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Teen can't sue school for sex molestation
San Francisco Chronicle ^ | 11/10/10 | Bob Egelko, Chronicle Staff Writer

Posted on 11/10/2010 12:27:48 PM PST by SmithL

A 14-year-old boy who allegedly was sexually molested by a female guidance counselor can't sue his school even if it was negligent in hiring and supervising her, a state appeals court has ruled.

Friday's decision by the Second District Court of Appeal in Los Angeles might surprise parents who have been assured that schools are legally responsible for their kids' safety. But it's only a step beyond the state Supreme Court's 1989 ruling that threw out a suit against the Oakland Unified School District by a junior high student who said his teacher molested him during a school-sponsored work session at the teacher's apartment.

The school isn't responsible for the teacher's conduct, the court said back then, because what he did was so far outside the scope of his job. In last week's ruling, the appeals court said there's no state law under which the youngster could sue the school district either for the counselor's misconduct or for the district's alleged failure to prevent it.

The youth, identified as C.A., claimed the counselor at Golden Valley High School in Santa Clarita (Los Angeles County) sexually harassed and molested him many times between January and September 2007. She met with him in her office with the door closed, drove him in her car and had him perform various sexual acts on her at her home, his suit said.

The suit also claimed that the William S. Hart High School District knew the counselor had done similar things with other minors, should have seen what was happening to C.A., and should be held responsible for failing to take reasonable steps to protect the student.

The suit was filed four months after the same counselor, Roselyn Hubbell, was arrested at a motel with another youth. She pleaded no contest...

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Extended News; Government; US: California
KEYWORDS: ca; childabuse; cultureofcorruption; doublestandard; molestation; naughtyteacherslist; publicschools; rape; safeschoolsczar; schools; sexpositiveagenda; sexualizingchildren; sexualmolestation; teacher; yourtaxdollarsatwork

1 posted on 11/10/2010 12:27:53 PM PST by SmithL
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To: SmithL

No accountability for any government hack. They get a free ride to molest you children.

Does the law cover priests as well?


2 posted on 11/10/2010 12:29:09 PM PST by edcoil (Today, we start fixing stupid.)
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To: SmithL

Unbelievable.


3 posted on 11/10/2010 12:29:35 PM PST by TommyDale
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To: SmithL
Guilty!

4 posted on 11/10/2010 12:29:42 PM PST by SmithL
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To: SmithL

Gubmint animals more equal than others it seems.


5 posted on 11/10/2010 12:29:55 PM PST by blackdog
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To: SmithL

Because you can’t sue the government. Learn it. Love it.


6 posted on 11/10/2010 12:30:19 PM PST by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: SmithL
No need to worry, folks. Obama's "Safe School Czar" is on the job!

Image and video hosting by TinyPic

Obama's "Safe School Czar" Kevin
"use a condom" Jennings
__________________________________________________________

From the Washington Times...

EDITORIAL: At the president's pleasure
'Safe school czar' encouraged child sex with an older man
September 28, 2009

A teacher was told by a 15-year-old high school sophomore that he was having homosexual sex with an "older man." At the very least, statutory rape occurred. Fox News reported that the teacher violated a state law requiring that he report the abuse. That former teacher, Kevin Jennings, is President Obama's "safe school czar". ..."

According to Mr. Jennings' own description in a new audiotape discovered by Fox News, the 15-year-old boy met the "older man" in a "bus station bathroom" and was taken to the older man's home that night...".

On the tape, Mr. Jennings recollected that he told the student to make sure "to use a condom" when he was with the older man. That he actively encouraged the relationship is reinforced by Mr. Jennings' own description in his 1994 book, "One Teacher in 10." In that account, the teacher boasts how he allayed the student's concerns about the relationship to such a degree that the 15-year-old "left my office with a smile on his face that I would see every time I saw him on the campus for the next two years, until he graduated." ...

http://washingtontimes.com/news/2009/sep/28/at-the-presidents-pleasure/
__________________________________________________________

Image and video hosting by TinyPic

7 posted on 11/10/2010 12:30:40 PM PST by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: edcoil

Not Government Officials.


8 posted on 11/10/2010 12:30:53 PM PST by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: SmithL
But the kid kept going with her and getting molested....until...yup...they got caught...and it became all her fault.

Looks like the court didn't go stupid on this one. Too bad kid...

9 posted on 11/10/2010 12:32:48 PM PST by Sacajaweau
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To: SmithL

“because what he did was so far outside the scope of his job”

I think that would be where the “negligence” part comes in.


10 posted on 11/10/2010 12:33:52 PM PST by Tublecane
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To: edcoil

Priests don’t have a taxpayer funded union.


