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Sexual Misconduct by Clergy and Church Workers - Part 5

A federal court in Kansas ruled that a school was not liable for a teacher’s sexual molestation of a child.

Key point 10-07. A church may exercise reasonable care in selecting ministers or other church workers but still be responsible for their misconduct if it "retained" them after receiving information indicating that they posed a risk of harm to others.

* A federal court in Kansas ruled that a school was not liable for a teacher's sexual molestation of a child because it was aware of nothing in the teacher's past suggesting that the teacher might engage in such behavior. A 12-year-old boy ("Josh") was sexually molested by a female aide ("Andrea") to a public school teacher. Andrea's 11-year-old son became acquainted with Josh, and on many occasions over the course of the summer Josh spent the night at Andrea's home to be with her son. Andrea engaged in sexual contact with Josh on a number of occasions, but none of these incidents occurred on school property or during school hours. Andrea ...

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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:
  • May 1, 2003

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