Organizational & Personal Legal Liability Organizational & Personal

Three Standpoints of Legal Liability The common law remedies for people injured by wrongs, an area known as tort law. Civil rights liability for violation of a constitutional or statutory right, usually in the form of discrimination. Liability imposed as the result of Federal Law. (Most prevalent in sex discrimination in education programs funded in part or in whole by federal funds.)

Law of Personal Liability The risk of liability can attach only when all three of the following are present: Legally recognized definable duty of care to the suing party. Breach of that duty. 3. Direct harm resulting from the breach. Duty of Care 1. “willful and wanton conduct” 2. “reckless conduct” 3. “negligent conduct”

Special Relationship A Promise Reliance False sense of security Possibility of safety Don’t worry Operation of law The De Shaney rule: In the absence of a special relationship, no public employee owes a duty to protect any particular member of the public from harm. No governmental body, including a school district or police department can ensure the safety of everyone.

` Self Protection Paramount No educator ever has to physically expose him or herself to the likelihood of personal harm. No law enforcement officer can be expected to accept the risk of a known imminent threat to life. Nor can any supervisor order an officer to take such a risk. Written Policies Deliberate Indifference Foreseeability Illegal Search Documentation - Bullying, Harassment, etc. (3 things)