C.A. v. William S. Hart Union High School, et al. 

C.A., a minor, sued his public high school guidance counselor and the school district for damages arising out of sexual harassment and abuse by the counselor. At issue was whether the district court could be found vicariously liable for the acts of its employees - not for the acts of the counselor, which were outside the scope of her employment, but for the negligence of supervisory or administrative personnel who allegedly knew, or should have known, of the counselor's propensities and nevertheless hired, retained, and inadequately supervised her. The court concluded that plaintiff's theory of vicarious liability for negligent hiring, retention, and supervision was a legally viable one. Ample case authority established that school personnel owed students under their supervision a protective duty of ordinary care, for breach of which the school district could be held vicariously liable. If a supervisory or administrative employee of the district was proven to have breached that duty by negligently exposing plaintiff to a foreseeable danger of molestation by his guidance counselor, resulting in his injuries, and assuming no immunity provision applied, liability fell on the school district. Accordingly, the court reversed the judgment. View "C.A. v. William S. Hart Union High School, et al. " on Justia Law