The Appellate Division has upheld a jury’s no-cause verdict clearing a school district in a suit by a former student who claimed he was sexually abused by his teacher from 1982 to 1986.
The plaintiff argued on appeal that the finding of no liability against the school district went against the weight of the evidence at trial. The appeals court acknowledged that state law allows a school district to be held liable for sex abuse of its students. But the in loco parentis provision of the statute allowing a school to be held liable as a passive abuser doesn’t apply to a public school where a student does not reside, the panel said in Doe v. Hopewell Valley Regional School District Board of Education.
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