School Personnel & School District Liability

School Personnel Liability

100

If the plaintiff demonstrates that a school employee’s action violated a clearly established law and that the employee exhibited a reckless disregard for the rights of the plaintiff, then school personnel may be held individually liable for their actions that result in injury to a student.

True Davis case: official are shielded from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known at the time of the incident. (Civil Rights Act of 1871, Section 1983)

200

The school board may not be held vicariously liable for the negligent behavior of their employees because they are not at fault.

False Under vicarious liability, the teacher must be acting within the scope of his or her assigned duties.

300

Teachers and administrators do not have the ability to foresee that certain activities or situations may prove harmful to students, therefore liability claims cannot occur.

False Whether an injury is or is not foreseeable is a question of fact that is determined by a jury when deciding if liability should be imposed. (Examples: broken glass in entryways, defective playground equipment, and fights between students)

400

School personnel are obligated to maintain safe premises for students under their supervision and must exercise extra care to ensure students are protected from any nuisances (dangerous or hazardous condition that limits free use of property by the user).

True An attractive nuisance is a dangerous instrument or condition that has a special attraction to a less mature child who does not appreciate the potential danger and who could be harmed. The standard of care increases in these cases and a claim will be supported if the evidence suggests one or more of the following: 1. Those responsible for the property knew or should have known that children would be attracted to the hazardous condition. 2. The responsible party knew that the hazardous condition posed an unreasonable risk to children. 3. Children, because of their youth, were unaware of the risk. 4. The utility to the owner of maintaining the risk and the cost of eliminating it were slight, as compared to the risk to children. 5. The owner failed to exercise reasonable care in eliminating the risk.

500

In premises liability, negligence or failure to routinely inspect buildings or grounds to ensure that they are safe could result in injury to students, and claims can only be brought against the property owner.

False, claims can be brought against the district and school personnel who have supervisory responsibilities. Negligence is usually not sustained unless school personnel carelessly created a hazardous condition or allowed it to continue after being informed of the existence of such a hazard.

Intentional Torts

100

An assault is a tort committed against a person’s mind, causing fear and apprehension for his or safety. It may be verbal or exhibited through actions, but without physical injury; the mere fear for one's personal safety is sufficient to establish an assault.

True The person being assaulted normally must feel a degree of immediacy, in the sense that the one committing the assault will execute it promptly and has the apparent capacity to do so. An assault involves a threat to inflict harm to another person’s body in an offensive manner. Each of the elements identified in the definition must be present to sustain assault charges. Therefore, all elements and facts relating to an alleged assault must be examined in detail to determine whether the assault is valid.

200

Teachers and administrators may be liable if they fail to act when it is foreseeable that one student may injure another based on threats and no action is taken to prevent possible injury.

True A battery occurs when physical contact actually takes place. It involves unwelcome and unprivileged body contact involving another person. This contact is normally considered to be hostile and unlawful. Teachers and administrators may be liable if they observe a student being assaulted or battered by others and fail to exercise proper steps to prevent injury.

300

School officials are not liable if students engage in a physical fight that is mutual, even when there is prior knowledge that physical contact will occur.

False An injured student may file suit against school personnel for damages resulting from injuries received in a physical attack by another student when there is evidence that they had prior knowledge that the student had been threatened prior to the actual physical attack.

400

Defamation occurs when false statements are made about another person, even if a third party is not involved.

False, to succeed in defamation charges, evidence must demonstrate that defamatory statements were communicated to a third party. People have a right to expect their reputations to be free of false or malicious statements made by others. Defamatory statements generally tend to harm a person's good name or reputation or subject the person to hatred, contempt, or ridicule.

500

Slander is written defamation and libel is oral defamation.

False Both include statements or communication that result in injury to a person's reputation, good name, or standing in the school or community. A third party must be privileged to this communication to establish defamation charges. The burden of proof rests with the person who claims injury. If claims are successful they will usually result in monetary damages. Four categories of slander are considered defamatory on their own merits. The person affected by these statements need not prove damages when statements are made regarding criminal behavior, professional or job incompetency, possession of a contagious disease, and unchastity in a woman.

