVED BY THE BELL: INTERVENING IN STUDENT VIOLENCE Jennifer K. Earley jke@ratwiklaw.com

PREVALENCE OF SCHOOL VIOLENCE Nationwide, approximately 9% of teachers report that they were threatened with injury by a student from their school and 5% of teachers reported that they had been physically attacked by a student from their school. In a 2015 national survey, 7.8% of students surveyed reported being in a physical fight on school property in the 12 months before the survey. According to data collected by the Minnesota Department of Education, there were 3,869 assaults reported in Minnesota schools in 2014-2015. Of those Minnesota teachers surveyed, 6.5% said they’d been physically attacked by a student during the 2011-2012 school year and 11.4% said they’d been threatened by a student that year.  

LIABILITY FOR STUDENT VIOLENCE DUTY OF ORDINARY CARE In general, it is the duty of a school to use ordinary care to protect its students from injury resulting from the conduct of other students, or outsiders, under circumstances where such conduct could reasonably have been foreseen and could have been prevented by the use of ordinary care. Even sudden misconduct may create liability if foreseeable. Doe 175 v. Columbia Heights Sch. Dist., 873 N.W.2d 352 (Minn. Ct. App. 2016)

LIABILITY FOR STUDENT VIOLENCE EMPLOYEE’S DUTY OF CARE In general, an individual or employee of a school district does not have a duty to protect another person from harm. There is an exception to this rule. A duty to protect another from harm will arise if: a. there is a special relationship between the parties; and b. the risk is foreseeable.

LIABILITY FOR STUDENT VIOLENCE Sudden Unanticipated Misconduct Negligent Supervision School districts generally are not be liable for sudden, unanticipated misconduct. Schools are not required to anticipate the hundreds of unexpected student acts which occur daily or to guard against dangers inherent in rash student acts. A claim for negligent supervision requires a finding “that supervision would probably have prevented the accident.”

LIABILITY FOR STUDENT VIOLENCE EXAMPLES OF DUTY TO SUPERVISE

LIABILITY FOR STUDENT VIOLENCE EXAMPLES OF STAFF’S OBLIGATION TO INTERVENE IN STUDENT ALTERCATIONS

OBLIGATION TO ENSURE STAFF SAFETY There are a number of theories upon which staff raise claims against schools related to their obligation to address school violence when it arises. These claims may include: A failure to provide adequate security A failure to warn staff of violent students A failure to properly discipline or supervisor student behavior Breach of contact for failing to maintain necessary security procedures. Worker’s compensation

OBLIGATION TO ENSURE STAFF SAFETY EXAMPLES OF SCHOOL LIABILITY WHEN STAFF INTERVENE IN STUDENT ALTERCATIONS

STATE LAWS TO ASSIST IN VIOLENCE PREVENTION Notification to Teachers of Violent Student Behavior Student Discipline – Reasonable Force Restrictive Procedures Legal Actions against Districts and Teachers Authorized Use of Force Permitted Actions – Reasonable Force

RECENT LEGISLATIVE ENACTMENTS School Crisis Response Teams Pupil Fair Dismissal Act General Control of Schools Notification to Teachers of Violent Student Behavior Student Discipline Working Group Support Our Students Grant Program

METHODS TO ADDRESS STUDENT VIOLENCE Utilize Available Resources Study and Address Potential Security Concerns Utilize Outside Resources Revise Policies Increase Comprehensive Communication to Students About Rules Develop Procedures and Training for Staff Consider Adding Student Programs