Appeals Court Rules New Jersey School Districts Not Vicariously Liable in Sexual Abuse Cases
In a significant legal ruling, a New Jersey appellate court has decided that two school districts—South Orange-Maplewood and Upper Freehold Regional—cannot be held vicariously liable for the alleged sexual abuse committed by teachers. This decision follows lawsuits filed by former students alleging misuse of power and abusive conduct by educators.
The appellate court’s ruling, announced on October 8, examined cases involving multiple allegations of sexual misconduct. Notably, former Columbia High School language arts teacher Nicole Dufault pleaded guilty in 2020 to charges of aggravated criminal sexual contact with male students. Another case from the Upper Freehold Regional district involves sexual assault claims against a deceased teacher from 1979.
While the court found the school districts not liable for the actions of these teachers, it acknowledged that they could still face legal repercussions for negligent supervision. John Baldante, the attorney representing victims from the South Orange-Maplewood case, stated, “The question is whether or not there’s vicarious liability,” underscoring the distinction made in the ruling.
No comments from school officials were obtained, as they cited pending litigation. However, attorneys for the plaintiffs indicated plans to appeal the vicarious liability ruling to the New Jersey Supreme Court. This legal maneuver comes in the wake of a 2019 law aimed at giving sexual assault victims expanded rights to pursue civil lawsuits against their abusers and their employers.
The appellate review included four lawsuits, all filed in 2021, with three involving claims against Dufault, whose abuse reportedly occurred between 2013 and 2014. The court’s decision on vicarious liability may have broader implications for similar future cases across New Jersey schools.
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