11 posted on 11/10/2010 12:34:20 PM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: SmithL

The accountability should be in the criminal justice system and should be demanded of the perpetrators.

Why should the tax payers be held accountable for this?


12 posted on 11/10/2010 12:34:46 PM PST by samtheman
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To: TommyDale

Public employee unions spent $25.5 million on ballot initiatives alone (CA)

http://www.eiaonline.com/intercepts/2010/11/09/neacta-outspends-everyone-on-california-ballot-measures/

Best protection money can buy...


13 posted on 11/10/2010 12:34:58 PM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: SmithL
The school isn't responsible for the teacher's conduct, the court said back then, because what he did was so far outside the scope of his job

1) It was a she2No duh!

14 posted on 11/10/2010 12:34:58 PM PST by fml
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To: SmithL

What do you think this is? The Catholic Church?

The NEA-USA is unaccountable. So is the UN.


15 posted on 11/10/2010 12:35:38 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: SmithL

Reason #492 to homeschool.


16 posted on 11/10/2010 12:36:38 PM PST by Oberon (Big Brutha Be Watchin'.)
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To: SmithL
The school isn't responsible for the teacher's conduct, the court said back then, because what he did was so far outside the scope of his job

1- BS

2 - He was a she

3 - I should hope so

17 posted on 11/10/2010 12:37:22 PM PST by fml
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To: SmithL; wagglebee
But it's only a step beyond the state Supreme Court's 1989 ruling that threw out a suit against the Oakland Unified School District by a junior high student who said his teacher molested him during a school-sponsored work session at the teacher's apartment. The school isn't responsible for the teacher's conduct, the court said back then, because what he did was so far outside the scope of his job.

San Fransicko/Okland culture of corruption PING.

18 posted on 11/10/2010 12:37:32 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: SmithL

Apparently the child has no ‘legal standing’.


19 posted on 11/10/2010 12:37:44 PM PST by UCANSEE2 (Lame and ill-informed post)
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To: SmithL
Beauty is only a 6-pack away!

Well....maybe a 12-pack.....

20 posted on 11/10/2010 12:37:51 PM PST by massmike (...So this is what happens when OJ's jury elects the president....)
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To: ichabod1

“Not Government Officials”

potayto, potahto.


21 posted on 11/10/2010 12:38:04 PM PST by Tublecane
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To: SmithL

Any 14 year old male who claims publicly that he was molested by a female guidance counselor is clearly in need of a psychiatrist, hopefully one who is more insane than he is.

I am thinking momma smells an easy million$.

FUBAR


22 posted on 11/10/2010 12:38:26 PM PST by mmercier (everybody dance now)
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To: massmike

Bottle of rum, and then questionable, at best.


23 posted on 11/10/2010 12:40:30 PM PST by TexasPatriot1 ("Tyranny is defined as that which legal for the government but illegal for the citizenry" Jefferson)
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To: SmithL

And remember, the more government takes over, the more people and institutions will be covered by sovereign immunity.

Does anyone think that once the government starts making health care decisions that people will be able to sue like they can sue an insurer for denying coverage or treatment?


24 posted on 11/10/2010 12:40:33 PM PST by Opinionated Blowhard
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To: fml

Two different cases being discussed, one boy was molested by an adult male, and a subsquent boy was molested by an adult female.


25 posted on 11/10/2010 12:44:14 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: blackdog
Gubmint animals more equal than others it seems.

The suit wasn't against an employee. It was against the school district. No gubmint employee was going to pay. It would be the taxpayers that would pay.

26 posted on 11/10/2010 12:45:02 PM PST by SeeSac
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To: SmithL

I don’t know, I’ve seen much worse. Besides, she has that asian thing goingon and that gives her some extra points in my book. LOL

I’d do her.


27 posted on 11/10/2010 12:45:52 PM PST by RickB444 (Beat your sword into plowshares, but wined up plowing the fields of someone who kept their sword.)
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To: SmithL

In most states the taxpayers would have to pay big bucks.


28 posted on 11/10/2010 12:46:10 PM PST by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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To: Tublecane

They said He in that sentence but later its a She drove him in her car. So which ( i did see the picture) was it. (rhetorical question)


29 posted on 11/10/2010 12:47:38 PM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: SmithL

so instead, they ruled that the kid needs...more counseling.


