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Tort & Liability

Portfolio Artifact #3

Andrea Balanzar

CSN

Edu 210

Ray Knight has been skipping school for quite a few days. From missing so much school,

he has been suspended for three days. The schools attempt at notifying the parents only
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consisted of a notice that was given to the student, who did not give it to the parents. His parents

did not know of his suspension. The schools policy is to send a call home and to mail out a

notice. On the first day of his suspension, Ray went to a friends house where he was accidently

shot.

The school is at fault for not following through with proper procedures. In Mitchell v.

Cedar Rapids Community School District Mitchell sued for the student being assaulted because

the students school didnt alert them at the time the student had left the school. (FindLaw, Iowa).

This school also did not fully comply with procedures and it resulted in a student being

assaulted. Not only was the student missing class, the students involved were part of special

educations classes. The students IEP implied that she needed to be constantly monitored.

(FindLaw, Iowa). The teacher from the missing class period should have had more precautions

and reported the absence in an effective manner. The same applies to Ray Knights case. The

school should have been stricter with applying their policy of the suspension.

Teachers supervision of the classroom and the students in it is very important. In the

case Johnson and Johnson v. School District the teacher failed to properly supervise her first

grade class playing a game, resulting in a student getting injured. (FindLaw, Nebraska). This is

similar to Knights case where the teachers and school didnt acknowledge the policy or duty as a

teacher. This also involves have the students best interest first. If Knights teachers notified the

parents when it came to each individual absence, the accidental shooting could have been

avoided.

The school should not be held liable because it did not occur on their grounds. In Brown

v. Tesack a student suffered third degree burns from setting fluid in a school dumpster on file.
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(Services). The student obtained his injuries on the schools grounds, thus the school should be

held liable. In Ray Knights case, he was not on the schools grounds when he was shot. The

school should not have to defend itself by the means that it did not happen on school property.

Another case pertaining to a case involving a shooting is Brownell v. Los Angeles

Unified School District. A student was shot outside of school grounds regarding gang activity.

(Services). The school was not found liable. Ray was also outside of school grounds, and it was

not stated whether or not the shooting was gang related or not. All that is known was that it was

accidental.

Though the shooting did not happen on school, the school Ray Knight went to should be

held liable for not properly reporting back to his parent of the suspension. The school could have

properly followed procedures and made a call home while also mailing the letter. The school

should have also notified his parents the days which he was missing from school as well.
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Work cited

FindLaw. (n.d.). FindLaw's Supreme Court of Iowa case and opinions. Retrieved April 20, 2017,

from http://caselaw.findlaw.com/ia-supreme-court/1635949.html

FindLaw. (n.d.). FindLaw's Supreme Court of Nebraska case and opinions. Retrieved April 20,

2017, from http://caselaw.findlaw.com/ne-supreme-court/1305437.html

Services, S. H. (n.d.). Chapter 11 Cases Torts. Retrieved April 20, 2017, from

http://faculty.coehd.utsa.edu/dthompson/Chapter_11_Cases.html