John R. v. Oakland Unified School District

Opinion

ARGUELLES, J.*

John R., then a 14-year-old junior high school student, allegedly was sexually molested by his mathematics teacher while he was at the teacher’s apartment participating in an officially sanctioned, extracurricular program. The principal question before us is whether the school district that employed the teacher can be held vicariously liable for the teacher’s acts under the doctrine of respondeat superior. We hold that the doctrine is not applicable in these circumstances and that while the school district may be liable if its own direct negligence is established, it…