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School Not Liable for Teacher's Affair with Student

Court determines the school did not have enough evidence to intervene.

Key Point 10-05.2 Some courts have found churches not liable on the basis of negligent selection for the sexual misconduct of a minister or other church worker involving another adult since the church exercised reasonable care in the selection of the worker.

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 Mississippi court ruled that a school was not liable for the molestation of a minor student by a teacher since it had insufficient evidence of the teacher's wrongful conduct to intervene. A teacher at a public middle school (the "defendant") developed a mentoring relationship with an adolescent girl (the "victim"), which was approved of and encouraged by her mother who was divorced and appreciated ...

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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:
  • March 3, 2008

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