School Shooting and Litigation

By Richard H. Price

Protecting students against violence on campus has become a necessary component of campus and school district administration. The natural corollary of this, protecting the schools from legal risks, has become increasingly difficult.

When a school shooting occurs and students and staff are killed or seriously injured the natural response to attribute blame. The most obvious responsibility lies with the perpetrator of the action him/herself. It is an unfortunate reality that a high percentage of shooters take their own lives at the end of the attack. Those who do not become enmeshed in the legal system and are eventually incarcerated.

Victims and their families have little recourse against the shooter, so they often turn their desire to “punish” someone to other parties. There is a history of suits being filed against the parents of the shooter, the entertainment industry and video game producers, gun manufacturers, and others. There have occasionally been cash settlements negotiated, but for the most part these lawsuits have failed.

This means that in the case of a shooting on a school campus, the school itself becomes the most viable target for a lawsuit. The primary arguments against school administrators is that they failed to notice the warning signs given by the perpetrators, or that they did not respond to the shooting properly, or that they failed to provide adequate security within the school.

What are some immediate and low cost steps that a school district can implement to mitigate this exposure? At the risk of oversimplifying the issue, let me give you just three.

First, have a clear policy about bullying on your campus. Not just a written policy, but an active one with ongoing training for faculty and staff in how to recognize bullying and intervene. Establish clear consequences for bullying activity and make certain these have been clearly communicated to the student body. Keep a careful record of all training meetings and other events where the issue of bullying is addressed. This documentation can show a proactive approach had been taken by the school should you ever be in the position of defending your actions.

Many of the students who evolve into perpetrators have the perception that they were bullied. Addressing this issue positively with both staff and students can be the best defense against the possibility of an attack.

Second, define procedures for shelter in place, campus lockdown, and evacuation. By this I mean specific instructions for how students and staff are to respond for every classroom and public area in the school in each of these three instances. Conduct regular drills at different times of the day. Document all of your training meetings and drills. Help students understand the potential lifesaving importance of these exercises.

Third, evaluate the security of your building and take steps to increase it. Unfortunately, many schools built in the 1990’s and before had numerous exterior doors, courtyards and plazas that are open to anyone walking in, no security of parking areas, etc. There are many actions that can be taken to minimize building security risks that are relatively inexpensive. These might include securing some of the exterior doors so that someone coming to campus must use designated entrances. Several types of locking mechanisms that can be used to secure classroom doors are available at a cost of less than $100. You can find more security ideas by reviewing the free Vulnerability Assessment we offer on this site.

By proactively implementing low cost security measures and a consistent awareness and training program for faculty and students, administrators can minimize their exposure to lawsuits.