The California Supreme Court ruled that a school district can be found liable for the acts of its supervisors if the supervisors negligently hired, supervised or retained a school guidance counselor who is alleged to have abused a student.

The case, C.A. v. William S. Hart Union High School, involved specific California statutes related to the liability of public entities. But the overall point is the same: Employers who knew or should have known of an individual’s criminal history or history of violence that poses a threat of injury to others can be liable for the negligent hiring, supervision or retention of that individual.

The lawsuit was filed by a minor who alleged that he was sexually abused by a female school guidance counselor on multiple occasions. The minor alleged that the school district knew that the counselor had engaged in unlawful sexually-related conduct in the past. This accusation was based on personnel and school records that showed prior incidents of inappropriate sexual conduct by the counselor toward minors, both on and off the premises of the school district.

The court did not address the school district’s liability for the counselor’s misconduct, which was outside the scope of her employment. Instead, the court emphasized that it was the alleged acts of the school administrators in negligently hiring and supervising the counselor that created potential liability for the district.

If you are faced with the tragic situation of an employee committing a violent act against another employee or a business customer, be prepared for public scrutiny. You will face questions as to whether your company knew of any prior similar misconduct or criminal history. And you will face questions as to whether your company took all reasonable steps to identify past misconduct or dangerous behavior. 

Author: Gail Cecchettini Whaley

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