Case Updates
RIGHT TO SET RULES
Catholic School Teacher Who Signed Pro-Choice Ad
Not Protected under Title VII Retaliation Provision
Curay-Cramer v. Ursuline Academy of Wilmington,
Delaware (.A.W (Del), June 7, 2006 WL 1541695. Court
rejected teacher's claim that her signing the ad was
protected under Title VII and the Pregnancy
Discrimination Act. The ad was a general one and did
not make any reference to the teacher's place of
employment. The school's right to fire her for publicly
expressing a belief contrary to church teaching
was upheld.
BREACH OF CONTRACT, ETC.
Exculpatory Clause in Enrollment Contract Too Broad to be Enforceable Wu ex rel. Tien v. Shattuck-St. Mary’s School (D. Minn.), March 2, 2005 WL 525523. Under Minnesota law, a provision in contract, under which parents who signed it, agreed to hold the school “harmless from all damages arising from personal injury or property loss” was too broad to be enforceable since it would bar every claim, including intentional torts, from being brought to court.
ABUSE AND HARASSMENT
School could be Responsible for Student on Student Harassment Theno v. Tonganoxie Unified School Dist. No. 464, 377 F. Supp.2d 952 (D. Kansas 2005). Student was harassed for several years. He was called “gay” and masturbation jokes were told about him. He could not use the bathroom without someone coming in to ridicule him. After four years of this treatment, student left school during his junior year and subsequently earned a GED. School district sought summary judgment. Court ruled that plaintiff’ argument that school was indifferent to his plight and failure to meaningfully discipline his tormentors constituted a fact for the jury to determine and summary judgment was denied. Additionally, Title IX claim could proceed to jury.
School could be Held Liable under Title IX for High School Teacher’s Sexual Harassment and Sexual Contact with Student Tesoriero v. Syosset Central School District, 382 F. Supp.2d 387 (E.D.N.Y. 2005). Twin sisters brought sexual harassment suit against school and teacher under Title IX and the New York Human Relations Law. Teacher showed great favoritism to both students, one in particular. He gave them gifts and wrote romantic notes. Their father twice asked school officials to “do something about the teacher” and he spoke to the teacher as well. Nothing was done. Over the summer, the teacher sought out one of the girls and had sexual relations with her. Holding that Title IX could only apply to programs and institutions, not individuals, the teacher was “dropped” from the suit. Although the court found no negligence in hiring, it allowed negligent supervision and retention claims to go to trial.
School Liable for Actions of Employee Who Pinched and Shoved Students Vicknair v. St. James Parish School Bd., 907 So.2d 820 (La.App. 5 Cir. 2005). Employee pinched and shoved two eight year olds in the cafeteria. Children sustained marks and expressed pain. Evidence demonstrated that other employees had voiced concern about this employee. Trial court ruled that school was negligent and employee liable for assault. Total award was $6000. Appeals’ court sustained the verdict.
School Liable for Negligent Supervision when Five Male Team Members had Sexual Contact with Female Student on School Bus while Coach Sat on the Bus Doe ex rel. Doe v. Desoto Parish School, 907 So.2d 275 (La.App. 2 Cir. 2005). School appealed negligent supervision verdict that awarded over $200,000 to female student for mental anguish and loss of enjoyment of life and $20,000 to parents for loss of consortium. Coach was present in the front of the bus the whole time the abuse occurred. At one point, he told the student not to sit next to him. Evidence suggested that he did not walk through the bus or otherwise exercise vigilance. Verdict and awards sustained.
School District Can be Liable for Student on Student Affectional or Sexual Orientation Harassment L.W. v. Toms River Regional Schools Bd. Of Educ., (N.J.), 2007 WL 517093. A school district can be held liable for such harassment if it knew or should have known the harassment was occurring or was likely to occur.
School Not Liable for Injuries of Student Who Fell From Roof Marchetti v. East Rochester, (N.Y.A.D.4 Dept), Feb. 3, 2006, 2006 WL 260047. Court held that the sole proximate cause of injuries sustained by a student who fell from the roof a middle school gymnasium was the student’s willful actions in engaging in such dangerous, as well as illegal, behavior.
