Posted on Mar 10, 2014

Sadly - and tragically - It seems that more stories of sexual abuse of students at school are sufacing every week.

And in a story that was reported just last week, a California teen is charging her school was negligent for failing to prevent the sexual abuse she purportedly suffered at the hands of her teacher, who had "groomed" her for this inappropriate relatioship while she was a minor.

According to her attorney, the school could have prevented this from occurring had they only heeded numerous warning signals about this teacher, particularly complaints that were supposedly made about his repeated inappropriate seclusion with, and behavior toward, female students.

The teen's attorney further stated as follows:

“There is information, that if they had checked his background they would have found red flags that should have prevented him from even being hired in the first place,” Ring said. “She is pursuing this case because she and I believe and have information that had the school followed its own procedures and policies, this guy never would have harmed her.”

Had this claim been in New York, it seems there might be a two-fold challenge in bringing this negligent hiring and retention case:

(1) Considering the passage of time, getting around potential statute of limitations problems; and,

(2) Proving that the school district either didn't do its due diligence before hiring the teacher, or failed to dismiss this teacher once his inappropriate behavior should have been known.


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Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer