Ruling Opens High School, Charters Statewide to Punitive Damages
The California Supreme Court has rejected Palisades Charter High School’s request to review a court decision that weakened the legal position of the school’s sexual harassment case and the legal protections of independent charter schools, their employees and their board members statewide. The California Charter Schools Association lawyer Greg Moser said the decision could be ‘devastating,’ jeopardizing the financial health of independent charters and their ability to attract and retain employees and volunteers. Independent charter schools, like PaliHi, are financially and operationally independent of school districts. The four other public schools in Pacific Palisades are not financially independent of LAUSD and are unaffected by the case. The sexual harassment case at PaliHi will now head to trial, unless the school agrees to settle out of court. The date for the trial has not yet been set. In June 2004, Dr. Thomas Knapp, the father of a 13-year-old prospective PaliHi student, filed a lawsuit against the school, charging longtime history teacher Ron Cummings with sexual harassment. Among other complaints, Knapp alleged that Cummings commented on his daughter’s breasts, humiliated her religious background and unnecessarily used sexual innuendo during the girl’s one-time visit to his AP European history class. The case was dismissed twice on technical grounds, based on the California Government Tort Claims Act (TCA). But the Second Appellate District Court reversed its previous decision after a Knapp appeal. The Supreme Court’s unwillingness to review the case means that the appellate court’s ruling stands, leaving the high school unprotected by the TCA. That law gives extensive legal protections to public entities and their employees. For example, it imposes a six-month deadline from the date an alleged act occurred for filing a claim with a public entity. Public entities have historically included the state, counties, municipalities, school districts and, until recently, independent charters like PaliHi. For non-public entities, like individuals or private corporations, the statute of limitations can be as long as two years. Projecting potentially serious consequences for state independent charters, the CCSA will pursue a legislative solution, says Moser, who petitioned the Supreme Court to review the case. He argues that because independent charter schools must take on many of the conventional burdens of local government agencies, they should be given the same legal protections. But because of the PaliHi decision, school employees and board members could now be legally liable for actions within the scope of their job. Board members who vote to expel a student or fire a teacher might now be sued for exercising their own judgment, Moser says. He fears that teachers could face a similar loss of workplace protection. As a result of the decision, the school will have to operate in a different legal environment in which it is no longer entitled to the protections of the TCA. One immediate result of the Supreme Court decision is that Knapp’s attorney, Ed Carney, will now seek additional damages from the school that were not permitted when the school was protected by the TCA. He said his client will seek punitive damages from the school and a claim for negligent supervision of Cummings. Knapp said that his daughter’s experience at the school excluded the possibility of sending her to the high-performing school. He demands the school pay for the cost of four years of private high school, which he estimates at no less than $125,000. ‘You have to believe that the school knew about this teacher’s behavior for years,’ said Carney, who hopes the lawsuit will force the school to change how it handles complaints about teachers. ‘This appeal has gone on so long, you tend to forget the underlying case. But we’re glad we’re finally going to get to take this case to a jury.’ PaliHi officials could not be reached for comment. The school is currently on spring break. Ron Cummings, who has worked at the school for more than 17 years, teaches history on a part-time basis. School officials would not say whether his part-time status was the result of Knapp’s allegations. The California Commission on Teacher Credentialing did not remove his teaching credential, but it did issue a ‘public reproval,’ following Knapp’s complaints. After a school investigation in May 2005, then-principal Linda Hosford admonished the teacher for fostering an inappropriate classroom discussion and using sexual language in an ‘attempt to gain favor with your class.’ Hosford also dismissed Knapp complaints. PaliHi’s legal expenditures on this case are not known. But Cummings’ fees have been paid for by United Teachers Los Angeles, the union representing almost all Pali teachers. Despite Knapp’s complaints against the teacher, many current and past students have praised the teacher for his ‘colorful lectures’ and ‘animated style.’ —————- Reporting by Staff Writer Max Taves. To contact, e-mail reporter@palipost.com or call (310) 454-1321 ext. 28.
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