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 ...
“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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