Boykin v. District of Columbia

BELSON, Associate Judge:

This case arises out of a sexual assault on a student by an employee of the District of Columbia public schools during the school day and in a school building. The primary question on appeal is whether, as a matter of law, the employee’s tortious conduct was outside the scope of his employment. We hold that it was and affirm the trial court’s grant of summary judgment in favor of the District of Columbia.

The underlying facts are essentially undisputed. Valerie Boykin was a 12-year-old student in a special program at Jackson Elementary School. Due to birth defects,…