Chapter 6 School Personnel And School District Liability

Copyright © Allyn & Bacon 2008

Chapter 6 School Personnel and Chapter 6 School Personnel and School District LiabilitySchool District Liability

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.


It should be noted that teachers and It should be noted that teachers and administrators are held to a higher administrators are held to a higher standard of care than the ordinary standard of care than the ordinary man on the street. man on the street.

The teacher or administrator is under The teacher or administrator is under the duty to possess more than the the duty to possess more than the “ordinary” amount of intelligence in “ordinary” amount of intelligence in relation to students and their care.relation to students and their care.


The School as a Safe PlaceThe School as a Safe Place

Schools are presumed to be safe Schools are presumed to be safe places where teachers teach and places where teachers teach and students learn. students learn.

The prevailing view held by the The prevailing view held by the courts is that prudent professional courts is that prudent professional educators, acting in place of parents, educators, acting in place of parents, are supervising students under their are supervising students under their care and ensuring, to the greatest care and ensuring, to the greatest extent possible, that they are safe. extent possible, that they are safe.


Liability of School PersonnelLiability of School Personnel

School personnel are responsible for School personnel are responsible for their own tortious acts in the school their own tortious acts in the school environment. environment.

Liability involving school personnel Liability involving school personnel normally falls into two categories--normally falls into two categories--intentional torts and unintentional. intentional torts and unintentional.


Intentional torts such as assault, Intentional torts such as assault, battery, libel, slander, defamation, battery, libel, slander, defamation, false arrest, malicious prosecution false arrest, malicious prosecution and invasion of privacy require proof and invasion of privacy require proof of intent or willfulness; whereas of intent or willfulness; whereas simple negligence, as an simple negligence, as an unintentional tort, does not require unintentional tort, does not require such proof of intent or willfulness. such proof of intent or willfulness.


Vicarious LiabilityVicarious Liability

Since school districts are deemed Since school districts are deemed employers of teachers, they also may employers of teachers, they also may be held vicariously liable for the be held vicariously liable for the negligent behavior of their negligent behavior of their employees. employees.

Under the old theory of Under the old theory of respondeat respondeat superiorsuperior, the master is only , the master is only responsible for authorized acts of its responsible for authorized acts of its servants or agents. servants or agents.


ForeseeabilityForeseeability

Foreseeability is a crucial element in Foreseeability is a crucial element in liability cases, especially in cases liability cases, especially in cases involving negligence. involving negligence.

ForeseeabilityForeseeability is defined as the is defined as the teacher’s or administrator’s ability to teacher’s or administrator’s ability to predict or anticipate that a certain predict or anticipate that a certain activity or situation may prove activity or situation may prove harmful to students. harmful to students.


Once this determination is made, Once this determination is made, there is an expectation that prudent there is an expectation that prudent steps be taken to prevent harm to steps be taken to prevent harm to students. students.

Failure to act in a prudent manner Failure to act in a prudent manner may result in liability claims. may result in liability claims.


AssaultAssault

An An assaultassault is an offer to use force in is an offer to use force in a hostile manner which causes a hostile manner which causes apprehension. apprehension.

The person being assaulted normally The person being assaulted normally must feel a degree of immediacy in must feel a degree of immediacy in the sense that the one committing the sense that the one committing the assault will execute it promptly the assault will execute it promptly and has the apparent capacity to do and has the apparent capacity to do so. so.


BatteryBattery

A A batterybattery has occurred when physical has occurred when physical contact actually takes place. In contact actually takes place. In practice, a battery is a successful practice, a battery is a successful assault. assault.

A battery involves A battery involves unwelcomedunwelcomed and and unprivilegedunprivileged body contact involving body contact involving another person that is hostile and another person that is hostile and unlawful. unlawful.


Assault and battery affect teachers, Assault and battery affect teachers, administrators and students in the administrators and students in the school environment. school environment.

Every person is responsible for his or Every person is responsible for his or her actions in cases involving assault her actions in cases involving assault and battery. and battery.


DefamationDefamation

DefamationDefamation occurs when false occurs when false statements are made about another statements are made about another person. person.

These statements generally are ones These statements generally are ones that tend to harm a person’s good that tend to harm a person’s good name, reputation or subject the name, reputation or subject the person to person to hatred, contempt hatred, contempt oror ridiculeridicule. .


