Assignment #3 1

Assignment #3

Jordan A. Robateau

College of Southern Nevada

Assignment #3 2

Once a child leaves school property, are they still responsible for the safety of that student? In

this scenario, a middle school boy named Ray Knight was suspended due to unexcused absences.

The school failed to follow proper procedure in suspension which is notifying the parents by

phone and writing instead they sent a notice by the student in which he threw away. On Ray’s

first day of suspension he was accidentally shot while going to visit a friend.

One case that supports the parents in pursuing liability charges against school officials is

Rollins vs Concordia Parish School Board (1982). In this case a young girl was injured due to

negligence on the playground. The girl was on the merry-go-round that was being spun

extremely fast by two other students when the teacher, Linda Green, turned around to assist

another situation and in that time the girl fell off the merry-go-round that resulted in a leg break.

This relates to Ray’s case because the school neglected to follow proper suspension procedure in

other words, not notifying the parents which resulted in them not knowing about the suspension

allowing Ray to wander off and ended up shot.

Another cases that supports the parents is Munn vs. Hotchkiss School (2015). In this

case, a young girl named, Cara Munn, went on a school trip where she was bitten by a tick that

transmitted encephalitis which resulted in neurological damage which lead to Cara to no longer

be able to speak. The parent’s felt that it was the schools responsible to inform the parents that

there was the possibility of disease transmittal by insect and that had they known they could have

prevented it by taking proper precautions such as bug spray or proper clothing. This case is

extremely similar due to one thing, lack of providing important information. If Ray’s school had

done the proper procedure and notified his parents of the suspension he would not have been out

wandering and therefore would have not gotten shot.

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One case that supports the school and allowing them to not be at fault is Hoyem vs.

Manhattan Beach School District (1977). In this case, a young boy named Micheal Hoyem left

school before dismissal and ended up getting struck and seriously injured by a motorcyclist while

standing at an intersection. His mother felt that it his safety was still in the hands of the school

when in actuality, once he was officially off school property the school was longer responsible

for his well being and safety. In Ray’s case, it was his responsibility to notify his parents of his

suspension with the note they had given him which he failed to do. It was no longer the school’s

responsibility to because they had left it up to him to inform his parents.

Another case that supports the school is Barnett vs Caldwell (2008). In this case, a

teacher left her classroom unsupervised to use the restroom and two students were horseplaying

that resulted in the death of one named, Antonie Williams. The teacher, Phyllis Caldwell was

sued by his parents for wrongful death.Unfortunately she was let off with full immunity due to

what she did being a discretionary act meaning it was done based on personal judgement and

deliberation. In Ray’s case, what the school did could be seen as a discretionary act because in

their best judgement they felt Ray would be able to inform his parents of his suspension.

This case in a way is a very tricky one. The parents definitely have defensible grounds to

pursue liability charges against school officials. I feel that it could possibly go both ways

however the parents have a slightly higher chance especially since their case is very similar to

Munn vs Hotchkiss. The parents have the upper hand since the school failed to follow district

procedure when it came to suspension and I feel that right there could possibly automatically win

the case. I also feel it depends on the court and jury.

References

Ford, K. C. (2018, January 30). Georgia Teacher Not Liable For Student's Injury.
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FindLaw's Supreme Court of Georgia case and opinions. (n.d.).

FAILURE TO SUPERVISE SCHOOL PLAYGROUND MERRY-GO-ROUND

ROLLINS v. CONCORDIA PARISH SCHOOL BOARD 465 So.2d 213 (La. App. 3 Cir.

1985) Court of Appeal of Louisiana, Third Circuit March 6, 1985. (n.d.).

A School's Duty of Care to its Students: Munn v. Hotchkiss School - Goldberg &

Zipursky. (2015, August 31)