Defenses against Defamation

100

Qualified privilege is established where there is no evidence that statements were made based solely on personal spite, ill will, or culpable recklessness or negligence.

True When educators operate within these parameters, they will generally be supported by the courts because education is of great public interest and courts recognize the importance of statements made by school personnel in executing their official duty. They enjoy some degree of freedom as long as they have in interest in the information and act in good faith.

200

Since educators influence the lives of children, there is an expectation that their actions are guided by good faith and should always demonstrate sensitivity and a concern for protecting the personal rights and interests of students.

True Since the passage of the Freedom of Information Act in 1966, statements attributed to public school officials while serving in their official capacities are subject to disclosure. Students are not required to waive their rights to examine statements made about them by school personnel.

300

School personnel cannot be charged with mental distress, even if there is evidence that their behavior or conduct was calculated to cause serious emotional distress for students.

False Charges of mental distress usually arise when one exhibits conduct that exceeds the acceptable boundaries of decency. It is a form of tort liability that is construed to create mental anguish of a serious nature. Courts allow school personnel to discipline students as long as the discipline in reasonable and consistent with school or district policy. Example: Gordon vs. Oak Park, the court recognized a teacher has the right to verbally chastise a student, within the broad delegation of parental authority. The teacher may be held liable if the evidence reveals that there was an intentional act committed with the intent to humiliate or degrade when it is accompanied by proof of malice.

400

False imprisonment is not applicable in a school setting because teachers and principals have the right to detain a student as long as they see fit.

False, it is an intentional tort that occurs when a student is detained illegally by the teacher or the principal. If a student is wrongfully detained for an unreasonable period of time for offensive behavior that does not warrant detention, a tort has occurred. Teachers and administrators may detain students after school if the offense is clearly one that warrants detention and if parents are aware of the planned detention so that proper arrangements can be made to transport the student after the detention has ended. Students should never be denied lunch breaks as a form of punishment.

500

Teachers have the right to confiscate items for any length of time desired if the items are in violation of school rules, may create disruption, or may cause harm to the student in possession of the item or to other students.

False, teachers do not have the right to keep or retain them for an unreasonable period of time. Trespassing on personal property is a tort that involves confiscating or interfering with the use of a student's personal property without proper authority. The intentional tort that occurs frequently when school personnel confiscate various items from students during the school day. If the item is not in violation of school policy, dangerous, or disruptive to the educational process, school personnel have no right to confiscate the item.

Unintentional Torts

100

The teacher or principal owes a legal duty to protect students by conforming to certain standards.

True, "Standard of Care" The level of care due students changes based on the age levels, maturity, experience, and mental capacity of students, as well as the nature of the learning activities in which they are involved. Educators must exhibit behavior that meets the standard that a reasonable, mature, and intelligent person would meet in the same or similar situation. However, liability would not exist in situations in which accidents occurred that were unavoidable or unforeseeable.

200

The fact that a student is injured in a given situation implies that a breach of duty has occurred.

False Breach of duty is determined based on the nature of the activity for which the educator is held responsible and whether school personnel should have foreseen possible injury. School personnel are expected to take prudent steps to prevent harm when it reasonably foreseeable that students might be harmed. Failure to act would constitute a breach of duty.

300

If a student is injured and the injury is not related to the teacher or administrator's failure to exercise proper standard of care, no liability is involved.

True Proximate cause occurs when a causal relationship existed between the breach of duty and the actual injury sustained by the student. There must be evidence that links the injury directly to failure of educators to act prudently in a given situation. Example: If a teacher is absent from the classroom for a brief period of time and an injury occurs in the teacher's absence, was the injury directly related to the teacher's absence? If the response is yes, then proximate cause has likely been established. An analysis of facts and circumstances surrounding the injury would be factors considered by the courts.

