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Private School Not Liable for Future Actions of Dismissed Coach

Obtained summary judgment in the U.S. District Court, Eastern District of Pennsylvania on behalf of a private school that had allowed a coach to resign after he exchanged thousands of text messages with a student, some of which were alleged to be sexual in nature. A number of years later, that same coach was arrested after having a sexual relationship with a 16-year-old student athlete while he was employed at a public school. He is currently in prison. The claim against our client was for negligence, and negligence per se, for violation of the Child Protective Services Law. The employment at our school occurred prior to the January 2014 post-Sandusky changes to the law. The court found there was no common law duty and that the law, as written at the time, did not apply to a prior school that the student plaintiff had never attended.

 

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