30 posted on 11/10/2010 12:48:28 PM PST by bigbob
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To: a fool in paradise

I was being anal.... the original post discussing the female predator called her a he. :)


31 posted on 11/10/2010 12:50:54 PM PST by fml
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To: fml

Friday's decision by the Second District Court of Appeal in Los Angeles might surprise parents who have been assured that schools are legally responsible for their kids' safety. But it's only a step beyond the state Supreme Court's 1989 ruling that threw out a suit against the Oakland Unified School District by a junior high student who said his teacher molested him during a school-sponsored work session at the teacher's apartment. The school isn't responsible for the teacher's conduct, the court said back then, because what he did was so far outside the scope of his job. In last week's ruling, the appeals court said there's no state law under which the youngster could sue the school district either for the counselor's misconduct or for the district's alleged failure to prevent it.

Two different cases.

32 posted on 11/10/2010 12:55:22 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: edcoil

The tax payer is accountable.

WGAF, the money grows on trees.

Ask Ben.


33 posted on 11/10/2010 12:55:22 PM PST by mmercier (it is hard to say no, when she is ready to go)
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To: SmithL
[ A 14-year-old boy who allegedly was sexually molested by a female guidance counselor can't sue his school even if it was negligent in hiring and supervising her ]

How many people laughed?...

34 posted on 11/10/2010 12:56:39 PM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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Behind every double standard lies an unconfessed single standard.


35 posted on 11/10/2010 12:57:24 PM PST by A.A. Cunningham (Barry Soetoro is a Kenyan communist)
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To: a fool in paradise

Shoot the male. Give the female thirty... err... make that 99 lashes.


36 posted on 11/10/2010 1:02:49 PM PST by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: a fool in paradise

How embarassing, I was being worse than anal. Thanks!


37 posted on 11/10/2010 1:08:44 PM PST by fml
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To: SmithL

If my child was molested they would be praying I would limit my actions to the courts.


38 posted on 11/10/2010 1:15:56 PM PST by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: SmithL

So why develop background checks at all?

Schools are above reproach, unless there’s a dastardly person on campus on their knees to God, instead of a teacher.


39 posted on 11/10/2010 1:32:16 PM PST by DoughtyOne (Your next chance like this? About 2044. Vote popularity and don't waste time with the details.)
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To: A.A. Cunningham

“Behind every double standard lies an unconfessed single standard.”

Yeah, I never understood the use of the term “double-standard” to describe people’s attitudes toward, for instance, mena and women’s sexual mores. There’s an assumption that men and women are the same and that it’s somehow inappropriate to have on standard for one and another for the other.

But really, there are two standards for two different things, men and women being different. Two standards is not “a” double standard; it’s two standard. Or perhaps you could phrase it as being one standard, which says, “men can do this and women can do that.”


40 posted on 11/10/2010 1:35:07 PM PST by Tublecane
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To: SmithL

“Are you my new guidance counselor?”

“Could you unzip?”


41 posted on 11/10/2010 1:36:09 PM PST by Pearls Before Swine (/s, in case you need to ask)
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To: SmithL

Of course if this was nun....


42 posted on 11/10/2010 3:19:22 PM PST by peteyd (If there were no God,there would be no atheists-GK Chesterton)
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To: TommyDale
Really?

What happened to accountability? So I guess we should put in caps for medical malpractice but we should hold a school district accountable for a teachers actions?

So I work for a business and at that business I work with children and I decide to take liberties with that child, should my actions allow that business to be sued?

I think not. It's obvious that sue happiness shouldn't include any public or private enterprise unless they took a direct action in allowing the issue to take hand. Prove to me that the school district either knew the teacher was aware of the conduct and allowed it to happen or move on.

In most cases against the Catholic Church the cases brought against them have been able to prove that the Church allowed the molestation to happen by moving the priest to another church after a previous transgression took place.

43 posted on 11/10/2010 6:30:27 PM PST by Almondjoy
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To: Almondjoy
"Prove to me that the school district either knew the teacher was aware of the conduct and allowed it to happen or move on."

Did you even read the story?

The suit also claimed that the William S. Hart High School District knew the counselor had done similar things with other minors, should have seen what was happening to C.A., and should be held responsible for failing to take reasonable steps to protect the student.

The suit was filed four months after the same counselor, Roselyn Hubbell, was arrested at a motel with another youth. She pleaded no contest...

44 posted on 11/10/2010 7:04:29 PM PST by TommyDale
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To: TommyDale

That doesn’t show proof.


45 posted on 11/11/2010 9:58:18 AM PST by Almondjoy
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To: Almondjoy
"That doesn’t show proof."

That is the purpose of a lawsuit, to provide the proof. By not allowing a lawsuit, they are condoning this animal behavior. If I was on the jury I would stick it to the school district.

46 posted on 11/11/2010 10:21:54 AM PST by TommyDale
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