In a civil action against an assistant principal, a Virginia jury awarded $10 million in damages to a former first-grade teacher who was shot by a six-year-old student. Garnering national attention, this case emphasizes the importance of school safety, timely reporting, and thorough investigations.
Background in the Case
On January 6, 2023, former first-grade teacher, Abigail Zwerner, was shot by a six-year-old student who brought a gun to school. A few months later, Ms. Zwerner brought a civil action against the Newport News Public School Board and school officials, including the assistant principal, Ebony Parker. A judge later dismissed the school board and school officials, leaving Ms. Parker as the sole defendant in the civil matter.
Allegations of Multiple Warnings
The lawsuit alleged that the student had a history of violence and that Ms. Parker received multiple warnings before the incident occurred.
The warnings included reports that (1) the student was in a violent mood and threatened to harm another student, (2) the student may have had a weapon, (3) Ms. Zwerner saw the student remove something from his backpack, and (4) another student claimed to have seen the gun.
Despite these warnings, Ms. Parker did not take any action to investigate the situation. Consequently, Ms. Zwerner was shot by the student later that day.
Lawsuit
The lawsuit alleged that Ms. Parker breached her legal duty of care to Ms. Zwerner when she failed to act on the reports that the student had brought a gun to school.
Counsel for Ms. Parker argued that the incident was unforeseeable and that school safety is a shared responsibility that falls on all school officials. However, the jury ultimately sided with Ms. Zwerner, awarding her $10 million in damages.
Bottom Line For Schools
While this case arose in Virginia, it serves as a cautionary reminder to Pennsylvania school entities of the importance of timely reporting and prompt investigation.
In 2019, Article XIII-E of the School Code was enacted and requires schools to establish at least one threat assessment team. The team’s function is to assess and intervene with students whose behavior may indicate a threat to the safety of the student, other students, school employees, school facilities, the community or others.
Importantly, once a preliminary determination is made that a student’s behavior may indicate a threat to safety, the team must immediately notify the chief school administrator (or designee), the building principal, and the school safety and security coordinator.
The Virigina verdict underscores the importance of prompt and thorough investigation. Had the assistant principal investigated the various reports, the devasting outcome in this case might have been prevented. Accordingly, schools must ensure that they not only have safety plans in place but that they follow them accordingly.
