Perhaps the most frightening and
discouraging part of the problem of school safety can be found in the excellent
research and writing of Professor Helen de Haven. Professor de Haven was a
member of the founding faculty of the Appalachian School of Law in 1997, was
the first Dean of Students at the school 1999-2000, and was at the school on
January 16, 2002—the day Peter Odighizuwa shot and killed Dean Anthony Sutin,
Professor Thomas Blackwell, and student Angela Dales—the mother of my oldest
grandchild. De Haven is currently an Associate Professor of Law, John Marshall
Law School in Atlanta, Georgia.
Professor de Haven’s article, “The Elephant in the Ivory
Tower: Rampages in Higher Education and the Case for Institutional Liability,”
raises disturbing questions about safety on this nation’s institutions of
higher learning. Her article appears in The
Journal of College and University Law, a peer-reviewed journal published by
the Notre Dame Law School—the citation for the article is 35 JC&UL 503
(2009). Her words leave the reader with the impression that many of this
nation’s schools approach the threat of gun violence on campus with apathy,
confusion, and a denial of responsibility.
De Haven writes, “It is clear that 10 years after the
shootings at Columbine; seven years after the killings at the Appalachian
School of Law; two years after the massacre at Virginia Tech—as well as the
scores of other school shootings along the way—far too many school officials,
law enforcement personnel, and politicians remain mystified and perplexed over
how to meet the threat of school violence.”
She further asserts that, “Though they are still relatively
uncommon, school shootings in higher education are happening more frequently,
and they are likely to increase unless we in the academy learn from our
collective history. We need a new consensus about how best to keep ourselves
safe without destroying academic freedoms and pedagogical values that best
define us.” De Haven’s words were prophetic, Sandy Hook and Chardin, Ohio attest
to that fact.
Professor de Haven’s words imply
that many who run our academic institutions harbor one or both of the
following: an inexplicable naiveté or a disregard for human life. I would also
not rule out an element of bureaucratic incompetence and mediocrity. In fact,
reading some of the explanations and statements put out by individuals
defending the actions leading up to, during, and following the shootings at
Virginia Tech University, I could not help but wonder, “Are these schools run
by carnival shills?” For example,
faculty members expressed fear for their personal safety to senior
management—yet Virginia Tech denies prior knowledge that Cho was a threat.
Having read Professor de Haven’s words and examined the
events surrounding school shootings here in Virginia, I can only say that
unfortunately the academic community is far from reaching a consensus on how
best to tackle the problem of keeping our schools safe. Here in Virginia, for
example, school officials at Virginia Tech did not sufficiently heed the
concerns and warning of faculty members. When schools ignore faculty
expressions of fear for their personal safety, as well as for the safety of
their students, something is terribly wrong!
Indeed, Professor de Haven asserts: “… universities have a
legal duty as well as a professional obligation to make academic spaces as safe
as they reasonably can for students. … We have not yet owned up to the ways in
which academic cultures ignore the legitimate safety concerns of their faculty
and students, disable appropriate support services, and enable dangerous and
violent student behaviors.”
Professor de Haven is not the only academic to identify a
problem with institutional responses to faculty complaints about threatening
students. Professor Carol Parker at the University of Tennessee and her
colleagues tell the following story:
“A law professor was being stalked and threatened with death
by a student who was failing his class. He and his colleague went to the
administration. Sadly, he later reported, ‘They simply stuck their heads in the
sand and said nothing was happening. For the administration, this do-nothing
strategy was a win-win situation. If they took action, they might get sued.
However, in the small chance that the student actually carried out his threat
and killed the professor, we figured that they would hire a cheaper faculty
member.’” (Smith, Thomas & Parker: Violence
on Campus Practical Recommendations for Legal Education) Carol Parker’s article is accessible free on
the Social Science Research Network (SSRN).
Reflecting on this disgraceful
attitude of a school administration, I could not help but think that this was
the exact same way of thinking that typified the shootings at Virginia Tech and
in many respects made the tragedy inevitable. (To be continued)
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