Parents could proceed against fundraising entity for damages for rape of daughter that occurred while selling items for school R.W. and C.W. v. Manzek, A.2d 740, Pa. 2005). After school district was granted summary judgment, parents alleged that owner of company had actual or constructive knowledge that such injury was possible and continued to encourage students to sell strangers items and failed to warn of dangers.
College Not Liable for Visitor’s Fall from Cliff Blust v. Berea College (Ed.D.Ky.), 2006 WL 20787. A visitor fell to her death from a cliff on the college campus. There were no warning signs. However, the visitor knew the site was dangerous and undertook the risk voluntarily.
School Not Liable for Injuries to Student Who Let Suspended Student into her home Maldonado v. Tuckahoe Union Free School, 817 N.Y.S.2d 376 (A.D. 2 Dept. 2006). A suspended student who had made death threats against another student and her family injured the student in a visit to her house. Since the injured student voluntarily admitted the student into her home, the school had no liability. In any case, the court stated that even if the student had broken into the home, there would have been no negligence on the part of the school.
Child Could Sue School for Negligence and Allege that She Sustained Injuries as a 14 week old Fetus when Mother Fell Off Defective Toilet Leighton v. City of New York, 830 N.Y.S.2d 749 (A.D. 2 Dept. 2007). Court held that since the infant plaintiff was born alive and alleges injuries resulted from an accident occurring in utero, she has stated a cause of action and can proceed to trial.
STUDENTS WITH SPECIAL NEEDS
Private Pre-School Which Refused Admission to Child on Insulin Pump Could be Liable for Discrimination Ellison v. Creative Learning Center, 893 A.2d 12 (N.J.Super.A.D. 2006). Parent who appealed dismissal of her claim on summary judgment was granted the right to proceed to trial. Court ruled that, under New Jersey law, private preschool was a “place of public accommodation.” (Cf. 2004 Non-trial decision of OCR against Massachusetts Catholic grade school that refused admission to a kindergartner who is allergic to peanuts.)
School Did Not Discriminate Against Disruptive Student with Asperger’s Disorder Autism when It Suspended Student from the Playground Pending the Gathering of More Information to Determine if other Accommodations would Render Student Less “dangerous” to others Fitzpatrick v. Town of Falmouth,879 A.2d 21 (Me. 2005). Student was not a victim of discrimination on the basis of disability when school, in response to incidents (such as kneeing student in groin) and complaints, required him to not use playground while it sought additional information pursuant to a new accommodation plan that could allow him to use playground.
DISCRIMINATION
Teacher Who Made Prima Facie Case of Age Discrimination Could Not Press Additional Claims of intentional infliction of emotional distress and Individual Claims Against Principal Nor Could Wife Sue for Loss of Consortium Acevedo v. Monsignor Donovan High School, 420 F. Supp.2d (USD, D. N.J. 2006). 55-year-old teacher claimed contract was not renewed so school could replace him with younger person. Principal testified that he wished to lower the faculty’s median age. While teacher properly established a prima facie case of discrimination, he could not sue principal as individual, but cause of action must be made against the school. Further, his wife could not claim loss of consortium; the court dismissed the emotional distress claim as well.
ATHLETICS AND EXTRA-CURRICULARS
High School Breached Duty to Exercise Reasonable Care of Student James v. Jackson, (La.App. 4 Cir.), No. 2004-CA-0912, March 2, 2005, WL 775722.* A student who weighed 327 pounds collapsed and died during a physical education class. He played basketball in a 90-degree gym without appropriate rest or water breaks. A substitute art teacher who was in charge of the class participated in the game as a player and failed to exercise reasonable supervision that might have prevented the student’s death.
Without a Showing of Causation of Injury, School Not Liable for Injury during Soccer Game Stephenson v. Commercial Travelers Mutual Insurance Company, et al., 893 So.2d 180 (La.App. 3 Cir. 2005). Opelousas Catholic High school student was a starting soccer player. She sprained her ankle during a game and “sat out” for awhile. In a subsequent game, the coach asked her if she could play, she replied in the affirmative, and was kicked in the leg by an opposing player, which resulted in multiple fractures. Student failed to demonstrate that school’s duty to keep her from playing due to previous sprained ankle was the legal cause of students’ injuries from being kicked.
