Okay, I guess that small print thing stopped or reduced the number of state suits, but not the federal ones, right? If so, the state should be at least a bit anxious about making a change that puts the state at ever more risk, for no real benefit.
And they should consider the cost and hassle to the schools that have to keep the accused teachers under watch and monitoring and limiting exposure to vulnerable pupils so they can't be accused of indifference or reckless disregard of potential danger if one gets molested and sues.
Where do these people go to get their brains sucked out?
If a teacher, while awaiting conviction, committed another sexual crime, the school district and/or the state could be sued under several legal theories:
Negligent Retention – If the school district had reason to believe the teacher posed a danger and failed to act, it might be liable.
Failure to Protect – Courts have held that schools have a duty to protect students from known dangers.
Constitutional Violations (42 U.S.C. § 1983) – If a school official’s actions showed “deliberate indifference” to students’ safety, they could face a federal civil rights lawsuit.
Above is part of the response from ChatGPT to my question about liability and sovereign immunity pertaining to HB1491. I assume the state has a legal department and the Attorney General is aware of the bill, so maybe it's no big deal.
Great information! In recent years, several OK school districts have paid large settlements for what you described. All federal civil cases. There would be many more but our legislature added small.print to state law in 2017 that said student victims of sexual abuse must be 19 or younger to sue an institution for failure to protect.
We'll be taking names. There is another election coming up.
2026 will be a big one for OK.
Okay, I guess that small print thing stopped or reduced the number of state suits, but not the federal ones, right? If so, the state should be at least a bit anxious about making a change that puts the state at ever more risk, for no real benefit.
And they should consider the cost and hassle to the schools that have to keep the accused teachers under watch and monitoring and limiting exposure to vulnerable pupils so they can't be accused of indifference or reckless disregard of potential danger if one gets molested and sues.
Where do these people go to get their brains sucked out?
Potential Liability
If a teacher, while awaiting conviction, committed another sexual crime, the school district and/or the state could be sued under several legal theories:
Negligent Retention – If the school district had reason to believe the teacher posed a danger and failed to act, it might be liable.
Failure to Protect – Courts have held that schools have a duty to protect students from known dangers.
Constitutional Violations (42 U.S.C. § 1983) – If a school official’s actions showed “deliberate indifference” to students’ safety, they could face a federal civil rights lawsuit.
Above is part of the response from ChatGPT to my question about liability and sovereign immunity pertaining to HB1491. I assume the state has a legal department and the Attorney General is aware of the bill, so maybe it's no big deal.
Great information! In recent years, several OK school districts have paid large settlements for what you described. All federal civil cases. There would be many more but our legislature added small.print to state law in 2017 that said student victims of sexual abuse must be 19 or younger to sue an institution for failure to protect.
I’m sure Senator Hall will vote for this, and I’m also very sure that will be well documented on the campaign handouts of his next primary opponent.
With you on that. Those banking and finance legislators all seem.to roll with the governor. OK voters need to throw the stop sticks.
Wow. I forwarded to Rep. Menz and Sen. Standridge. I hope others do too.
Appreciate the forward. Squeaky citizens get the legislative grease.