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Should public schools pay sex-abuse damages?
Philly.com ^ | 9/5/2012 | Joseph N. DiStefano

Posted on 09/07/2012 11:04:18 AM PDT by Antoninus

"It is good to be King," writes Rep. Greg Lavelle, Republican leader in Delaware's House of Representatives, in response to my Sunday Inquirer column, which compared the current efforts in Pennsylvania and New Jersey to allow people who say they were raped or molested by Catholic priests many years ago to sue their local dioceses for cash damages, as happened in Delaware back in the late 2000s.

Lavelle is talking about the way state law protects public schools and school employees, hit by growing reports of statutory rape of students by staff, from the level of complaints and damages that drove Delaware's Catholic diocese to seek bankruptcy protection.

He challenges a statement in my column from plaintiff's lawyer Thomas Neuberger, who suggested that public schools pay student rape survivors less than Catholic institutions did because public schools haven't kept records on offenders as they move from place to place -- highly useful evidence -- like Catholic dioceses do.

Lavelle (who has kids in both public and Catholic schools) tells me Delaware's state law actually forbids holding public schools to the same level of fiscal accountability (and cash payouts) as Catholic schools. Public schools enjoy "sovereign immunity," Lavelle says. That's based on the old legal concept that the sovereign (the King, in English common law) can do no wrong; it's his kingdom; and the state, in America, is his successor.

Lavelle condemns "the state's inability to do what requires everyone else to do - protect children under their care." He was an original cosponsor of the law lifting Delaware's statute of limitations -- but he also "had an amendment to the original bill to raise sovereign immunity as needed."

He says Delaware's political establishment under Democratic Gov. Jack Markell "realized what a liability it might be," and "education unions certainly wanted nothing to do with it either, as it might open their members to legal actions, or take away money" that would otherwise go to staff expenses. under the law.

So "they fought it tooth and nail," and the Democratic-dominated legislature voted against waiving sovereign immunity for cases of child rape on at least three occasions. "I offered to make the waiver prospective only so only assaults in the future would be covered and the protections under the law might help eliminate future victims - or compensate them." That failed, too.

Result: for public schools that employed rapists yesterday (as opposed to private schools that employed rapists 10 or 20 years ago), says Lavelle, it's good to be king.


TOPICS: Crime/Corruption; Culture/Society
KEYWORDS: antichristian; publicschools; sexabuse; unions
As has been pointed out over and over again, other institutions--in particular government institutions--are not held to anywhere near the same standard as Catholic institutions. There are two sets of laws in this country. Frankly, I'm glad that we Catholics are held to the higher standard.
1 posted on 09/07/2012 11:04:20 AM PDT by Antoninus
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To: Alex Murphy; TSgt

I’m sure you will want to comment on this.


2 posted on 09/07/2012 11:14:49 AM PDT by Antoninus (Sorry, gone rogue.)
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To: Antoninus
In a word, yes. But I don't believe the public schools should pay (because they'd just tax us to pay us back). I would defund the offendting school systems first, then make the non-taxpayer-funded NEA be responsible for their unionized teachers, and pay damages directly to the parents.
3 posted on 09/07/2012 11:31:10 AM PDT by Alex Murphy (At the end of the day, you have to worship the god who can set you on fire.)
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To: Alex Murphy
then make the non-taxpayer-funded NEA be responsible for their unionized teachers, and pay damages directly to the parents.

And what should happen to the principals and superintendents and politicians who have covered up this mess, pray tell? So far, absolutely nothing has happened to any of them. And few people are demanding anything.
4 posted on 09/07/2012 11:39:07 AM PDT by Antoninus (Sorry, gone rogue.)
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To: Antoninus
And what should happen to the principals and superintendents and politicians who have covered up this mess, pray tell? So far, absolutely nothing has happened to any of them.

I think it's untrue to say that absolutely nothing has happened to any of them. I can cite numerous cases in the news, where school teachers, pastors, etc have gone to jail for statutory rape. It may be true, however, that a substantial number of offenders walk away scot-free.

But you asked what should happen to the principals and superintendents and politicians who have covered up this mess? If convicted, at the very least, the same thing that's happening to Bishop Finn right now.

At the very worst? Something involving millstones.

5 posted on 09/07/2012 11:56:38 AM PDT by Alex Murphy (At the end of the day, you have to worship the god who can set you on fire.)
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To: Antoninus

Can’t a case be brought in federal court rather than in state court? Heck, it seems today that the federal government has more control of public schools than the state does.


6 posted on 09/07/2012 12:10:33 PM PDT by goldi
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Didn’t the entire student body of Penn State get F’d over for years because of something like this?


7 posted on 09/07/2012 1:21:16 PM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: Antoninus

The INDIVIDUAL and any ENABLERS should pay any damages, not the taxpayers of the community.


8 posted on 09/07/2012 2:20:22 PM PDT by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: Antoninus

Out of teacher’s union dues of course.


9 posted on 09/07/2012 2:22:27 PM PDT by A CA Guy ( God Bless America, God bless and keep safe our fighting men and women.)
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To: Antoninus

That is a huge mistake for justice.

The mixture of amoral humanists(teachers) with an outsized sex drive (comprehensive sex education homo cause), and other people’s children is an abusive criminal combination. It’s like putting puppies in Obammy’s refrigerator. He loves ‘em in the wrong way.


10 posted on 09/07/2012 4:53:40 PM PDT by SaraJohnson
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To: Alex Murphy

Elected officials run the school system and hire perverts. They make union deals that protect the jobs of criminals and perverts.

The public has to be financially responsible for who they put in power so they can figure out it’s expensive to be idiots voting for back stabbing amoral, union idiots. If victims bankrupt a few public schools/communities...oh well. Maybe they should do vouchers or ban unions for public employees.


11 posted on 09/07/2012 4:58:31 PM PDT by SaraJohnson
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To: Antoninus

Trolling pedo threads again?

Public schools should pay sex-abuse damages but last I checked they weren’t proclaiming to be the light of the world either...


12 posted on 09/08/2012 4:06:16 PM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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To: Antoninus
Moronic. Fining taxpayers to pay for the bad acts of bad police, bad teachers, and bad politicians does nothing but increase taxes, impoverish taxpayers, and encourage more bad acts by those who do not feel the sting from their own bad acts.

Wasn't the idea of whipping boys left behind long ago? Apparently not.

13 posted on 09/08/2012 4:11:27 PM PDT by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: TSgt
Trolling pedo threads again?

LOL. Yes, you are.

Public schools should pay sex-abuse damages but last I checked they weren’t proclaiming to be the light of the world either...,

That's all you've got to say? Thanks for confirming my theory that your animus is for Catholics, not for sex abusers.
14 posted on 09/08/2012 4:33:00 PM PDT by Antoninus (Sorry, gone rogue.)
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To: Antoninus

The problem is the public school is all of us. Whoever failed to supervise the offending person in power should be responsible.


15 posted on 09/08/2012 4:42:56 PM PDT by gitmo ( If your theology doesn't become your biography it's useless.)
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To: Antoninus

When do you find time to be in FR when you are so busy running the Free Jerry Sandusky fan club?

Unlike you and your Catholic brethren I’ve never defended pedophiles.

Some church you got there...


16 posted on 09/08/2012 7:09:28 PM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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To: Antoninus

Don’t Blame Us, Everyone Rapes Children!™ - RCC


17 posted on 09/08/2012 7:11:05 PM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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To: Antoninus
That's some "standard" you have there.

Protectors of pedophiles
18 posted on 09/08/2012 7:14:51 PM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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