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FROM COLUMBINE TO NORTHERN ILLINOIS UNIVERSITY

FROM COLUMBINE TO NORTHERN ILLINOIS UNIVERSITY. RISK MANAGEMENT FOR IN-SCHOOL VIOLENCE. Explosion of School Violence 1996-1998. Feb. 2, 1996 Moses Lake, Wash. Two students and one teacher killed, one other wounded when 14-year-old Barry Loukaitis opened fire on his algebra class.

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FROM COLUMBINE TO NORTHERN ILLINOIS UNIVERSITY

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  1. FROM COLUMBINE TO NORTHERN ILLINOIS UNIVERSITY RISK MANAGEMENT FOR IN-SCHOOL VIOLENCE

  2. Explosion of School Violence1996-1998 • Feb. 2, 1996 Moses Lake, Wash. Two students and one teacher killed, one other wounded when 14-year-old Barry Loukaitis opened fire on his algebra class. • Feb. 19, 1997 Bethel, Alaska Principal and one student killed, two others wounded by Evan Ramsey, 16. • Oct. 1, 1997 Pearl, Miss. Two students killed and seven wounded by Luke Woodham, 16, who was also accused of killing his mother. He and his friends were said to be outcasts who worshiped Satan. • Dec. 1, 1997 West Paducah, Ky. Three students killed, five wounded by Michael Carneal, 14, as they participated in a prayer circle at Heath High School. • Dec. 15, 1997 Stamps, Ark. Two students wounded. Colt Todd, 14, was hiding in the woods when he shot the students as they stood in the parking lot. • March 24, 1998 Jonesboro, Ark. Four students and one teacher killed, ten others wounded outside as Westside Middle School emptied during a false fire alarm. Mitchell Johnson, 13, and Andrew Golden, 11, shot at their classmates and teachers from the woods. • April 24, 1998 Edinboro, Pa. One teacher, John Gillette, killed, two students wounded at a dance at James W. Parker Middle School. Andrew Wurst, 14, was charged. • May 19, 1998 Fayetteville, Tenn. One student killed in the parking lot at Lincoln County High School three days before he was to graduate. The victim was dating the ex-girlfriend of his killer, 18-year-old honor student Jacob Davis. • May 21, 1998 Springfield, Ore. Two students killed, 22 others wounded in the cafeteria at Thurston High School by 15-year-old Kip Kinkel. Kinkel had been arrested and released a day earlier for bringing a gun to school. His parents were later found dead at home. • June 15, 1998 Richmond, Va. One teacher and one guidance counselor wounded by a 14-year-old boy in the school.

  3. Explosion of School Violence1999-2000 • April 20, 1999 Littleton, Colo. 14 students (including killers) and one teacher killed, 23 others wounded at Columbine High School in the nation's deadliest school shooting. Eric Harris, 18, and Dylan Klebold, 17, had plotted for a year to kill at least 500 and blow up their school. At the end of their hour-long rampage, they turned their guns on themselves. • May 20, 1999 Conyers, Ga. Six students injured at Heritage High School by Thomas Solomon, 15, who was reportedly depressed after breaking up with his girlfriend. • Nov. 19, 1999 Deming, N.M. Victor Cordova Jr., 12, shot and killed Araceli Tena, 13, in the lobby of Deming Middle School. • Dec. 6, 1999 Fort Gibson, Okla. Four students wounded as Seth Trickey, 13, opened fire with a 9mm semiautomatic handgun at Fort Gibson Middle School. • Feb. 29, 2000 Mount Morris Township, Mich. Six-year-old Kayla Rolland shot dead at Buell Elementary School near Flint, Mich. The assailant was identified as a six-year-old boy with a .32-caliber handgun. • March 10, 2000 Savannah, Ga. Two students killed by Darrell Ingram, 19, while leaving a dance sponsored by Beach High School. • May 26, 2000 Lake Worth, Fla. One teacher, Barry Grunow, shot and killed at Lake Worth Middle School by Nate Brazill, 13, with .25-caliber semiautomatic pistol on the last day of classes. • Sept. 26, 2000 New Orleans, La. Two students wounded with the same gun during a fight at Woodson Middle School.

