The case of the former assistant teacher at West High says that there are unsafe conditions

A year after West Salem High School teacher’s aide Lauren Eriksen began working with special education students in September 2023, she sued the Salem-Keizer School District, claiming she was placed in an unsafe environment where students assaulted her.

Eriksen’s lawsuit alleges that he was beaten multiple times by students, including a severe bite that ripped his flesh and caused nerve damage and a blow to his face.

The lawsuit contends that the district failed to maintain a safe workplace and violated his due process rights in the 14th Amendment and the Occupational Safety and Health section of the Oregon Safe Employment Act by discriminating against him and retaliating against him.

Attorneys representing the district asked for the case to be dismissed.

Eriksen also alleged that an assistant principal canceled a 911 call she made when one student became violent and destructive, and that no one stepped in to determine whether an emergency call was warranted. Her lawsuit says the director rushed her to an “emergency” medical center where she was diagnosed with multiple injuries, including concussions, neck and back sprains, and muscle stiffness.

After the incident, the district sent Eriksen back to Keizer Elementary School for 12 days, which his attorneys said was retaliation because he worked fewer hours, so his pay was reduced.

“Eriksen has a chronic anxiety disorder because of his treatment in the West,” said Maria Witt, Eriksen’s lawyer.

Eriksen said she was hired to work in an emotional development class, a place for students to develop social skills. He was moved to the Advanced Learning Center to provide additional support because of “the known dangers at DLC and the lack of adequate staffing,” the lawsuit said.

Her lawsuit, which was moved from Marion County Court to district court at the county’s request, notes that Salem-Keizer Public Schools “has experienced a significant increase in student violence” and is “severely short of Teaching Assistants who provide critical support to students with special needs.”

Salem-Keizer School District spokesman Aaron Harada said the district is “always concerned” about the safety of students and staff.

“We want the best for our students and the adults they help, which is why we are constantly improving our safety programs and staff training programs,” said Harada.

Eriksen resigned because of what his lawyers described as an intolerable work environment.

He is seeking damages, an injunction requiring the district to comply with Oregon OSHA recommendations, and an injunction prohibiting the district from creating or exposing Advanced Learning Center employees to a “clearly hazardous work environment.”

The district employs nearly 4,000 people and educates approximately 37,000 students in 65 schools. It is one of the largest employers in the Salem and Keizer communities and the second largest school district in the state.

Student violence and conflict in Salem-Keizer Public Schools

In the past two years, the Statesman has reported an increase in misconduct incidents across Salem-Keizer schools and staff injuries caused by students.

According to statewide data:

• There were 297 reported cases in the 2020-21 school year when schools were closed for part of the year due to the epidemic.

• There were 40,596 incidents reported in the 2021-22 school year.

• There were 44,230 incidents reported in the 2022-23 school year.

• There were 59,411 incidents reported in the 2023-24 school year.

Each year, some students were disciplined more than once.

Oregon’s statewide report card reported that the percentage of students with one or more suspensions or expulsions reached 7.3% in the 2023-2024 school year, up from 6.8% the previous year and 5.7% in 2021-2022.

Special education students were disciplined more often than other groups.

Twenty-seven of the 861 teachers who completed an exit survey from 2020-2024 cited student behavior, safety, support or respect as the main reason for leaving.

In the category where teachers can give feedback on how the district can improve, 31 mentioned special education, and eight mentioned student behavior.

“There is division between departments and a lack of support systems,” wrote one teacher. “Where this is most evident is the lack of programs to serve our students with important behaviors, and asking for behavioral support, especially when those students are in special education classes.”

Oregon OSHA recommendations

Oregon Occupational Safety and Health conducted a voluntary consultation with the state in the fall of 2023, finding five “serious” safety violations and a dozen that it considered less serious.

Experts interviewed about 100 employees at six different schools in the region, and found injury rates in those schools were consistently well above the national average.

The district responded by reinstating the commitment to safety committees and additional training on procedures, protocols and responses to employee injury reports, Harada said.

The timeline for staff training and support, according to Harada, is as follows:

• Fall 2023: The district implemented a no-cost counseling program for employees who experience extreme injuries.

• Winter 2023: Redesign the safety committee model with clear expectations, training and ongoing support.

• Spring 2023: The district provided additional services to coordinate mental health care.

• Fall 2024: Behavioral health consultation, including a multidisciplinary team for intensive, individualized student support and clear intervention processes with progress monitoring.

• Winter 2024: Disaster response interventions and training, including an optional post-disaster support system and wellness training. A second Behavioral Intervention Center was opened.

• Spring 2024: Intensive healing and safety consulting, including a specialized team focused on student-level and program-level interventions, comprehensive injury reporting and monitoring and the support of dedicated safety officers.

• Summer 2024: Training school and behavioral health training, which includes an 8-day certification program, advanced training, recertification options and OSHA-recommended training in trauma and stress-informed practices. The district also opened a partial treatment/inpatient facility (outpatient treatment for students ages 5-17 with mental health challenges).

• Winter 2025: The district plans to expand its interim medical care class.

Alexander Banks is an AAJA-SPJ reporting intern at the Statesman Journal. Reach him at abanks@statesmanjournal.com

This article first appeared in the Salem Statesman Journal: Former West High teacher’s aide’s lawsuit alleges unsafe conditions