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Schools' Liability for Teachers' Sexual Misconduct

What responsibility does an employer have for an employee's acts?

New York
State:
Categories:
Key point: A church will not necessarily be responsible for every incident of sexual molestation that occurs on church premises, even behind locked doors. The church must be shown to have been negligent.

• A New York state court ruled that a public school district was not legally responsible for a teacher's acts of sexual misconduct. The superintendent of a public school system received a telephone call from a person identifying herself as a former student. She alleged that a male teacher (whom she identified) had engaged in inappropriate sexual contact with two female high school students. The superintendent immediately met with the teacher who denied the accusations. A short time later one of the alleged victims informed her father who called the police. This led to the teacher's arrest and conviction for the crime of endangering the welfare of a child. He was sentenced to prison. ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • November 1, 1994

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