Guilty!
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 ...
No accountability for any government hack. They get a free ride to molest you children.
Does the law cover priests as well?
Unbelievable.
Guilty!
Gubmint animals more equal than others it seems.
Because you can’t sue the government. Learn it. Love it.
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/
__________________________________________________________
Not Government Officials.
Looks like the court didn't go stupid on this one. Too bad kid...
“because what he did was so far outside the scope of his job”
I think that would be where the “negligence” part comes in.
Priests don’t have a taxpayer funded union.
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?
Public employee unions spent $25.5 million on ballot initiatives alone (CA)
Best protection money can buy...
1) It was a she2No duh!
What do you think this is? The Catholic Church?
The NEA-USA is unaccountable. So is the UN.
Reason #492 to homeschool.
1- BS
2 - He was a she
3 - I should hope so
San Fransicko/Okland culture of corruption PING.
Apparently the child has no ‘legal standing’.
Well....maybe a 12-pack.....
“Not Government Officials”
potayto, potahto.
Any 14 year old male who claims publicly that he was molested by a female guidance counselor is clearly in need of a psychiatrist, hopefully one who is more insane than he is.
I am thinking momma smells an easy million$.
FUBAR
Bottle of rum, and then questionable, at best.
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?
Two different cases being discussed, one boy was molested by an adult male, and a subsquent boy was molested by an adult female.
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.
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.
In most states the taxpayers would have to pay big bucks.
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)
so instead, they ruled that the kid needs...more counseling.
I was being anal.... the original post discussing the female predator called her a he. :)
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.
The tax payer is accountable.
WGAF, the money grows on trees.
Ask Ben.
How many people laughed?...
Behind every double standard lies an unconfessed single standard.
Shoot the male. Give the female thirty... err... make that 99 lashes.
How embarassing, I was being worse than anal. Thanks!
If my child was molested they would be praying I would limit my actions to the courts.
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.
“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.”
“Are you my new guidance counselor?”
“Could you unzip?”
Of course if this was nun....
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.
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...
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.
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