KUSA - The father of Claire Davis asked the Littleton Public School board Monday morning to open up about the circumstances that led up to the shooting death of the Araphoe High School senior.
Michael Davis, frustrated by the school's silence, said if the board provides his family and community the answers they need, the school district will be protected any lawsuits.
Schools are currently granted governmental immunity from such lawsuits by the Colorado Governmental Immunity Act, but a bill introduced Friday could allow the Davis family to sue the school.
The Davis family hopes that information from the district could shed light on what school officials knew about then 18-year-old Karl Pierson's struggles in the days and weeks before he showed up to school with the shotgun he used to end Claire's life and then his own.
The following is the proposal submitted to Littleton Public Schools:
1. The Davis family will enter into a binding agreement with LPS not to file suit against LPS, and will forever waive their right to seek damages from LPS, its administrators, teachers and employees for any claims relating to the murder of their daughter Claire Davis.
2. The Davis family and LPS will jointly initiate an arbitration proceeding before a senior arbitrator at the Judicial Arbiter Group (JAG). LPS will pay any arbiters' fees charged by JAG.
3. LPS agrees not to invoke governmental immunity as a defense to the proceeding before JAG.
4. Both the Davis family and LPS will be entitled to pursue full discovery in the JAG proceeding as permitted under the Colorado Rules of Civil Procedure. This will include depositions, subpoenae, interrogatories, document requests, and Requests for Admission. This will specifically include subpoena power over, and the right to conduct discovery of third parties. JAG will resolve any discovery disputes.
5. Discovery and all other proceedings shall be public. Exceptions may be made for personally identifiable information. LPS will agree not to invoke the Family Educational Rights and Privacy Act (FERPA) to avoid answering any discovery requests, except to redact personally identifying information about current or former students. As a deceased former student, Karl Pierson's educational records are not protected by FERPA.
6. Upon the Davises' request, LPS will take reasonable steps to seek the consent of any current or former students to release relevant information that may otherwise be protected from disclosure by FERPA.
7. LPS will make all current LPS teachers, staff, administrators and other employees available for discovery without need of subpoena. LPS will ensure that no reprisals occur based on such persons' cooperation with these proceedings. LPS will also ensure that no reprisals occur against current or former students, or their families as a result of their cooperation with these proceedings.
8. LPS, and its administrators, teachers and other personnel will act to preserve any and all documents, electronic communications, emails and other information that have any bearing on the shooting that occurred on December 13, 2013, or on communications between LPS and/or Arapahoe High School personnel and Karl Pierson and/or his parents.
9. No trial will occur, and JAG will not be asked to make any findings or conclusions.
10. All information and discovery performed may be made available to the public, the press, the Arapahoe County Sheriff, any professional engaged to study the shooting at AHS, as well as to the standing committee on school safety to be established by the pending legislative proposals.
11. Both Davises and LPS may release their own reports and conclusions based on the evidence gathered through the JAG proceeding.
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