Factual Issues Precluded Summary Judgment for School on Personal Injury Claims of Ceremony Guest Pendulik v. East Hampton Union Free School Dist., (N.Y.A.D. 2 Dept.), No. 2004-00854, April 4, 2005, WL 758039. Material facts needed to be determined so summary judgment was not appropriate in case in which both an awards ceremony and a physical education class were scheduled in the same room. An 80-year-old guest was injured when a student in the physical education class backed into her and knocked her over while playing ball.
TEACHER/EMPLOYEE ISSUES
Ministerial Exception to Federal Anti-Discrimination Laws within Context of Free Exercise Clause Can Bar Suits Alleging Discrimination in District of Columbia Pardue v. Center City Consortium Schools of the Archdiocese of Washington, 875 A.2d 669 (D.C. 2005). Principal alleged that she was not rehired for her position so that a black applicant, allegedly less qualified and experienced, could be hired. Court, quoting much earlier cases, NLRB v. Catholic Bishop of Chicago (1979) and Lemon v. Kurtzman (1971) declined to find for principal in the absence of overwhelming evidence of discrimination. September 1, 2005, WL 2705794.
Catholic School’s Contract Clause Stipulating Damages if Teacher Broke Contract Unenforceable Keiser v. Catholic Diocese of Shreveport, Inc., (La.App. 2 Cir.), 2004 WL 1837441.* A stipulated damages clause in the contract which required the teacher to pay a certain amount of damages if she left her position before the contract’s end could not be enforced because: (1) it did not reflect actual damages and (2) it had never been enforced against any other employee. It also violated certain aspects of Louisiana employment law.
Teacher failed to prove that teaching sixth grade placed her at increased risk for developing anxiety disorder Hassell v. Onslow Co. BOE, 641 S.E.2d 324 (N.C.App. 2007). Teacher, who believed she was unable to continue work because of stress involved in teaching sixth grade, was unable to establish definitively that stress associated with the job was the cause of her anxiety and workers; compensation claims were denied.
Catholic lay teachers/counselors’ labor organization could not prevail against Catholic archdiocese on violation of LMRA or tortuous interference with contract in ownership change Boston Archdiocese Teachers Association v. Archdiocesan Central High Schools, Inc., (U.S. Dist. Ct., D. Massachusetts), 383 F. supp. 2d, 269 (2005). Archdiocesan Central High Schools, Inc. operated eight Catholic high schools, the lay employees of which were and had been represented by an unincorporated labor organization for 38 years. ACHS gave notice that it would no longer operate high schools; each would be separately owned and operated. ACHS would not bargain with association. Association argued that new ownership was a sham. All federal claims were dismissed; tortuous interference was dismissed without prejudice. Quoting NLRB v. Catholic Bishop (1979), court maintained that the National Labor Relations Board could not intervene in religious schools.
School District Under No Obligation to Accommodate Teacher’s ADHS by Allowing Him to “Pacify” rather than Teach Students Hess v. Rochester School Dist., (D.N.H.), 2005 WL 2656714 (OCTOBER 18, 2005). Teacher claimed that he should be allowed to have students play games and/or listen to music for as much as half of the class time as an accommodation for his disability. He also left students unsupervised during much of this time. Court ruled accommodation was neither reasonable nor effective.
Guidance Counselor Terminated for Misconduct Ineligible for Unemployment Benefits In re Cody, (N.Y.A.D. 3 Dept.), No. 500706, Feb. 8, 2007, MEMORANDUM DECISION, 2007 WL 414282. Guidance counselor who failed to report student possession of illegal drugs b student, attempted to distribute an unauthorized survey on school property and who improperly revised student records and transcripts at least 36 times, did not qualify for unemployment benefits.
Hazing Law Unconstitutional as Applied to Coach State v. Zascavage, (Tex.App.—Fort Worth), No.2-0-126-CR, Jan. 18, 2007 WL 117705. Section of Education Code providing that one commits a personal hazing offense by recklessly permitting hazing to occur could not be applied to a high school wrestling coach who was present at a booster club party at a private residence. Student wrestler attendance was not required, party was not a high school event, and many parents were present.
Penalty of Revocation of School Bus Escort Certification Upheld Duncan v. Klein, (N.Y.A.D. 1 Dept.), March 22, 2007 WL 851322. Bus escort who hit student with her umbrella was penalized by revocation of certification; the penalty did not shock the conscience of the court and was upheld.
