John R. v. Oakland Unified School Dist

In John R. v. Oakland Unified School Dist. (1989), the Supreme Court concluded a school district could not be held vicariously liable for a teacher's sexual molestation of a student. The sexual misconduct was committed while the student was at the teacher's apartment participating in an officially sanctioned extracurricular program. (Id. at p. 441.) In reaching its conclusion, the Supreme Court relied on the "underlying rationale for the respondeat superior doctrine." (Id. at p. 450.) The Supreme Court concluded: "Applying the doctrine of respondeat superior to impose, in effect, strict liability in this context would be far too likely to deter school districts from encouraging, or even authorizing, extracurricular and/or one-on-one contacts between teachers and students or to induce districts to impose such rigorous controls on activities of this nature that the educational process would be negatively affected." (Id. at p. 451.) Additionally, the Supreme Court concluded exercising respondeat superior liability under the current circumstances would tend to make insurance hard to obtain and could divert needed funds from the classroom. (Ibid.) In addition, the Supreme Court held: "The only element of the analysis that might point in favor of vicarious liability here is the propriety of spreading the risk of loss among the beneficiaries of the enterprise. School districts and the community at large benefit from the authority placed in teachers to carry out the educational mission, and it can be argued that the consequences of an abuse of that authority should be shared on an equally broad basis. But the connection between the authority conferred on teachers to carry out their instructional duties and the abuse of that authority to indulge in personal, sexual misconduct is simply too attenuated to deem a sexual assault as falling within the range of risks allocable to a teacher's employer. It is not a cost this particular enterprise should bear, and the consequences of imposing liability are unacceptable." (Id. at pp. 451-452.)