Rose-Gaelle Labranche
St. Thomas University
Video Response: Lawsuit- School Negligence
The situation that occurred in Hope Academy Charter School in Grand Rapids may leave the school liable regarding the rape of the 14-year-old student. This student suffers from emotional, mental and behavioral disorders; that is typically why she was enrolled in this school, as school personnel are trained to deal with such disorders. Although the student was acting up resulting to a suspension for the day, she should not have been released from the school campus without parental escort as stated in her records. Furthermore, this student had issues with the law in the past however they never took her seriously because she portrayed weakness in her mental capacity. …show more content…
Consequently, this resulted in her being abducted and getting raped because she left campus on her own. Because this is a special school for distinct students, the standard care for this school as a whole is far greater than the care at a regular school setting. In the Mirand case involving the two sisters from New York, Essex (2012) states that “schools have a duty to adequately supervise students and are held responsible for injuries related to insufficient supervision. Reasonable and prudent actions by the school would likely have prevented harm to the assault victims” (p. 168). Comparable to this case, the school has a high standard care to protect the student with distinctive disorders, there was a breach of duty as the school allowed the student to leave campus without parental companion, the failure to fulfill this duty led to the abduction and then rape of this young girl and great injury occurred as the student had to be