Employer liability for negligent hiring, retention, and referral of certified public school employees involved in sexual misconduct with students

This study examined employer liability for the separate torts of negligent hiring, negligent retention, and negligent referral of certified public school employees who commit acts of sexual misconduct with their students. More specifically, this study focused on the legal and disciplinary actions taken by the North Carolina Department of Public Instruction and the North Carolina State School Board against professional employees who sexually violated their students. To determine the evolution of liability torts in public school employment practices, this research employed the methodologies of historical review and case law analysis.; The historical data indicates that sexual misconduct by professional school employees has increased dramatically in the past 20 years. Public school districts increasingly must defend hiring, retention, and referral practices when current or former employees sexually injure their students. While litigation increased on a national level, North Carolina's public schools experienced limited action in this legal arena. However, disciplinary action for sexual misconduct by North Carolina's public school teachers rose significantly during this same time period.; Based on the findings of this study, 16 recommendations are offered to reduce litigation and to prevent negligent hiring practices from causing student trauma. Three further research topics are suggested to expand the knowledge of professional misconduct and to produce positive implications for public schools as educators attempt to provide safe environments for children.