Do the families of HS boys who are victimized by female teacher get to sue the school?

[pookiyama]

Maybe, for the dry cleaning bill.

 

[ReAnimator Reagan]

No. They just get hi fives from their dad.

"every time I am in the kitchen you are in the kitchen eating all the . . . wait, you bagged your teacher??? go ahead and dump out that bowl of cereal because we ain't got no milk" - dad

 

[Law Talkin’ Guy]

A lot depends on how the teacher was acting though, an affair carried on outside of school hours for example would be considered a personal action on their part.

On school grounds or with the person acting in that effect, makes sense. I guess the employer "should have known".

But usually don't these sort of things begin as flirtations on school grounds and then continue "offline" so to speak? I dunno, obviously I'm not a lawyer but it just seems like an absurd amount of onus is placed on employers to thought-police their employees or scrutinize every detail of their behaviour at all times...

It's difficult defence to make out for schools in particular compared to other businesses.

The legal test (in Canada anyway -- I'm a canadian lawyer) for vicarious liability for a school in the instance of sexual abuse of a student by a teacher is:

Did the employer (school) empower the the employee(teacher) in such a way that it materially increased the risk of the sexual assault? A court needs to investigate to determine if the employee's duties gave rise to special opportunities for wrongdoing. Special attention needs to be paid to the existence of a power or dependency relationship, which on its own often creates a considerable risk of wrongdoing.

*my paraphrasing of the Supreme Court of Canada*

 

[j123]

"Victimize" eh?

Only if they were ugly

How w00d the kid even smash if he didn't feel aroused.