Date: Sat, 7 Oct 2006 12:00:41 -0400
Reply-To: vance <vance**At_Symbol_Here**VCU.EDU>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: vance <vance**At_Symbol_Here**VCU.EDU>
Subject: Re: Respirators on High School Kids
Comments: cc: Gordon Miller
In-Reply-To: <p06110403c14ac964edc1**At_Symbol_Here**[]>

There's been a fair amt of concern abt lawyers and liability.  I 
practice law - part time now, formerly full time in Va Atty Gen'ls Office.
In Virginia, as I suspect in most states, sovereign immunity shields 
public school teachers from common law tort liability.  In the 30 years 
I've had a license to practice law, I've never heard of a successful 
suit against a public school teacher for a purely teaching related 
activity.  Racial or other discrimination, sexual misconduct, etc.,   
claims yes - tort liability - no.
But the law varies some from state to state.  This would be a good issue 
for the CHAL [law] section to give a symposium on at an ACS national mtg.

R. Leonard Vance, JD, Ph.D., PE, CIH
Associate Professor
Department of Epidemiology & Community Health
Virginia Commonwealth University/MCV Campus
1008 East Clay Street, "Grant House", Room 324
Box 980212
Richmond, VA  23298-0212

Gordon Miller wrote:

> Say what?????!!
> Respirators don't belong on underage kids. Change the experimental 
> design. I'm sure any number of attorneys will be happy to instruct the 
> school about this in a court of law, preferably with the help of a 
> jury to boost their take.
> What I wrote earlier about respirators applies to college students 
> and, maybe, faculty.

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