Yesterday, a Mecklenburg Superior Court Judge dismissed that part of the case in Jane Doe vs. Charlotte-Mecklenburg Board of Education and Richard Priode that was based on negligence. The claims based on violations of the North Carolina Constitution were allowed to proceed. The judge held that North Carolina law provides that public schools are protected from claims for negligence, no matter how grievous the conduct, if they do not have insurance that would pay the claims.
The Charlotte-Mecklenburg School Board made the choice to only purchase an insurance policy that would cover all claims over $1 million dollars. The School Board retained the obligation to pay smaller claims. TheAlicein Wonderland nature of this policy is that it means that the School Board purchased an insurance policy that, under currentNorth Carolinalaw as interpreted by the North Carolina Court of Appeals, would never have to pay a claim. The Court held that this type of insurance policy still left a school board immune from negligence suits. Hence the School Board pays a premium to cover an event that can never occur.
While churches, camps, Boy Scouts, YMCAs and other institutions to which we entrust the safety and well-being of our children are legally responsible for their negligent hiring or supervision of sexual predators they may hire, the School Board is treated differently. They get a free pass and do not have to do even the most cursory background check on prospective employees. They can also turn a blind eye to reports of sexual misconduct by their employees. What parent would entrust their child to attend any public school that could not be held responsible for employing known sexual predators if they had a viable alternative? Parents should demand change and require that our schools protect children, our most precious resource.
Here is a link to a news report on yesterday’s Court hearing.
http://www.wsoctv.com/news/28812971/detail.html
