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No duty to anticipate teacher-student sex

May 2022 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

After a high school teacher engaged in sex with a minor student on campus, the victim sued the principal and superintendent for negligent hiring and supervision. Read on to learn why the student’s lawsuit failed.

Facts

When Jane Doe was 17 years old and a student in the Anderson Union High School District, she engaged in sexual activity with Daniel Schafer, a teacher at her school, over a period of about three months. He had been a teacher in the district since 2012. In September 2018, the district learned about the sexual relationship from the mother of Doe’s best friend. The revelation was a surprise to the district, which immediately investigated, obtained Schafer’s resignation, and notified Doe’s parents and law enforcement.

Schaefer’s relationship with Doe began with handholding and texting in his classroom. She began visiting the room in the evening. Through the summer, they engaged in additional sexual activities in the classroom and at Schafer’s home. He pleaded guilty to crimes associated with the sexual relationship.

The district maintained outside security cameras at the high school, including a unit that recorded video of the doors to Schafer’s classroom. Footage from the cameras was saved for only 14 days before automatic erasure. The district’s policy was to review the footage only if it learned of an incident that may have been caught on video.

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