OT: legal obligations

[Kareem Shehata]

Standard disclaimer for this topic: I am not a lawyer, this is not legal
advice, anything written below is to be taken only at face value, blah, blah
blah...

> -----Original Message-----
> From: owner-tlug-lxSQFCZeNF4 at public.gmane.org [mailto:owner-tlug-lxSQFCZeNF4 at public.gmane.org] On Behalf Of Evan
> Leibovitch
> Sent: Wednesday 16 January 2008 15:33
> To: tlug-lxSQFCZeNF4 at public.gmane.org
> Subject: Re: [TLUG]: OT: legal obligations
> 
> The timing of this is interesting, considering that a precedent was set
> recently on this issue. A school principal and VP were recently charged
> for being aware of a sexual assault of a student in their school and not
> reporting it.
> 
> http://www.thestar.com/article/291584
> 
> This is the first time, apparently, that criminal charges have been laid
> for failing to report.


Yes, but school officials have a duty to the public, and in particular their
students.  A "duty of care" is the underpinning of negligence.  IIRC (and
IANAL) negligence requires:

1) A duty of care
2) Some "reasonable standard"
3) Proof that the individual in question acted in a way that a "reasonable
practitioner" in the same role would have.

In other words, the courts will weigh the role in society against the acts.
An engineer is expected to do certain technical things that a teacher
wouldn't, but a teacher is responsible for other things etc.

-kms


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