Suing a School Lawyers
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
When Can a School Be Sued?
Educational institutions are very susceptible to lawsuits, both at the federal and state level. Some of the most common lawsuits against a school are:
- Discrimination - A school can generally be sued for discriminating in its employment practices or with regard to admitted students.
- Excessive and Severe Punishment - A school can sometimes be sued for punishing a student. For most lawsuits to be successful, the punishment must be severe. Severe punishments are generally those that can, or are known to cause death, great bodily harm, dismemberment, disfigurement, or extreme pain.
- Sexual Misconduct - School are usually liable for any sexual misconduct of a teacher to a student. Title IX of the Educational Amendment Act of 1972 also can make a school liable for the sexual misconduct of a student to another student. Sexual misconduct can include sexual harassment, molestation, sexual assault, or rape.
- Failure to Supervise - Because a school has a semi-custodial relationship with its students, a school can be liable for the acts of a student. Generally, a school must act negligently in supervising a student who then commits a crime or injures another person to be liable.
- Improper Discharge of a Teacher - Teachers who have been improperly discharged on the grounds of incompetency or immoral and/or criminal conduct can sometimes sue the school that fired them. Such teachers generally have to exhaust all administrative remedies before they can sue the school.
- Improper Expulsion - If a school improperly expels a student, that student can sometimes sue the school for their damages. Again, that student must generally exhaust all administrative remedies before they can sue the school.
- Educational Malpractice - If a school fails to adequately educate a student in basic academic skills, it is sometimes possible for that student to sue the school.
Who Can be Sued?
Lawsuits against a school can typically involve a number of people or groups. Because an event may involve an individual teacher who is employed by a school, vicarious liability often comes into play. The most common defendants are:
- School boards,
- School districts,
- Individual school,
- Teachers, and/or
- Superintendent.
Do I Need an Attorney for a School Lawsuit?
If you think you can sue a school, or you are involved in a lawsuit against a school, it is highly recommended for you to contact an attorney. Only they will be able to explain the issues, protect your rights, and defend you if necessary.
Consult a Lawyer - Present Your Case Now!
Last Modified: 11-15-2010 03:44 PM PST
