if a girl and 2 boys go into a gym in the dark and 1 boy and the girl make out, while the other boy watches them during a break at school, is the school liable for sexual misconduct, or negligence??
2007-03-28 07:09:58 · 26 answers · asked by frankly I think it is wrong 1 in Politics & Government ➔ Law & Ethics
No. The kids are breaking the rules, not the school.
2007-03-28 07:13:24 · answer #1 · answered by I know, I know!!!! 6 · 2⤊ 0⤋
They could be held partially liable at the very least. Students are supposed to be supervised when they are in school at all times. Think of it this way ... what if instead of making out, the kids started a fire or beat up another student? They definitely know right from wrong and the fact that they snuck away to do it shows that, but the law holds that juveniles (not sure what age these kids are) are not responsible for their actions ... at least that's how it is in certain states if not all. So yes, the school could be held liable. Liable for what I don't know. You would have to prove damages.
2007-03-28 07:16:49 · answer #2 · answered by Emily Dew 7 · 0⤊ 1⤋
no. I think that is a bit of a stretch.
First, I don't see any sexual misconduct. Secondly, schools have never been held liable for the conduct of its students, unless the student is an employee of the school, and the misconduct was done during the scope of employment, and such misconduct was foreseeable to school administrators.
2007-03-28 07:17:51 · answer #3 · answered by Jack Chedeville 6 · 1⤊ 1⤋
I work for a school - the answer is no.
We cant control when kids ditch or sneak off. Its YOUR responsibility to keep yourself safe and not put yourself in stupid situations like you did.
I work in a middle school. Last week some girl and two boys were near the bike rack. One of thje boys held the girls arms down while the other boy sat on her legs. They both proceeded to touch her breasts and other private areas. She was screaming and kicking.
The boys were expelled for attempted rape. She thought they were her friends and she almost got herself into a LOT of trouble.
I suggest not putting yourself in dangerous situations anymore, something very bad could happen.
2007-03-29 04:14:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Anything that happens at school makes the school liable. If you fall and trip and break your nose the school is liable so anything that happens during school hours makes the school responsible sometimes the school is liable an hour or hour and a half before and after so watch out.
2007-03-28 07:14:31 · answer #5 · answered by Enanis 2 · 1⤊ 2⤋
Im in high school. If school were held liable for this, it would probaley come down to us not having any schools. This is a common thing, especially if both of them consented to it.
2007-03-28 08:20:50 · answer #6 · answered by Fiducia 3 · 1⤊ 0⤋
Liable for what? is making out against the law? how is kissing sexual misconduct, kissing is not having sex.
2007-03-28 07:19:14 · answer #7 · answered by Sir Hard & Thick 3 · 1⤊ 0⤋
thats stupid...we have starving children on the streets & pregnant teens running aroung bcuz parents are never home...the u.s. needs to figure out its priorities...& if they dont do it at school where there is a little supervision, they will find somewhere else that they will end up doing a lot more than make out. seriously...is the girl going 2 get pregnanted from making out?? i think not.
2007-03-28 07:23:17 · answer #8 · answered by party_girl10 2 · 1⤊ 0⤋
Yes... the school is liable for any conduct on school property while school is in effect... if teh break is during a school day then, yes, but if the break you meant is a break from reporting to school (closed school), then no they are not liable.
2007-03-28 07:13:55 · answer #9 · answered by spdrmnky 2 · 0⤊ 2⤋
Unfortunately in today's society I thinkthe school would be held liable for negligence because they are responsible for those two individuals while they are on school grounds
2007-03-28 07:13:11 · answer #10 · answered by GreatWhiteHype1 1 · 0⤊ 1⤋