1. Organizational & Personal
Legal Liability
Organizational & Personal

2. 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.)

3. 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.
Direct harm resulting from the breach.
Duty of Care
1. “willful and wanton conduct”
2. “reckless conduct”
3. “negligent conduct”

4. 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.

5. ` 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)