Thread: Jesus Henry Christ

Where does it end ? Let's just put all kids in giant bulletproof gerbil balls with a food slot.

Maryland School Bans Hugging: St. Mary's County Public Elementary Schools Ban Hugs, Birthday Party Invitations And Homemade Food

The reason they're doing that is because of fear of getting sued by parents of children who get offended easily. It's different from a case like banning biting poptarts until it looks like a mountain that looks like a gun. Both are ridiculous though.

Originally Posted by DJ Mr. White

The reason they're doing that is because of fear of getting sued by parents of children who get offended easily. It's different from a case like banning biting poptarts until it looks like a mountain that looks like a gun. Both are ridiculous though.

In class right now, Torts I:

- Respondeat Superior: Holds employers liable for torts committed by their employees acting in the scope of their employment. It means “Let the master answer” or “Look to the one higher up”.
o Still requires that the P show that the employee was liable.
o Independent contractors are not applicable to this law.
o The employer may seek indemnification from the employee.
o If an employer cannot be sued for respondeat superior, they can be sued for negligent hiring.

Some courts have ruled that schools cannot be held liable for employee wrong doings, if the school itself was not at fault. Main reason the court refused to find the school liable is because it would disrupt the educational process. School can still be held liable if they did something wrong, i.e. hiring a teacher with a criminal background.

It varies from state to state. Read the holding.

My notes for a case I read last night that relates to this:


John R. v. Oakland Unified School District (Page 663)
Supreme Court of California, En Banc
769 P.2d 948 (Cal. 1989)

Facts :
- John was a ninth grade student, his mathematics teacher asked him to work in a work-experience program, under which students received school credit and monetary payments for assisting teachers in their work.
- Required work by students at teacher’s homes was an option authorized by the district.
- John had many sessions at the teacher’s apartment and over time they developed a strong relationship.
- The teacher attempted to seduce John and threatened him with either failing grades or telling people that the plaintiff had solicited him for sex.
- On one occasion, the teacher succeeded in pressuring plaintiff into sexual acts.

Procedure:
- John, along with his parent’s alleged that the district was vicariously liable for the teacher’s acts and direct liable for its own negligence.
o Vicariously liable: states that one party should be held responsible for the actions of another party because they should have had control over them.

Court History:
- Trial Court – Relieved the school district of any liability. John appealed.
- Court of Appeals - Reversed, school is liable. The teacher’s conduct, although not within his official duties, was made possible by his use, and abuse of his official job, which the school granted him authority to do.
- Supreme Court of California reviews…

Rules:
- Respondeat Superior: meaning “let the master answer” or “look to the one higher up”, provides that if an employee commits a tort while acting within the scope of the employment, the employer will be held accountable, even though the employer’s conduct is in no way blameworthy. Only applies to direct employees, not contractors.

Issue:
- Whether the school district that employed the teacher can be held liable for the teacher’s acts under the doctrine of respondeat superior. More specifically, whether the school district can be held liable for a sexual assault committed by a teacher on a student.

Ruling:
- The judgment of the Court of Appeals is reversed, the school cannot be held liable for the teacher’s sexual assault on a student.

Holding:
- Applying the doctrine of respondeat superior here, in effect would be far too likely to deter the district from encouraging, or even authorizing, extracurricular and/or one-on-one contacts between teachers and students. Imposing such rigorous controls on activities of this nature could negatively affect the educational process. It is not a cost this particular enterprise should bear, and the consequences of imposing liability are unacceptable.

I believe only 7 states have a similar ruling right now. I am unsure if a case like that has gone to the USSC yet.

So for the OP, although it's still outrages, the policy of not hugging may have been implemented because of a previous case in that state in which the court ruled that a school district can be held liable for their employee actions under the doctrine of respondeat superior, which means they are strictly liable regardless if the school itself was negligent or had any fault.

Originally Posted by deathgodusmc

Its much more then that. Im actually getting tired of reading articles about schools banning shit, refusing to serve cupcakes because it has a little green soldier on it, sending kids home for wearing a USMC shirt, and so on.

Same. Also, maybe I'm looking way too much into these, these policies aren't always implemented as a result of threats of legal action. From what I have read, most of the time, it's simply a parent complaining about it, the school deciding they wan't to deal with the angry parent and so they just give them what they want.

Originally Posted by MaFioSo

Same. Also, maybe I'm looking way too much into these, these policies aren't always implemented as a result of threats of legal action. From what I have read, most of the time, it's simply a parent complaining about it, the school deciding they wan't to deal with the angry parent and so they just give them what they want.

I dont disagree but the answer shouldn't be caving to some pussy. A good bitch slap can go a long way.

The shit is just going over the top, what about schools that have golf teams how's the coach going to show the kid how to adjust a swing or football on a proper tackle or snap. There's any number of times where a coach or teacher may need need to be in contact with a students body to illustrate proper technique. Heaven forbid the girls volleyball team hugs each other after a point. It's a slippery slope of downward spiraling shit.

Hey if I couldn't hug the girls volleyball team after they scored a point NO ONE CAN! fyi im jokin