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School Not Liable For Teacher's Sexual Assault On Students

October 26, 2010

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In <i>Acosta-Rodriguez v. City of New York</i>, a New York City public school teacher was accused of sexually abusing several students. The students, in turn, filed an action against the Board of Education under the theory of respondeat superior.

The 1st Department granted the Board of Education's summary judgment motion. Among other things, it found that there was no triable issue of fact as to whether the teacher's conduct was done for purely personal reasons and not in furtherance of any school business. The Court also held that the Board of Education was not on actual or constructive notice of the employee's propensity for sexual abuse of minors merely because he bought pizza for students and observed them while they played.

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Thanks to Georgia Stagias for her contribution to this post.


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