NEGLIGENCE, LIABILITY FOR INJURY
Student Stated Claim for Injuries Sustained at Carnival Sherer v. Pocatello School Dist. #25(Idaho), No. 31681, 2006 WL 3332921. Student injured while participating in a bungee run at a school sponsored carnival celebrating the end of school could bring a claim for damages under state law.
District and administrators not liable for student’s death; negligent supervision/inadequate security not found Chalen v. Glen Cove Sch. Dist., (N.Y.A.D. 2 Dept.), No. 2005-00556, 2006 WL 1174149, May 2, 2006. Thirteen year old student cleaned out her locked, did not sign out, left school building, entered a car in a secluded parking area, and ingested poison in presence of older man who lived with her and her family. School had no actual or constructive knowledge of student’s intent and owed no special duty to her in this situation nor had any special protection been requested or offered.
Parent Injured While Walking Across Icy Parking Lot Assumed Risk Morgan State University v. Walker (Md.), March 15,, 2007, WL 763689. Parent could not hold university liable for injuries she sustained when she fell on icy parking lot. She chose to walk on the lot and continued to walk on it even as she slipped and held onto cars.
Seventeen Year Old Student Injured while Performing in School Play Could Not Automatically be Held to Adult Standard and School Could Not Automatically Raise Contributory Negligence Claim or Last Clear Chance Penn Harris Madison School Corp. v. Howard, 832 N.E. 2d 1013 (Ind. App. 2005). Evidence indicated that student attempted stunt on his own and did not express concern. Trial court held him to an adult standard and held that he assumed the risk. School alleged contributory negligence because he had a “last clear chance” to avoid injury. Court ruled that case had to proceed to trial and could not be decided on summary judgment because the jury had to decide issues of fact. Incorrect jury instructions had also been given.
Parental Signing of Release Form Acknowledged Inherent Risk of Sports and Forms Could Be Presented as Evidence Stowers v. Clinton Cent. School Corp., (Ind. App.), October 26, 2006, WL 3026304. Student died after collapsing from heat problems after summer football practice. School district had right to introduce into evidence signed permission forms, which gave permission for student participation and acknowledged risks.
School Not Liable for Death of Student Killed in Accident on Way to Watch Softball Team Game Davis v. Lutheran High School, 200 S.W.3rd (Mo.App. E.D. 2006). Although school excused student absence for attendance at championship game, it did not require attendance and had no control over student’s decision to attend nor his mode of transportation. Therefore, school could not be liable for his death.
School Not Liable for Dangerous Condition of Swing Russo v. Valley Cent. School Dist., (N.Y.A.D. 2 Dept), No. 2005-0827), Oct. 17, 2006, 2006 WL 2960499. Student was injured when, during an after-school program, she fell when demonstrating how to use the spring. A chain detached from the seat and caused the fall. The school had no actual or constructive notice of danger and could not be held liable for injury.
SEARCH AND SEIZURE
Public School Officials Immune from Liability for Search that Violated the Fourth Amendment Beard v. Whitmore Lake Sch. Dist., 402 F.3d 598 (6th Circ. 2005). After a student alleged that she was missing her prom money, approximately twenty students were subjected to a search. A police officer was present during some of the searches. Male students were required to remove shirts and lower underwear; female students were required to undress to their underwear. Nothing was found. The court stated, “Although the defendants participated in this constitutionally impermissible search, they are nevertheless protected from civil liability if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818. The lower court’s denial of summary judgment for the defendants was reversed.
TRANSPORTATION
Private School Student Who Did Not Meet State Age Requirement for Admission to Kindergarten Could Not Compel District to Provide Transportation Required by State Law for StudentsManbeck v. Katonah-Lewisboro School District, 403 F. Supp.2d 281 (S.D.N.Y. 2005). Parents of above student could not take advantage of state law which required that “transportation shall be provided for all children … who live more than two miles from the school which they legally attend.” Since student was not five years old by December 1, the legal cut off date, she was not “legally enrolled.”
OTHER
High School and its Administrators Not Liable for Locker Room Videotaping Harry A. v. Duncan, 351 F.Supp.2d 1060 (D.Mont. 2005). Male students participated in videotaping of the girls’ locker room. Although they had to run and tape extension cords to do this, scheme was not discovered for over two years, even though rumors existed. Parents brought suit and court held that district and officials could not be held liable absent a showing of “deliberate indifference.”
