DCHAS-L Discussion List Archive
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**[128.115.81.233]>
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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