In the case of Wilson v. McCormack, 2017-Ohio-5510, an Ohio appellate court found that the hiring, retention, and supervision of a high school basketball coach is an inherent part of public education and, as a result, a governmental function for purposes of statutory immunity from liability under the Political Subdivision Tort Liability Act – i.e., R.C. Chapter 2744.
This case involves disturbing allegations that an assistant girls’ basketball coach sexually assaulted two females while employed by a school board. The plaintiffs raised numerous claims against the school board arising from its hiring, retention, and supervision of the coach. The school board sought to have the case dismissed asserting that it was immune from liability under R.C. Chapter 2744.
R.C. Chapter 2744 provides an exception to immunity “for injury, death, or loss to person or property caused by the negligent performance of acts by their employees” when they engage in proprietary rather than governmental “functions of the political subdivisions.” R.C. 2744.02(B)(2). Proprietary and governmental functions are generally defined by statute. One such section – i.e., R.C. 2744.01(C)(2)(c) – specifies that the provision of a system of public education is a governmental rather than a proprietary function. As a result, the central issue in the case involved the question whether the provision of a high school basketball team is incidental to the provision of a system of public education and, therefore, constitutes a proprietary function or whether it is part of a system of public education such that it is a governmental function.
The Ohio appellate court determined that “the hiring, retention, and supervision of a high school basketball coach is an inherent part of” the provision of a public system of education and, as result, the school board is entitled to immunity from liability as it is a governmental function.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.