School Shooting Lawsuit Raises Risk Management Concerns

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Private School News//

September 30, 2011

 

Protecting students against violence and bullying is becoming an increasing challenge for schools; therefore protecting the schools from legal risks is becoming increasingly difficult. Cases are popping up all over the U.S. about school violence—public and private alike—leaving parents and administrators puzzled and startled about what steps to take next.

A recent story from an Indianapolis middle school draws attention to how school violence affects both students and the institution.

Last March (2011), Michael Phelps, 16, returned to Martinsville West Middle School (which he had been banned from), and shot a classmate Chance Jackson twice in the abdomen. Friends commented after the incident that the two had been fighting over a girl. Just a few days before the shooting, the two boys fought at a school dance when Chance confronted Michael about talking to his girlfriend.

As a new school year begins, Chance is continuing to recover from his injuries and Michael has been sentenced to 35 years in prison. But, the story does not end here.

On September 22, Chance’s mom, Rebecca Jackson, filed a lawsuit on behalf of her 15-year-old son claiming the district failed to protect her son. The suit seeks unspecified damages.

Jackson’s attorney claims simple safety measures enacted by the district could have prevented the tragedy. "The doors to that school were left wide open, not locked," said attorney Ron Frazier. "School security is something that needs to be in the forefront of all of our minds."

School safety consultant Chuck Hibbert said he believes the struggling economy has forced school districts to make tough choices about school safety. But, Jackson’s attorneys argue that locking the doors is not expensive.

This story, like many others making headlines (view the “Time Line of Worldwide School Shootings,”) demands that schools conduct school safety assessments. A safety assessment includes school emergency and crisis preparedness planning, security crime and violence prevention policies and procedures, personnel and internal security, and more. Numerous consultant options are available for schools including ISM’s Risk Management Consultant, Martin Kelly. If interested in setting up a risk evaluation for your school, contact Helen Foster at 302-656-4944.

The first step to preventing violence on your campus is bully-awareness training for your faculty and staff. Many states are now mandating their public districts participate in awareness training. (Read our recent publication Back-to-Bullying Season for more insight on state mandates) ISM held a Webinar series last year about identifying the 21st century bully, which may also be of interest for your school's professional development concerning bullying awareness. This series is available in our recorded Webinar library.

http://www.youtube.com/watch?v=zM3dYbbP7l4

The second step is to protect your campus from the actions of others that be beyond your control. Conduct a school safety assessment, and look into insurance policies that can help protect your facility. Know what’s enforced in your state, so that you’re prepared to address parent concerns when they’re visiting your facility.

ISM publications of interest:
Collection: Risk Management: Security (e-book)
Innocent Targets: When Terrorism Comes to School
Jane's Safe Schools Planning Guide for All Hazards


Additional ISM Articles of Interest:
ISM Monthly Update for Business Managers Vol. 10 No. 1 Back-to-Bullying Season

Additional ISM Articles of Interest for Consortium Members:
I&P Vol. 25 No. 16 The School Safety and Security Committee
I&P Vol. 36 No. 2 ISM’s 20 Success Predictors for the 21st Century

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