Recently the California Supreme Court decided in C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861.
In this Case the court held that a school district under Section 815.2 of the Government Code could be held liable for negligent hiring and/or supervision which resulted in the plaintiff being sexually harassed and abused by a counselor. Factually, the case involved a high school counselor who harassed and abused a student. The student sued, and the superior court and Court of Appeal held that the school district could not be held vicariously liable for the counselor’s misconduct, which was outside the scope of her employment, and also could not be held liable under a negligent hiring or supervision claim. The Supreme Court unanimously reversed, permitting the plaintiff to move forward with his claim that the district can be held vicariously liable for the negligence of supervisory or administrative personnel who allegedly knew, or should have known, of the counselor’s propensities and nevertheless hired, retained and inadequately supervised her. The court reasoned that because school personnel owe students under their supervision a protective duty of ordinary care, if a supervisory or administrative employee of the district is proven to have breached that duty by negligently exposing the plaintiff to a foreseeable danger of molestation by his guidance counselor, liability may be imposed.
The Government Code does not protect school districts when they negligently hire a employee who harasses and abuses a child.
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