School Leaders or Lawbreakers? The Legal Perils of Not Reporting Weapons and Violence on Campus

The recent incident at Thurston Woods School in Milwaukee, where an 11-year-old student allegedly brought a gun to school and threatened other students, underscores a critical failure in school safety protocols. The school’s principal, Dennis Daniels, now faces a felony charge for misconduct in public office for not reporting the incident to the police, as well as a misdemeanor for obstructing an officer. This situation raises a fundamental question: What can school systems do to prevent such lapses in judgment and ensure that their leaders act in the best interest of student safety?

While restorative practices in schools focus on repairing harm and building community, they should not override the necessity of reporting serious incidents, especially those involving weapons. In this case, the principal’s failure to report the crime not only put students at risk but also violated state law, which mandates reporting any instance of school violence where there is a serious and imminent threat to the health and safety of students. Also, it flies in the face of common sense. This is an absolute failure of leadership responsibility to provide a safe and orderly school. Soft behavior and discipline policies designed to save one child at the expense of everyone else have run amok in this case. When school leaders prioritize non-punitive measures over the legal requirement to report criminal activity, the results can be catastrophic.

Why Clear Protocols and Training are Vital

To prevent such situations, school systems need to establish clear protocols for handling incidents involving weapons or violence. These protocols must outline the steps that school leaders, teachers, and staff are required to take when confronted with a potential threat. For example, when a weapon is discovered on school premises, the immediate response should be to secure the area and contact law enforcement, not attempt to handle the situation internally.

Moreover, school systems should provide detailed training to all staff members, emphasizing the importance of adhering to these protocols. Training should cover the legal obligations of school personnel, the steps to take in an emergency, and the consequences of failing to report serious incidents. In the case of Thurston Woods School, proper training might have prompted Principal Daniels to follow the law and report the incident immediately, rather than concealing the discovery of the gun and misleading the police.

Accountability Through Documentation

One of the key elements in preventing such failures is accountability. Schools should implement documented training sessions for all staff members, especially those in leadership positions. This documentation serves as a record that the staff has been trained on the correct procedures and understands the consequences of failing to follow them. Should a staff member fail to report a crime or act negligently, the documented training can be used to hold them accountable. In Daniels’ case, documented training could have provided a basis for disciplinary action or legal protection for the district, had the situation been handled appropriately.

Balancing Restorative Practices and Legal Obligations

While restorative practices are valuable tools for managing minor behavioral issues and fostering a positive school climate, they cannot be applied universally, especially in cases involving criminal behavior or threats to student safety. School leaders must be trained to distinguish between situations that call for restorative practices and those that require immediate legal action. Failing to report a crime, as seen in this incident, is itself a crime. Districts must ensure their leaders understand this distinction and are prepared to act accordingly.

Moving Forward: The Role of School Systems

School systems must adopt a proactive approach to prevent incidents like the one at Thurston Woods School. This includes implementing clear protocols, providing comprehensive training, and ensuring accountability for all staff members. By doing so, they can create a safer environment for students and ensure that all threats are dealt with promptly and in accordance with the law.

While there may be challenges in balancing restorative practices with legal obligations, it is essential for school systems to prioritize student safety and legal compliance above all else. By doing so, they can prevent tragedies and create a secure, supportive learning environment for all students.