400

To establish liability, evidence must reveal that actual injury resulted either from acts committed by school personnel or their failure to act prudently in a given situation.

True The person claiming injury must demonstrate that he or she received an injury and that some compensatory damages are related to the injury. The courts will normally award compensatory damages, except in cases of wanton or willful negligence, in which case punitive damages may be considered.

500

When charges of negligence are sought by an injured student, he or she must be able to prove at least one of these four elements were present: standard of care, breach of duty, proximity or legal cause, injury.

False, all 4 must be present Negligence is a failure to exercise a reasonable standard of care that results in harm or injury to another person.

Defenses for Negligence

100

If evidence reveals that a person claiming injury exhibited conduct that fell below a reasonable standard, liability charges against school personnel are still permitted.

False If, by action or decision, the student contributed to any injury received, the courts may find school personnel innocent of liability charges under many state laws. Contributory negligence is probably the most common defense employed in charges of negligence. Children under 7 years old cannot be charged with contributory negligence, 7-14 years old there is a reasonable assumption they are incapable of being charged with it, and 14 years old and above may be assumed to be contributorily negligent. The actions of the school personnel, the intelligence of the student(s) involved, and the level of maturity are critical factors in the jury's deliberations.

200

Students assume an element of risk to participate and benefit from activities in which they wish to participate, such as athletic teams, pep squads, and certain intramural activities.

True In addition, they have knowledge and an understanding of the potential damage involved in participating in the activity. It does not relieve school personnel in cases where they fail to meet a reasonable standard of care based on the age, maturity, risk, and nature of the risk associated with the activity. Examples of negligence: 1. A 12 year old boy was killed when he fell through a skylight at school while retrieving a ball. 2. A student dislocated his shoulder during an intramural football game when the school provided no protective equipment and improper supervision of the game. 3. An 8 year old girl was seriously burned when her costume caught fire from a lit candle on the teacher's desk.

300

If both parties contributed equally to an injury, then neither party is assessed damages under comparative negligence.

True Under comparative negligence, acts of those responsible are compared in the degree of negligence attributed in an injury situation. Juries will determine the degree of negligence (slight to ordinary to gross) and make a determination regarding the degree to which each party has contributed to an injury. Examples: 1. A student lost 2 teeth in a gymnasium fall when he slipped, as a result of not using gym shoes. He had been told that he could participate in gym activities if he wished to do so. 2. While one high school student was speeding in his automobile, another ran a stop sign, causing injury to both students. 3. Two students injured each other during an off-campus fight after school.

400

If an activity is considered proprietary (admission is charged), the school board is immune from lawsuit.

False School districts or schools are obligated to perform these governmental (ministerial) duties: 1. Providing school-sponsored transportation 2. Holding public an open board of education meetings 3. Taking and reporting attendance 4. Reporting suspected cases of child abuse 5. Developing a school calendar Discretionary acts are those for which school personnel may exercise judgment: 1. Deciding to hold field day activities 2. Deciding whether to allow outside groups to use school facilities before or after school 3. Deciding on the nature of field trip experiences for students 4. Determining what extracurricular organizations should be sponsored by the school Some states consider all school district activities to be governmental, whereas others do not. Teachers cannot rely on immunity as a defense to their individual acts that result in injury. Some courts have waived immunity by school boards who have acquired liability insurance.

500

Since potential injury is greater for teachers who supervise physical education classes, intramural sports, science, and vocational laboratories, the standard of care exhibited must be greater.

True Teachers only have a defense if they can adequately demonstrate that proper instruction was provided prior to allowing students to use equipment or materials and they they supervised activities to ensure that their instructions were followed. Example: A teacher was held liable for failure to properly instruct physical education students on proper techniques involving various exercise routines. A 6th grade student was injured when she attempted a vertical jump that resulted in her colliding with a wall. Based on evidence, the teacher failed to demonstrate how the vertical jump should be performed. She also failed to provide proper directions regarding this exercise. The teacher's action was the proximate cause of the student's injury.