It is well established that all schools owe a duty of care to their students. A US decision has recently said that this means teachers are the “gatekeepers” of their students.
The kindergarten class
On an ordinary school day in January 2013, a lady entered a primary school in Philadelphia where Nikki* was enrolled as a kindergarten student. The lady proceeded directly to Nikki’s classroom where she was met by the teacher. The lady asked to take Nikki out of school. In accordance with the school’s policy, the teacher asked her to produce identification and verification that Nikki had permission to leave school. She failed to do so. Despite this failure, the teacher allowed Nikki to leave the classroom with the lady. Later that day, the lady sexually assaulted Nikki off school premises, causing her significant physical and emotional injuries.
*Not her real name
The ‘state created danger’ claim
Nikki’s parents sued the teacher and two government bodies, which are similar to our state Departments of Education. In Australia, the parents would have brought an action for breach of the school’s duty of care. But the parents alleged that Nikki’s constitutional rights had been violated and brought a ‘state created danger’ claim. This is a US cause of action which allowed the parents to argue that by releasing their daughter to an unidentified adult, the teacher, as a state actor, created the danger that resulted in her physical and emotional harm. The teacher argued that he was entitled to ‘qualified immunity.’ This is a US defence that protects public officials (like public school teachers) from liability in certain circumstances.
"A US decision has recently said that ... teachers are the “gatekeepers” of their students." |
A teacher’s failure to act as a “gatekeeper”
The US Court upheld the parents’ claim on four grounds:
What does this mean for Australian schools?
You may be thinking, ‘what kind of teacher would do that?’. That is exactly what you should be thinking! We all have common sense, which the Court said was severely lacking in this case. But the case serves as a reminder to schools to:
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