Virginia Court of Appeals Revives Gross Negligence Claim in School Assault Case

Strategic Insights -

A special education student alleged to have been assaulted by a peer with a documented history of sexual misconduct has won the right to pursue a gross negligence claim against two school employees. The Court of Appeals of Virginia reversed the Bedford County Circuit Court's decision to dismiss the claim, finding that the allegations, if proven, would sufficiently give rise to a duty on the part of the teacher to protect the vulnerable student. The court also rejected an argument from one of the teachers that the lower court had erred in finding a special relationship existed between them and the alleged victim.

Key Takeaways:

  • The Court of Appeals of Virginia reversed the Bedford County Circuit Court's decision to dismiss the gross negligence claim against two school employees in the case of Egan v. Ream (VLW 025-7-231).
  • The plaintiffs alleged that the teacher and a substitute aide had demonstrated gross negligence and willful and wanton conduct in failing to protect the special education student from alleged abuse at the hands of a fellow special needs student with a documented history of sexual assault.
  • The court found that the plaintiffs' amended complaint sufficiently asserted facts to support their claim of gross negligence, citing the teacher's knowledge of the special needs student's vulnerabilities and the alleged perpetrator's risk of sexual re-offense.
  • The court also rejected an argument from one of the teachers that the lower court had erred in finding a special relationship existed between them and the alleged victim.
  • The case was remanded for further proceedings, and the willful and wanton conduct claim was dismissed.
  • Nicholas Simopoulos, an education law attorney, said the facts in Egan sufficiently demonstrate gross negligence by the educators and the existence of a special relationship.
  • The decision highlights the importance of vigilance in protecting students with special needs and underscores the significance of educators taking appropriate action based on knowledge of potential risks.

Statistics:

  • The complaint alleges that the alleged perpetrator had a 2017 criminal charge of sexual misconduct in the school division.
  • The alleged victim has Down syndrome and very limited verbal communication.
  • The alleged perpetrator had been reported to have dangerously impulsive behavior and a moderate risk for committing sexual re-offense.
  • The incident occurred in March 2020, and the plaintiffs sued in March 2022.

Sources:

  • Egan v. Ream (VLW 025-7-231)
  • Patterson v. City of Danville
  • Commonwealth v. Peterson