  4. Explosion of School Violence2001-2003 Jan. 17, 2001 Baltimore, Md. One student shot and killed in front of Lake Clifton Eastern High School. March 5, 2001 Santee, Calif. Two killed and 13 wounded by Charles Andrew Williams, 15, firing from a bathroom at Santana High School. March 7, 2001Williamsport, Pa. Elizabeth Catherine Bush, 14, wounded student Kimberly Marchese in the cafeteria of Bishop Neumann High School; she was depressed and frequently teased. March 22, 2001 Granite Hills, Calif. One teacher and three students wounded by Jason Hoffman, 18, at Granite Hills High School. A policeman shot and wounded Hoffman. March 30, 2001 Gary, Ind. One student killed by Donald R. Burt, Jr., a 17-year-old student who had been expelled from Lew Wallace High School. Nov. 12, 2001 Caro, Mich. Chris Buschbacher, 17, took two hostages at the Caro Learning Center before killing himself. Jan. 15, 2002 New York, N.Y. A teenager wounded two students at Martin Luther King Jr. High School. October 28, 2002 Tucson, Ariz. Robert S. Flores Jr., 41, a student at the nursing school at the University of Arizona, shot and killed three female professors and then himself. April 14, 2003 New Orleans, La. One 15-year-old killed, and three students wounded at John McDonogh High School by gunfire from four teenagers (none were students at the school). The motive was gang-related. April 24, 2003 Red Lion, Pa. James Sheets, 14, killed principal Eugene Segro of Red Lion Area Junior High School before killing himself. Sept. 24, 2003 Cold Spring, Minn. Two students are killed at Rocori High School by John Jason McLaughlin, 15.

  5. Explosion of School Violence2005-2007 • Nov. 8, 2005Jacksboro, Tenn. One 15-year-old shot and killed an assistant principal at Campbell County High School and seriously wounded two other administrators. • Aug. 24, 2006 Essex, Vt. Christopher Williams, 27, looking for his ex-girlfriend at Essex Elementary School, shot two teachers, killing one and wounding another. Before going to the school, he had killed the ex-girlfriend's mother. • Sept. 26, 2006 Bailey, Colo. Adult male held six students hostage at Platte Canyon High School and then shot and killed Emily Keyes, 16, and himself. • Sept. 29, 2006 Cazenovia, Wis. A 15-year-old student shot and killed Weston School principal John Klang. • Oct. 3, 2006Nickel Mines, Pa. 32-year-old Carl Charles Roberts IV entered the one-room West Nickel Mines Amish School and shot 10 schoolgirls, ranging in age from 6 to 13 years old, and then himself. Five of the girls and Roberts died. • Jan. 3, 2007Tacoma, Wash. Douglas Chanthabouly, 18, shot fellow student Samnang Kok, 17, in the hallway of Henry Foss High School. • April 16, 2007Blacksburg, Va. A 23-year-old Virginia Tech student, Cho Seung-Hui, killed two in a dorm, then killed 30 more 2 hours later in a classroom building. His suicide brought the death toll to 33, making the shooting rampage the most deadly in U.S. history. Fifteen others were wounded. • Sept. 21, 2007Dover, Del. A Delaware State University Freshman, Loyer D. Brandon, shot and wounded two other Freshman students on the University campus. Brandon is being charged with attempted murder, assault, reckless engagement, as well as a gun charge. • Oct. 10, 2007Cleveland, Ohio A 14-year-old student at a Cleveland high school, Asa H. Coon, shot and injured two students and two teachers before he shot and killed himself. The victims' injuries were not life-threatening.

  6. Explosion of School Violence2008 • Feb. 8, 2008Baton Rouge, Louisiana A nursing student shot and killed two women and then herself in a classroom at Louisiana Technical College in Baton Rouge. • Feb. 11, 2008 Memphis, Tennessee A 17-year-old student at Mitchell High School shot and wounded a classmate in gym class. • Feb. 12, 2008Oxnard, California A 14-year-old boy shot a student at E.O. Green Junior High School causing the 15-year-old victim to be brain dead. • Feb. 14, 2008DeKalb, Illinois Gunman kills five students and then himself, and wounds 17 more when he opens fire on a classroom at Northern Illinois University. The gunman, Stephen P. Kazmierczak, was identified as a former graduate student at the university in 2007. http://www.infoplease.com/ipa/A0777958.html

  7. F.B.I. Study of In-School Violence

  8. F.B.I. Study of Weapons Used in School Violence

  9. Social withdrawal Excessive feelings of isolation and being alone Excessive feelings of rejection Being a victim of violence Feelings of being picked on and persecuted Low school interest and poor academic performance Expression of violence in writings and drawings Uncontrolled anger Patterns of impulsive and chronic hitting, intimidation, and bullying behaviors A history of discipline problems A history of violent and aggressive behavior Intolerance for differences and prejudicial attitudes Drug and alcohol use Affiliation with gangs Inappropriate access to, possession of, and use of firearms Serious threats of violence (Dwyer, K., et al. 1998); http://keystosaferschools.com Early Warning Signs

  10. Action Plan to Prevent In-School Violence The key ingredients to an effective Action Plan are: Knowledge, Preparation, Communication & Cooperation

  11. Knowledge of the Risk • School administrators, teachers and support staff must recognize and accept the risk that school violence can happen at any school and at any time. • Parents and students must likewise be aware that school violence can happen at their school. • All must know the early warning signs.

