Negligent Supervision and Hiring of Los Angeles School Staff

By Taylor & Ring | June 29, 2017

There are far too many allegations and incidents of sexual abuse at the hands of employees within the Los Angeles Unified School District (LAUSD). This school system has an extensive legal duty to protect students and provide them with the highest level of care. A large aspect of that responsibility involves adequate hiring and supervisory practices. These duties are extremely important. Not only do school employees impact the quality of education provided by the school, they are also trusted to protect students from hurt and injury. When they break that trust, the consequences can be tragic.

School officials must act in the best interest of the child

In making hiring decisions, school officials are obligated to act in the best interest of their students. This means that all hiring determinations should be made with consideration toward the education and safety of all students.

When hiring school staff members, officials must ensure that candidates have the necessary education, credentials, and qualifications to provide services to the students. Yet, performance ability is only one aspect of adequate hiring practices. Extensive background checks are also necessary to investigate such issues as:

  • Criminal history. While a criminal history may not immediately bar employment within a school system, certain crimes should completely eliminate a candidate from consideration within a school system, including convictions of child abuse and certain drug-related crimes.
  • Sexual offender status. Officials should check to ensure that candidates are not registered sex offenders. Certain sex offenses also automatically bar candidates from employment, as directed by the California Commission for Teacher Credentialing.

The duty of care extends to supervision of school teachers and employees

There is much debate about what constitutes proper supervision of teachers and staff members within a school setting. Teachers are often allowed to work independently, with little to no direct supervision over their classrooms or interactions with students. Yet, failure to provide any on-the-job oversight can leave a school district open to liability should an incident of sexual abuse arise.

When allegations of sexual abuse do surface, the school has a duty to take actions that prevent further abuse. By doing nothing, the LAUSD school system not only breaches the duty of care it has to the complaining student, but is also places other students at risk of injury and abuse.

The LAUSD has a responsibility to each and every child and family within the school system. Improper hiring practices and inadequate supervision place children at significant risk for sexual abuse. If your family is facing this tragic circumstance, the experienced Los Angeles sexual abuse lawyers of Taylor & Ring have the skill to provide you with comprehensive representation. Call our office today at 310-776-6390 or complete our contact form.

Posted in Sexual Abuse