In the case of Doe v. Skaggs, 2018-Ohio-5402, an Ohio appellate court held that mandatory child abuse reporting statutes do not strip school boards or school employees of statutory immunity when the school employees had no knowledge of the child abuse prior to the parents’ discovery of the abuse.
In this case, a student developed a sexual relationship with the student’s softball coach. While a photo of the student and coach was ultimately sent to the superintendent and parents, no school employees knew of or had reason to suspect the abuse until the picture was sent to the superintendent. Upon receipt of the photo, the superintendent immediately fired the coach and the coach ultimately faced criminal charges. In spite of the immediate action of the superintendent, the parents sued the school board and school employees under the theory that the school board and its employees were negligent in supervising the coach and, as a result, failed to report child abuse.
The school board and employees claimed political subdivision immunity as a defense to the claims. While Ohio law provides several exceptions to political subdivision immunity, this case focused on the fifth exception which states that immunity may be lost “when a section of the Revised Code expressly imposes civil liability on the subdivision.” R.C. 2744.02(B)(5). The parents countered by citing R.C. 2151.421(N), which imposes civil liability on mandatory reporting of child abuse and neglect when there is a failure to report suspected child abuse.
The Ohio appellate court disagreed with the parents and found that R.C. 2151.421(N) only imposes civil liability on individuals and not on political subdivisions such as school boards. The Ohio appellate court also found that R.C. 2151.421(N) only imposes civil liability upon individuals who actually knew of or suspected the child abuse. Here, no school employees knew of or had reason to suspect the abuse until the picture was sent to the superintendent. As a result, the school board and school employees maintained immunity.
McGown & Markling has previously filed an amicus brief on behalf of the Ohio School Boards Association regarding R.C. 2151.421 and political subdivision immunity to the Ohio Supreme Court, which is blogged here.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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.