Statutory Protection Against Liability in Public Schools including Intentional Torts and Civil Rights Violations

II. CHAPTER 258: STATUTORY PROTECTION AGAINST LIABILITY

A. G. L. c.258, § 2 frees teachers and other public employees from liability for accidental injuries occurring “in the course of their employment.” This law also provides that the employee will be represented by a “public attorney” if a claim that is covered by the statute is brought against the employee. The court has construed “in the course of employment” to mean “in furtherance of the employer's work.” (Clickner case, 1996).

B. This immunity is conditioned upon the employee cooperating with the employer in investigating and defending claims of negligence.

C. Because this immunity only pertains to activities undertaken within the scope of your employment, it is wise (though not always necessary) to have the employer clearly and in writing authorize or direct activities that involve leaving school premises, transportation in your vehicle, giving medications, intervening in fights, and other activities that are outside the normal classroom routine. The idea as much as possible is to have the administration assume responsibility for these decisions.

D. Intentional Torts. The law does not shield you from liability for injuries that you may cause recklessly or intentionally. But it does allow your employer to indemnify you for many of those injuries and this extra indemnification sometimes is negotiated into the contract by the union.

E. Civil Rights Violations. The statute does not immunize teachers from liability for violating another individual's civil rights. Sexual harassment, for example, could be viewed as a civil rights violation. As with intentional torts, Section 9 of the statute allows the school district to agree to indemnify its employees for civil rights violations, unless a teacher is proven to have been “grossly negligent, willful or malicious” in violating another person's civil rights. (The NEA liability insurance policy provides up to $300,000 worth of defense, settlements or judgments for proceedings involving civil rights. See Q's and A's on NEA Liability Insurance. Please note that the exact limits of coverage are determined only by the terms of the policy between the MTA and the insurer.)

F. School District Liability. The school district will be liable for an employee's negligence and the employee must cooperate in defending such a lawsuit. The school district is not liable for an employee's unauthorized actions or intentional torts. However, the school district might be sued for negligently supervising an employee who engages in such activities. Doe v. Blandford, 402 Mass. 831 (1988) (school district liable for failing to properly hire, supervise and control a guidance counselor who committed indecent assault and battery upon the plaintiff, a child).

G. Note: Disciplinary Consequences. Even if a teacher is immunized for damages arising out of a particular incident, the employer may still impose discipline upon the teacher for his actions. In that case, the teacher would have the same rights as any other teacher facing discipline for job-related issues.