Teacher’s $10 Million Jury Award in School Shooting Case Highlights Administrators’ Duties to Heed Violence Threats

Quick Hits

• A Virginia jury awarded $10 million to a teacher shot by a six-year-old student, highlighting the responsibilities of school administrators to address and act on threats to safety.
• The case underlines the legal and ethical duty of school officials to implement effective safety measures and policies to prevent school violence and protect students and staff.

The Virginia teacher was shot in the chest and hand in the classroom in January 2023 and suffered serious injuries, according to reports. She sued a now-former assistant principal who reportedly failed to act after multiple warnings that a student had a gun in the student’s backpack.

The jury award comes as the ex-assistant principal is also facing a separate criminal trial on eight felony counts of child neglect. The student’s mother, who owned the gun used in the incident, has already reportedly pleaded guilty to felony charges for child neglect and weapons charges, according to reports

While the ex-assistant principal can still appeal the civil damages award, the award highlights the potential liability schools and individual administrators may face from school shootings or other violent incidents, and has brought attention to appropriate responses to safety concerns and the role school administrators have in maintaining school safety.

Legal Obligations for Schools and School Administrators

Generally, school administrators have a legal duty of care to provide a safe environment for students and staff, including taking reasonable steps to prevent foreseeable harm. Failure to take appropriate measures or act on credible threats can result in legal liability or negligence. Some states also have laws requiring school districts and school district administrators to create and implement safety plans, to run safety drills, and to train students and staff on incident response.  Beyond legal obligations, school administrators may have ethical duties to foster a safe and supportive school environment. This verdict highlights the need to thoroughly assess all warnings and threats to maintain that duty of care. 

Safety Steps

• Prevention and Preparedness—Implementing should consider implementing measures for safety assessment and programs for behavioral intervention when necessary. Administrators may want to review state laws and regulations, as some states require or encourage schools to implement such measures or provide behavioral health resources.  Additionally, schools may consider heeding and investigating all potential concerns, violence threats, and warnings, no matter how unlikely they may seem. School districts can partner with local law enforcement agencies to support administrators in investigating whether threats are credible. Regular training and drills for dealing with emergencies can further prepare students and staff on how to respond in the event of an emergency. Moreover, implementing clear access control measures, including secure entry points, visitor management protocols, and issuing identification badges to students and staff, can provide further protection against external threats.

• Policies and Procedures—Schools may also want to develop and regularly update comprehensive emergency response plans that cover a range of scenarios, from lockdowns, evacuations, and reunification procedures. Again, schools may want to review state laws that may require various policies and procedures to be implemented.  It is also important to establish reliable communication systems and channels to notify students, staff, and parents in the event of an emergency.

• Community Collaboration—School administrators may want to take steps to communicate and collaborate with local law enforcement agencies, parents, transportation companies, news media, and other community organizations to implement safety plans. Communication between schools and parents can further be key to identifying concerns.

• Supportive School Climate—Schools may want to implement or supplement policies that promote positive behavior among students and that provide support for students and staff, such as access to counseling and mental health services. Schools can also encourage students to report concerning behavior and offer anonymous reporting hotlines.

• Post-Incident Response—Post-incident intervention is also an important step, including communication with students, staff, parents, and local law enforcement, and providing counseling and support to students and staff following a traumatic event. Schools may also want to conduct thorough reviews of incident response and prevention policies and update procedures accordingly.

Next Steps

The Virginia teacher shooting case highlights the need for school administrators to address violent threats and take responsible steps to prevent violent incidents. School administrators who take proactive steps to implement behavioral interventions can help foster a supportive educational culture. Schools that lack such procedures and resources may be more susceptible to preventable school violence incidents and increased liability for schools and administrators.

Ogletree Deakins will continue to monitor developments and will provide updates on the Higher Education, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

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