  12. Prepare for the Risk • Establish a policy/procedure for teachers, staff, students and parents to report a risk. • Establish a first response/assessment team to evaluate and respond to the risk. • Establish a response plan with first responders, i.e. local/state police, fire department and hospitals. • Establish the response to the risk – detention, expulsion, lock down, evacuation. • PRACTICE, PRACTICE, PRACTICE !

  13. Communication • Promoteall to report behavior that may be an early warning sign. • Teach acceptance and tolerance of others and that bullying to any degree will not be condoned. • Communicate the risk and response to students and parents in a timely fashion through automated land and cell telephone calls, e-mails, campus speakers and television.

  14. Cooperation • Many different groups must work together and exchange information to prevent school violence. • Police and school administrators must exchange information about students exhibiting the early warning signs. (laws may need to be amended to allow the exchange of information about minors). • Schools and first responders must have an agreed action plan. • Schools, students and parents must accept and act in response to the risk.

  15. Legal Duties and Immunities of In-School Violence • Illinois Court of Claims Act (State Universities). • Local Governmental Tort Immunity Act (Local public schools and public community colleges). • Illinois School Code (Private grade/secondary schools). • Common law.

  16. Illinois Court of Claims Act705 ILCS 505/8 • Covers the following public universities: University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern University, Northern Illinois University, Western Illinois University and Illinois Math and Science Academy. • Exclusive jurisdiction in the Illinois Court of Claims. • Award cannot be in excess of $100,000. • One year limitation period. 705 ILCS 505/22-1.

  17. Local Governmental Tort Immunity Act745 ILCS 10/1 et. seq. • Applies to local public grade and secondary schools. • A public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused.745 ILCS 10/2-201.

  18. Local Governmental Tort Immunity ActContinued. • A local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use … shall not be liable for injury unless it is proven that it has actual or constructive notice of the existence of such a condition that is not reasonably safe in reasonably adequate time prior to an injury to have taken measures to remedy or protect against such condition. 745 ILCS 10/3-102.

  19. Local Governmental Tort Immunity ActContinued. • Neither a local public entity nor a public employee is liable for an injury where the liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes …unless such local entity or public employee is guilty of willful and wanton conduct proximately causing such injury. 745 ILCS 10/3-106. • Neither a local public entity nor a public employee who undertakes to supervise an activity on or the use of any public property is liable for an injury unless the local public entity or public employee is guilty of willful and wanton conduct in its supervision proximately causing such injury. 745 ILCS 10/3-108.

  20. Illinois School Code • Applies to private grade/secondary schools. • Teachers … shall maintain discipline in the schools … they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program … and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians. 105 ILCS 5/24-24. • The School Code confers immunity from liability for negligence arising out of such matters; to recover, the plaintiff must prove willful and wanton misconduct. O’Brien v. Township High School 83 Ill. 2d 462 (1980).

  21. Common Law Liability for Criminal Acts of Third Parties • Applies to educational facilities that are not covered by the Court of Claims Act, Tort Immunity Act or School Code i.e. private colleges and universities (Northwestern University). • No cap on damages and no immunity for negligence. • Generally, there is no liability for the criminal acts of third parties absent a special relationship between the parties. • One such special relationship recognized by Illinois courts is that of business inviter and invitee. Where this special relationship exists, a duty arises to protect against reasonably foreseeable criminal activity. Rowe v State Bank 125 Ill.2d 203 (1988).

  22. Common Law Liability for Criminal Acts of Third Parties - Continued • Reasonably foreseeable criminal conduct is knowledge of the occurrence of substantially similar criminal conduct at or near the school to place administrators on notice of the risk of criminal activity. • Arguably, the shooting sprees at Virginia Tech and Northern Illinois could be ruled sufficient notice to universities of the risk to students thereby creating a duty to act. • Another exception is where the landowner voluntarily undertakes to provide security measures. If the owner assumes a duty to protect, that liability is limited, however, by the extent of the undertaking.

  23. SmithAmundsen Rapid Response Team • Evaluation of security policy and procedures. • Recommend strategies to improve communication and the response to risks. • Deploy a rapid response team of attorneys investigate an incident, protecting attorney client privilege, retain consultants and conduct an early liability analysis. • Aggressively defend litigation.

  24. SmithAmundsen Thank You Gerald Cleary SmithAmundsen 150 North Michigan Avenue Suite 3300 Chicago, Illinois 60025 (312)894-3226 gcleary@salawus.com

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