Certain statements are privileged if Certain statements are privileged if made in good faith and within the made in good faith and within the scope of educator’s duty. scope of educator’s duty.

Therefore, school personnel who Therefore, school personnel who expect to be protected by qualified expect to be protected by qualified privilege must not make false privilege must not make false statements regarding students or statements regarding students or colleagues with colleagues with malicemalice or the or the intent intent to harmto harm. .


False ImprisonmentFalse Imprisonment

False imprisonmentFalse imprisonment occurs when a occurs when a student is detained illegally by the student is detained illegally by the teacher or the principal. teacher or the principal.

False imprisonment is considered to False imprisonment is considered to be an be an intentional tortintentional tort. .


Unintentional TortsUnintentional Torts

Unintentional tortUnintentional tort is a wrong is a wrong perpetrated by someone who fails to perpetrated by someone who fails to exercise that degree of care in doing exercise that degree of care in doing what is otherwise permissible; i.e., what is otherwise permissible; i.e., acts negligently. acts negligently.

Negligence is perhaps the most Negligence is perhaps the most prevalent source of litigation prevalent source of litigation involving injury to students. involving injury to students.


Negligence is generally viewed as Negligence is generally viewed as the failure to exercise a reasonable the failure to exercise a reasonable standard of care which results in standard of care which results in harm or injury to another person. harm or injury to another person.

Most negligence cases involve civil Most negligence cases involve civil wrongs, although there may be wrongs, although there may be instances in which the accused faces instances in which the accused faces both civil and criminal charges. both civil and criminal charges.


Standard of CareStandard of Care

Standard of care is an important Standard of care is an important concept in cases involving liability of concept in cases involving liability of school personnel. school personnel.

It requires that school personnel It requires that school personnel exercise the same degree of care exercise the same degree of care which a person ofwhich a person of ordinary prudence ordinary prudence would exercise under the same or would exercise under the same or similar conditions. similar conditions.


This standard of care will vary This standard of care will vary depending on particular depending on particular circumstances. circumstances.

The level of care due students The level of care due students changes based upon the changes based upon the age, age, maturity, experience maturity, experience and and mental mental capacity of studentscapacity of students, as well as the , as well as the nature of the learning activities in nature of the learning activities in which they are involved. which they are involved.


Defenses for NegligenceDefenses for NegligenceContributory NegligenceContributory Negligence

If the evidence reveals that persons If the evidence reveals that persons claiming injury exhibited conduct claiming injury exhibited conduct that fell below a reasonable that fell below a reasonable standard, liability charges against standard, liability charges against school personnel may be abrogated. school personnel may be abrogated.


Assumption of RiskAssumption of Risk

Assumption of riskAssumption of risk is commonly used is commonly used as a defense in situations involving as a defense in situations involving various types of contact related various types of contact related activities such as athletic teams, pep activities such as athletic teams, pep squads and certain intramural squads and certain intramural activities. activities.


Even though a student assumes an Even though a student assumes an element of risk, it does not relieve element of risk, it does not relieve school personnel in cases where they school personnel in cases where they fail to meet a reasonable standard of fail to meet a reasonable standard of care based upon the age, maturity, care based upon the age, maturity, risk and nature of the risk associated risk and nature of the risk associated with the activity. with the activity.


Comparative NegligenceComparative Negligence

Under comparative negligence, acts Under comparative negligence, acts of those responsible are compared in of those responsible are compared in the the degree of negligencedegree of negligence attributed attributed in an injury situation. in an injury situation.

Juries will normally determine the Juries will normally determine the degree of negligence which may degree of negligence which may range from slight to ordinary to gross range from slight to ordinary to gross depending on the circumstances. depending on the circumstances.


ImmunityImmunity

Immunity as a legal concept has Immunity as a legal concept has diminished in terms of impact. diminished in terms of impact.

It is based on the old common law of It is based on the old common law of sovereign immunity, “The King can do no sovereign immunity, “The King can do no wrong,” meaning that the state or federal wrong,” meaning that the state or federal government is protected from suit and government is protected from suit and cannot be held liable for injuries that cannot be held liable for injuries that resulted in the proper execution of resulted in the proper execution of governmental functions.governmental functions.

Chapter 6 School Personnel And School District Liability

Technology

school personnel

false imprisonment

school environment

comparative

intentional

reasonable

negligence

exercise