School-tipster immunity bill gains momentum

This story appeared in the Antelope Valley Press March 14, 2001.

By BOB WILSON
Valley Press Staff Writer

LANCASTER - Assemblywoman Charlene Zettel, R-Poway, joined Antelope Valley Assemblyman George Runner on Tuesday to support a "school-tipster immunity" bill that would provide protection from civil defamation lawsuits against students, teachers or others who warn authorities of potential school violence.

Zettel represents the 75th Assembly District including the city of Santee, where Santana High School freshman Charles Andrew Williams allegedly killed two students and wounded 13 others in a campus attack March 5. Williams, 15, has been charged with two counts of murder.

Zettel joined Runner, R-Lancaster, at a Sacramento press conference where they announced acceptance of the immunity bill after the deadline for the Assembly's spring 2001 legislative session.

Because it was submitted late, the bill required special dispensation from Assembly Speaker Robert Hertzberg, D-Van Nuys. That dispensation was granted Friday, said Ginny Ward, Runner's spokeswoman in Sacramento.

The bill will be submitted as Assembly Bill 1717, Ward said.

Specifically, the bill states that "no student, parent of a student, teacher, or school official, as defined, who, in good faith, reports to a teacher or school official, a law enforcement agency, or a potential victim, the possibility of reasonably foreseeable physical harm to the person of another student, parent of a student, teacher, or school official shall be liable for any defamation which may result from that report."

If adopted, the measure would prevent lawsuits similar to one filed in February 2000 against the Tapia family of Quartz Hill.

The Tapias were sued after their 17-year-old daughter, Kristina, told Quartz Hill High School officials about a student who allegedly made threats about killing other students just six days after the school shooting at Columbine High School outside Littleton, Colo.

When questioned by school officials on April 26, 1999, Tapia told them about David Belisle, who allegedly made the threats. The next day, she also told school officials after Belisle allegedly threatened her for reporting him to authorities.

Belisle was arrested and, according to the deposition of a sheriff's deputy, he later pleaded guilty to making a terrorist threat and to intimidating a witness, for which he served two concurrent 6-month terms of summary probation.

In February 2000, Belisle and his father, Patrick, sued the Tapias, claiming Kristina lied about the allegations and caused David to suffer emotional distress, embarrassment and ridicule.

The Belisles also sued the Antelope Valley Union High School District, claiming it failed to properly investigate Tapia's allegations and invaded the boy's privacy by parading him before the press.

In January, a judge dismissed the claims against both the district and Tapias, but the Tapias were left with approximately $40,000 in legal bills.

In an attempt to recoup their expenses, the Tapias are suing the high school district, claiming it should shoulder the costs because the bills were the result of inquiries by district officials.

Representatives of the district have declined to discuss the matter because of the pending litigation. Brian Reed, the Belisles' attorney, said he would ask the judge to reconsider the dismissal of the defamation lawsuit Friday.

Reed declined to comment on AB 1717, saying he had yet to read how it had been worded.

Generally speaking, "Everybody wants the schools to be safe, but what do you do when someone out and out lies?" he asked.

Protection against lawsuits like the one filed against the Tapias is important, Runner said.

"School-tipster immunity is already an issue in my Assembly district, and the tragic consequences surrounding the Santana High School shooting have now brought the dialogue to the state level," Runner said. "We must create secure, safe environments for people to report potential crimes."

"Two children would still be with their parents today if those who had prior knowledge of the crime would have reported the threat to authorities," Zettel said. "The Santana High School shooting was a tragedy that did not have to happen."

Kristina Tapia's mother, Kim, said she talked to Runner about the measure on Monday.

"I totally agree with everything they want and what they're trying to do for the students," Tapia said. "I wish it would have been in place earlier."

Before allegedly shooting up the campus at Santee, Williams reportedly told friends he was only joking about his threats to wreak havoc on the school, she recounted.

"Even if something is said in jest, it's not the student's responsibility to figure out if something is a joke or not a joke," Tapia said.

Belisle was one of six local students arrested in Columbine's aftermath because of copycat threats. Another 20 local students were suspended because of such threats.

As of Friday, 16 California students had been arrested or placed under observation for allegedly making new threats toward students or teachers in the wake of the Santee shooting.

At Lancaster High School, rumors about an e-mail from a former teacher at the school generated a wave of concern among students and parents.

The former teacher allegedly sent an e-mail to his colleagues that stated, "Farewell, beware the ides of March," referring to March 15, the date the district typically notifies teachers who are not going to be retained as employees.

Word of the warning circulated among teachers and eventually reached the ears of students, some of whom expressed concerns to their parents. Some parents indicated they intended to keep their children home from school on Thursday because of fears of violence.

The incident was one of three brought to the attention of local law enforcement after the Santana High School shooting, said Darrel Brown, vice president of the high school district's board of trustees and a Lancaster sheriff's sergeant.

"Right after the Santee incident, there was a report that a student had a gun in a backpack and was riding a bus to Littlerock High," Brown said, but that warning turned out to be false.

Also proved false was a tip this past week that a bomb was going to be placed at Highland High School, he said.

To stay abreast of campus discussions, sheriff's officials will meet March 21 with representatives of student safety committees formed earlier this year on each high school campus, Brown said.

The Safety Project 2000 committees were formed to keep peace officers apprised of the prevailing attitudes on campuses, he said.

Deputies from the Lancaster Sheriff's Station already are visiting Santee in an effort to learn more about what triggered Williams' alleged violent outburst, Brown said.

"The bullying seems to be the overall causal factor in all these incidents," he said. "We need to hear from the kids on what we need to do to stop that."

In a recent survey conducted by the Safety Project 2000 committees, half the students said they believe there is a chance that a major violent incident will take place on their campuses.