if a girl(14y.o) and 2 boys (15&17) go into a gym at school during a break and are making out?

Question

if a girl14 and 2 boys 15 and 17 are all in a dark gym during a break during school hours and the girl 14 and the 15 y.o boy are making out and he is touching and kissing her breast while the 17 y.o watches them, can the school be held liable for sexual misconduct and negligence? there is no supervision from the staff during this break?can they be held liable?

Answer 1

Probably not, but if the student gets raped or pregnant then something can be done. Unfortunately at that point it would be too late.

Answer 2

I would guess the school could be held liable, but what exactly was the crime committed? A 14 year old was making out with a 15 year old, and both of them were consenting? What exactly is the school accountable for? Are your children under supervision 24 hours a day, every day? If they did this in a park, would you hold the city responsible? She's an adolescent, he's an adolescent, this is what adolescent's do. Maybe instead of traumatizing the poor kid by making a federal case out of it, you might consider just talking to her, making sure she has a good sex education, and is sensible about intimacy at her age. This would be much more productive than just jumping on the lawsuit bandwagon and blaming the school district for the behavior of an adolescent.

Answer 3

adding the ages and details of their intimacies does not change the answer. First, what damages are you asserting? Did the girl not give consent to the activity? Did she feel violated, or was she traumatized? If so, the case is against the student, and not against the school. A risk cost analysis would have to be done to determine any negligence by the school. What is the cost of continuously monitoring all students at all times to prevent sexual activity, versus the actual risk of serious harm? In this case, the cost of monitoring all students outweighs risk of harm caused by kissing and fondling.

Compare that to a risk cost analysis of putting in metal detectors at schools to prevent carrying firearms or knives onto campus. Here, the risk outweighs the cost, and that is why you see many schools now that have metal detectors. In certain schools where it is known to administrators that students could carry weapons, it would be negligent not to install metal detectors.

So, therefore, the school in your fact pattern should not be held liable for what is essentially adolescent sexual experimentation.

Answer 4

No, because the kids broke the school rules by sneaking off. All three of kids could be suspended, if not expelled, from school.

Instead of blaming the school, if you are the parent you need to get your child has serious issues which are only going to get worse over time if you do not address those issues, and may even unwittingly be giving them permission to continue the bad behavior by blaming it on the school not watching them all like they were pre-schoolers instead of holding them accountable for their behavior.

Answer 5

Hell Yes the schools should be held liable.Cuz for 1 you don't send your kids to school to learn sexual misconduct and there should always be staff on hand in that gym to prevent that kinda stuff 2 what if your girl went in the gym thinking it was all good and she got raped would she be scared hell ya ! schools ain't doing enough to protect our children and that's a fact look at the schools in Colorado they guy walks in takes a few girls hostage and the he rapes her and Columbine if the schools had security at the doors the whole school day that would have never happened

Answer 6

I doubt it. They're never held liable for fights or shootings.