A judge has found a school board in Ontario "vicariously liable" for the historical sexual abuse of a student at the hands of her teacher, in a decision that could set precedent for many other civil cases that blame school administrations for the abusive actions of teachers or other staff.
In his June 30 ruling, Justice David Salmers found the co-defendants, the former teacher and the Trillium Lakelands District School Board in Lindsay, Ont., were liable for sexual abuse that took place in the 1980s, ordering them to jointly pay more than $500,000 in damages.
"I believe it's a landmark decision because it establishes clearly that a school board in a public school setting, or a school in a private school setting, has to pay damages for sexual misconduct and violence against a student by one of its teachers," said Elizabeth Grace, a partner at Lerners, who represented the woman who was sexually abused.
The former teacher, Royce Galon Williamson, was found liable for the torts of assault, battery, sexual assault and sexual battery. Both Williamson and the board were found in breach of their fiduciary duties. The former teacher was ordered to pay an additional $100,000 plus interest in punitive damages.
Williamson has not been charged criminally nor found guilty of the alleged historical sexual assaults. While he was found liable in this civil action, the burden of proof is higher in a criminal case.
"The School Board is vicariously liable for Mr. Williamson's sexual misconduct. In these circumstances, apart from punitive damages, both Mr. Williamson and the School Board are jointly and severally liable for any injuries to the plaintiff," wrote Salmers in his 43-page decision. (more...)
No comments:
Post a Comment