Gun Violence on Campus

JurisdictionColorado,United States
CitationVol. 44 No. 10 Pg. 37
Pages37
Publication year2015
44 Colo.Law. 37
Gun Violence on Campus
Vol. 44, No. 10 [Page 37]
The Colorado Lawyer
October, 2015

Special Issue: Education Lawexh

Gun Violence on Campus

By Ben Echeverria.

About the Author

Ben Echeverria is a solo practitioner in Colorado Springs primarily specializing in education law. He has been in-house counsel with a major K-12 school district and later with a college and community college district. He was also an insurance defense attorney defending educational entities and had a private practice where he specialized in plaintiffs' civil litigation— Ben.Echeverria@comcast.net.

This article discusses the issue of gun violence on American school and college campuses. It reviews the studies of the National Rifle Association and the American Psychological Association and discusses threat assessment, prediction, and intervention as applied in the Safe2Tell® program under the Law Department of the Colorado Attorney General's Office.

Gun violence in society and on school and college campuses is an unfortunate part of contemporary American culture. "A nation may be judged by how well it protects its children. In terms of lethal violence, the United States does very badly."[1]

This article compares a study by the National Rifle Association (NRA) task force entitled "The National Model School Shield Program"[2] with a study by the American Psychological Association (APA) titled "Gun Violence: Prediction, Prevention, and Policy."[3] This article also identifies the common elements of the two disparate studies as threat assessment, prediction, and timely intervention.

These three common elements of the NRA and APA studies are given life in Colorado's Safe2Tell® program. Safe2Tell® operates under the authority of the Colorado Attorney General's Office and is expanding its scope and effectiveness throughout Colorado's educational institutions.[4]

Different Perspectives

Two of the main opinions in the United States on the topic of gun violence on American school and college campuses are discussed below.

On one side of the discussion of gun control on school and college campuses are the proponents of the Second Amendment right to bear arms headed up by the NRA and supported by legislative enactments, court decisions, and political action groups. Their legal clout comes from the U.S. Supreme Court's decision in District of Columbia v. Heller.[5] The majority opinion of the Court in Heller extended the plain meaning of the words of the Second Amendment beyond the "individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."[6]

On the other side of the debate are the proponents of gun control on school and college campuses, including the Brady Center to Prevent Gun Violence, [7] some members of the U.S. Congress and local legislative advocates, the public health community headed up by the Centers for Disease Control and Prevention, and professional groups like the APA.

Notwithstanding their differing philosophies, common ground does exist between the NRA and the

APA in the areas of threat assessment, prediction, and intervention. There are only a few viable programs applying the principles of threat assessment, prediction, and timely intervention within an operational framework that produce meaningful results. In Colorado such a program is found in Safe2Tell®.

Threat Assessment

The law enforcement community takes the lead in threat assessment, as is evident from finding number 10 of the NRA's National School Shield (NSS) Task Force report, which in part states: "The most widespread and effective tool that has been used to identify pre-incident indicators and other indicators of school dynamics is the use of Threat Assessment Groups or Behavioral Intervention Teams (BIT)."[8]

In 2011, a survey of Virginia school safety was conducted by the University of Virginia after threat assessment guidelines were employed. This survey reported lower rates of weapons-related disciplinary infractions and of school suspensions. The survey also reported less bullying and that students were more likely to seek help for bullying and threats of violence with more positive perceptions of school climate.[9]

Prediction

The APA study discusses what it calls the developmental issues leading to gun violence. The study concludes that "there is no single profile that can reliably predict who will use a gun in a violent act."[10] Risk factors develop overtime during childhood and adolescence. "The most consistent and powerful predictor of future violence is a history of violent behavior."[11]

Commenting on gender and culture, the APA states that further investigation is needed to explain why males are perpetrators of the vast majority of gun violence. Changing perceptions among males regarding social norms about their masculinity need to be studied further.[12]

Prevention

Prevention of gun violence is also a challenge for psychology. According to the APA study, prevention efforts can reduce the rare occasions when severe mental illness contributes to homicide and when depression or other mental illness contributes to suicide.

Prevention of violence occurs along a continuum beginning in early childhood with programs to help parents raise emotionally healthy children. These efforts need to include identification and intervention with troubled individuals who are threatening violence.

The mental health community should take the lead in developing community-based, collaborative problem-solving models that use a multitude of prevention strategies as opposed to relying on community service systems that operate in silos. Some success has occurred with community-based programs where police were receiving training in crisis intervention and community members were trained in mental health first aid. Public health messaging campaigns on safe gun storage and keeping guns locked are important parts of a community-based effort.

Most people suffering from a mental illness are not dangerous. However, individuals at risk for violence due to mental illness, suicidal thoughts, or feelings of desperation should get mental health treatment. These efforts can often prevent gun violence. At the present time in the United States, our mental health services are insufficient.[13]

Threat assessment is becoming a standard of care for preventing violence in schools and colleges. Teams trained in threat assessment can assess whether a person poses a threat of violence or self-harm and take steps to intervene. The use of a gun in a violent situation greatly increases the odds that there will be a fatality. Firearm prohibitions may be effective for high-risk groups, including for domestic violence offenders, persons convicted of violent crimes, and individuals with mental illness adjudicated as being a threat to themselves or to others. These measures have been shown to reduce violence.[14]

Center for the Study and Prevention of Violence

The Center for the Study and Prevention of Violence (CSPV) is a part of the Institute of Behavioral Science at the University of Colorado Boulder. It was founded in 1992 by Dr. Delbert Elliott, an international expert in youth violence prevention. CSPV aims to bridge the gap between research and practice to ensure that the best practices for violence prevention and positive youth development get into the hands of those who need them most. CSPV engages in multidisciplinary research and outreach to practitioners and policymakers to support positive youth development and to prevent problem behaviors in children and youth through three main strategies: resources, technical assistance, and research.

Resources are used by CSPV to identify and disseminate information on evidence-based programs, practices, and policies related to violence prevention and positive youth development. CSPV gives technical assistance through informational presentations, consultation, school climate surveys, and assistance in program planning, development, implementation, and evaluation. Finally, CSPV performs research on the effectiveness of prevention and intervention programs, and translational research on the dissemination, selection, and implementation of programs.[15]

Colorado's Response to Gun Violence in Schools

Colorado's response to gun violence in its schools began with the Colorado legislature's review of the Safe School Initiative report prepared by the U.S. Secret Service and the U.S. Department of Education following the attack at Columbine High School in April 1999.[16](See excerpts of the findings in Appendix A.) In addition, social-psychological programs were undertaken by the CSPV. The Safe2Tell® program began in Colorado K-12 school districts.

Beginning in 2000, the Colorado legislature passed numerous bills implementing safe school philosophy for K-12 school districts.[17] This legislation included numerous provisions related to the possession of dangerous weapons on campus.

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