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Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel

Jason P. Nance

Virtually all courts recognize that a child abuse reporting statute creates a duty to children, the breach of which is the basis of a civil suit for damages. Normally, courts recognize a duty only to the minor child about whom school officials have received the abuse reports. In 2004, the Supreme Court of Ohio extended this duty to third party student victims. Thus, causes of action may now be brought against school districts when a school employee abuses one student, school officials fail to report the abuse, and the same employee abuses a different student. Public school students who are …