Jury Finds School District Properly Supervised Students

Steven I. Milligram, Senior Partner, represented a local school district concerning allegations of not properly supervising students.

Plaintiffs claimed that, as a result of the failure to properly supervise the students in the third grade and the fourth grade at an elementary school, the infant plaintiff was subjected to sexual molestation by and with two (2) other third grade students.

Plaintiffs claimed that the School District, by its teachers, failed to properly protect students, by not supervising appropriately in the bathroom, by permitting the students to enter the bathroom together, and not stopping these events from occurring.

In response, the School District offered proof that the school in general and plaintiffs' third and fourth grade teachers in particular had a policy which was employed concerning bathroom use.

Specifically, in the third grade, students were taken to the bathroom as a group twice during the school day, once in the morning after recess and a second time in the afternoon after the returned from an activity such as music or art. In addition during the classroom teaching time, one student at a time was allowed to the bathroom using the teacher's makeshift pass.

A similar policy was used in the fourth grade in terms of having the class go to the bathroom, having them line up in the hall on their return from either recess or an activity.

After a two week trial, the jury found in favor of the school district, finding it properly supervised the students in the elementary school.