FOR BREAKING NEWS VISIT WWW.QNS.COM JULY 27, 2017 • THE QUEENS COURIER 15
LEAVING SCHOOL
Q: I was 16 years old and leaving summer school, along with hundreds of
kids. My friends and I intended to walk to a restaurant to get something to eat.
Prior to leaving the school grounds, I noticed a group of six young men, whom I
thought were gang members, walking down the street toward the school.
As I was leaving, I told the school’s security officers, who were stationed
at sawhorse barricades, about the gang. The officers responded “we don’t care”
and continued to direct us off the premises.
At first, I didn’t feel so threatened. I am not a member of a gang, and
didn’t think they would mess with me. Then I decided I would be better off returning
to the school campus, but the security guards would not let me. Sure enough,
just outside the barricades, the knives came out.
A: The school’s attorney will argue that it is not an insurer of the safety of its
students, and that the duty owed to its students is co-extensive with the school’s
physical custody and control over them. You had passed out of the school’s orbit of
authority.
In rebuttal, your attorney will argue that the school had notice that gang
members were present directly outside the school. Nevertheless, the school
negligently supervised you by permitting you to proceed outside, into their vicious
hands. The school released you into a foreseeably hazardous setting.
Your attorney will say that the fact that an assault occurs outside the
school gate does not relieve the school of its duty to provide adequate supervision to
students as they are leaving the school premises, nor is it a license for school personnel
knowingly to direct students off the school premises in the face of an immediate
risk of harm.
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