Running Head: NEGLIGENCE AND DEFAMATION IN THE SCHOOL SETTING PORTFOLIO

ASSIGNMENT 3 1

Negligence and Defamation in the School Setting

Portfolio Assignment 3

Cameron Wilson

College of Southern Nevada

Running Head: NEGLIGENCE AND DEFAMATION IN THE SCHOOL SETTING PORTFOLIO
ASSIGNMENT 3 2

A middle school student was suspended for three days because of his unexcused

absences. The school district procedures require that the parents be notified via phone and

written letter sent through the mail, but instead the school only sent a notice home by way of the

student who later trashed it. Since the parents didn’t know, the student went to visit one of his

friends on the first day of the suspension. During his visit, he was accidentally shot.

From the parent’s point of view, the school should have done more to notify them of their

child’s suspension. If it’s standard procedure to call and send home a letter, why wasn’t

procedure followed? In the case of Johnson Johnson v. School District of Millard, a young boy

was injured while playing a game in music class. Although the teacher had warned the students

of the safety precautions, the teacher left students unattended to play the game. The young boy

received 50 stitches on his right eye. Both another student and the boy who was hurt testified that

the teacher was not paying attention at the time of the accident. Because of this negligence, the

court awarded the young boy over $20,000 for medical expenses, pain and suffering, etc.

Another case, Brahatcek v. Millard School District, a school district was sued by the

mother of a student who was injured after being hit with a golf club in P.E. class. The principal of

the school said that there had been written rules for the golf lessons, but it’s obvious that the

instructors weren’t following them. Neither instructor witnessed the student get hit by the gold

club. The Supreme Court of Nebraska found that the school district had been negligent in the

moments proceeded the student’s injury. The awarded the mother $53,570 in damages. Her son

died a couple of days after the accident.

From the school district’s point of view, it could be argued that since he wasn’t on school

property, it is not their responsibility for the injuries sustained by the student while at his friend’s

house. In the case of Hoyem v. Manhattan Beach City School District, the court found that the
Running Head: NEGLIGENCE AND DEFAMATION IN THE SCHOOL SETTING PORTFOLIO
ASSIGNMENT 3 3

school district was not responsible for a student who was hit by a motorcycle during school

hours. The student was hit after leaving school property, but there is no direct correlation

between negligence on behalf of the school district and the injuries sustained. If you willfully

sneak out of school and get hurt, there is no one else to blame but yourself.

The case of Wagenblast v. Odessa School District, the Seattle school district required

students and parents to sign release forms in order to participate in school activities like

basketball and cheer. When the parents read the release forms, they noticed that the forms tried to

separate the school district from any liability from “any negligence that may arise in connection

with the wrestling program.” The parents sued, but the case was thrown out. In this instance, you

are warned about the possible risks, meaning you assume the risk before you make it.

I think the courts would side with the parents of the boy who was shot. At the end of the

day, the school should have followed procedure. That way, the parents would have been aware of

the child’s suspension, and they could have taken the steps to make sure that he was accounted

for on the day of the shooting accident. The school district was negligent for not properly making

the suspension known to the students parental guardians, therefore they are at fault.
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ASSIGNMENT 3 4

References

1. FindLaw's Supreme Court of Nebraska case and opinions. (n.d.). Retrieved September 24,

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

2. Brahatcek v. Millard School District. (n.d.). Retrieved September 24, 2017, from

https://casetext.com/case/brahatcek-v-millard-school-district
3. HOYEM v. MANHATTAN BEACH CITY SCHOOL DISTRICT. (n.d.). Retrieved

September 24, 2017, from http://caselaw.findlaw.com/ca-supreme-court/1833770.html

4. Wagenblast v. Odessa School Dist. (n.d.). Retrieved September 24, 2017, from

http://law.justia.com/cases/washington/supreme-court/1988/53627-9-1.html