Can a school employee be sued for emotional distress for innappropriate letters to student?

Question

School secretary sent sexually suggestive letters to student implying of a lesbian relationship. Student was confused and won't admit to anything other than "friendship" but has since been admitted to psych unit of hospital. Student moved out of parents home. School has dismissed the secretary, but did nothing to protect the student from this happening even after being notified by parents that there was a problem. School resource officer is a board of education member, so it looks like this incident has been swept under the rug to avoid embarrassment to the school district. Parent of student is also a board member.. Secretary is threatening to sue school district because of being let go. Parents have suffered severe emotional distress relating to this incident and relations with student are non-existent as of now. I feel like the school did nothing to protect my child from this and when they were told what was happening, they did no investigating of any kind.

Answer 1

Sounds like the secretary may have committed criminal impropriety if the student is under the age 18 (16 in some states). This should be handled by law enforcement. As for suing an employee of a civil service employer, usually the answer is NO.

Based on what you said, you could try and sue the School board.

State laws vary so the information you provided wasn't clear enough. I would consult an attorney in your state on this issue.

If the child is over 18, no crime would be committed.

Answer 2

Your main concern should be with your daughter.
What is her psychological problem that she should be admitted to a psych unit?
Is it the parents reaction to these events that is her problem? Does she know her welfare is your main priority?
Does she know you will support her no matter what is the truth of her involvement in the events?
Ignore the attitudes of other parents resign from the school board and let your daughter know that even if your attitudes in the past have contributed to her distress you care for her.
If she is in some self-destructive spiral, set firm boundaries so you do not get drawn in.

Now...
Suing: The way to make others pay for something that has happened to you.
Even worse if the situation was aggravated by the inaction of School authorities.
If you want to get money or get an official reprimanded or sacked you can try.
BUT consider
The emotional and spiritual toll of protracted time spent with lawyers.
The conflict of interest with your daughter's well-being by highlighting the events for years to come.
Doesn't seem smart

Look after your girl at a time when her life has fallen apart.
Did things happen over the years that led to such a breakdown in your relationship with her.
Investigate and take responsibility with your partner.
If this isn't working both of you take advice from a family psychologist on how to support your daughter.

Answer 3

Intentional Infliction of Emotional Distress exists when Defendant, by extreme and outrageous conduct,
intentionally or recklessly causes the victim severe mental distress.

So first you would have to prove that the nurse's conduct was extreme and outrageous. You would have to show that the letter is beyond all possible bounds of decency.

Then you would have to show that the nurse acted with the intent to injure the student, or acted recklessly.

You would also have to show that the emotional injury was severe. (substantial and long-lasting).

Based on the limited information you provided, my guess is there are other ways to get justice, but you'd have trouble proving I.I.E.D.

I'm not a lawyer, but I read alot about the law. This is not legal advice. See a lawyer, and give him or her all the info. Don't rely on anonymous posters. Good luck.

Answer 4

Absolutely yes. One may bring suit against any other person in civil court. I suggest finding a good civil trial lawyer skilled in these matters. Bringing suit against the school board and naming this individual is likely what will happen as she was in the employ of the school at the time the events took place.