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School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 7:03 am
by Tim the Teacher
I have a good relationship with our SRO. During a discussion involving the actions our school takes to secure our building if we needed to lockdown, he indicated that if there was a real shooter in the building and shots had already been fired, he would expect me to help him. First off, there is no damn way I am going to run out to my car and get my weapon even if I don't have a class of kids to secure. Second, I am not sure that it would be a defense to the prosecution that I broke the law and brought my firearm in to the building. Third, I am pretty sure that I would not have a job if I did this. Your thoughts....
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 7:53 am
by KFP
Could he just be offering to provide you with one of his backups if you're nearby him?
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 7:57 am
by Kalrog
I'm just going to comment on the defense to prosecution - yup, you would be protected because of need (IANAL). The other questions are personal and you have to answer them for yourself.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 11:50 am
by boomerang
Tell him to get your authorization to carry on school grounds in writing.
on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 1:12 pm
by LedJedi
not really relevant to the question asked, In the scenario you're describing it's most likely at it would be one of your students who is doing the rampaging.
You should probably ask yourself if you would be prepared to shoot one of your own students both emotionally for yourself and what would likely be the public outcry at a teacher shooting a student under any circumstance. I can't conceive of why you might get in trouble in the court of public opinion for shooting a rampaging student, but the court of public opinion is a fickle thing and all it takes is enough pressure on one politician and you're in the hotseat for doing what's right.
As to the other issues, I would request permission to carry in writing if he wants you to help, but when it came down to the wire and it really went down I'd probably arm up and help out anyway. the "immediately necessary to prevent serious bodily harm" should insulate you from prosecution.
all other things being equal, IANAL.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 1:18 pm
by casingpoint
You've touched a raw nerve in society, Tim. If your are expected to help, you must be permitted to carry where you may be needed. A lot of folks apparently can't reconcile that with current policies about guns on campus and other institutional places.
Secondly, those who would assist in incidents must not be in mortal fear of retribution from the legal system. Good guy stops bad guy = no case, criminal or civil. Somebody has to give up some rights to head these things off. How about the bad guys and their families swallow this little addendum to the social contract instead of the majority?
It appears that increasing terroristic confrontations within the borders of the U.S. are something society is going to have to deal with in the future. In time, hopefully there will emerge new public policy to deal with citizen participation in what has been heretofore relegated to law enforcement. The rapid expansion in recent years of concealed carry programs in most states is a prima facie indicator the tide has turned in favor of law abiding citizens to act on their own in self defense.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 2:35 pm
by Venus Pax
I would want permission in writing before I agreed to anything.
Even apart from weapons issues, I have witnessed and been party to too many occasions of an administrator giving verbal permission on something, then going back on it when it became inconvenient.
I could see a person getting scapegoated in this situation.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 2:40 pm
by troglodyte
Yep, seen it all to often and been in the middle one time to many.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 2:53 pm
by seamusTX
In my opinion, every school (and many other kinds of institution or business) should have a written emergency plan that defines the role of every person or class or persons. If you are supposed to do something different from other teachers, that should be specified in the plan.
I have two reasons for saying this:
1. If there is an emergency, when the first responders arrive, above all you do not want to be an unidentified (to them) armed man.
2. You can be liable not only for what you do but for what you fail to do. If you leave your classroom and something happens to your students, you could conceivably be sued or otherwise held responsible.
I am not a lawyer and this is not legal advice. It's just my opinion.
- JIm
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 4:31 pm
by nils
....well said.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 4:46 pm
by seamusTX
Thanks.
- Jim
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 6:31 pm
by Venus Pax
seamusTX wrote:In my opinion, every school (and many other kinds of institution or business) should have a written emergency plan that defines the role of every person or class or persons. If you are supposed to do something different from other teachers, that should be specified in the plan.
There's the problem.
Once again, Jim, you have it perfectly stated; too bad others don't have the foresight to pull this one off.
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 6:45 pm
by bryang
seamusTX wrote:In my opinion, every school (and many other kinds of institution or business) should have a written emergency plan that defines the role of every person or class or persons. If you are supposed to do something different from other teachers, that should be specified in the plan.
I have two reasons for saying this:
1. If there is an emergency, when the first responders arrive, above all you do not want to be an unidentified (to them) armed man.
2. You can be liable not only for what you do but for what you fail to do. If you leave your classroom and something happens to your students, you could conceivably be sued or otherwise held responsible.
I am not a lawyer and this is not legal advice. It's just my opinion.
- JIm
very good advise, Jim.
-geo
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 7:09 pm
by seamusTX
Thanks again.
Too many school administrators and others have their heads in the sand, hoping that if they avoid planning, the bad thing won't happen. It's like people who don't make out wills or don't have fire extinguishers.
- Jim
Re: School Resource Officer expects me to help
Posted: Sat Oct 25, 2008 9:35 pm
by bdickens
I learned a long time ago in the Army that if it isn't in writing it doesn't exist. Fortunately, I didn't have to learn the hard way.