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IN THIS CHILD VICTIMS ACT CASE, THE ALLEGED FREQUENCY OF THE ABUSE BY A TEACHER RAISED QUESTIONS OF FACT ABOUT THE SCHOOL DISTRICT’S CONSTRUCTIVE NOTICE OF THE ABUSE AND WHETHER ITS SUPERVISION OF PLAINTIFF STUDENT WAS NEGLIGENT (SECOND DEPT).

The Second Department, reversing Supreme Court, determined this Child Victims Act action alleging the negligent hiring, retention and supervision of a teacher, as well as negligent supervision of plaintiff student, should not have been dismissed. The defendant school district did not eliminate questions of fact about whether it had constructive notice of the abuse based upon the alleged frequency of the abuse:

… [T]he defendants failed to establish, prima facie, that they lacked constructive notice of the teacher’s alleged abusive propensities and conduct … . Considering, among other things, the frequency of the alleged abuse, which occurred over the course of two school years, inter alia, in a classroom and inside the teacher’s vehicle, the defendants did not eliminate triable issues of fact as to whether they should have known of the alleged abuse … . The defendants also failed to demonstrate, prima facie, that their supervision of both the teacher and the plaintiff was not negligent … . Trunco v Eastport- S. Manor Cent. Sch. Dist., 2025 NY Slip Op 02951, Second Dept 5-14-25

Practice Point: In a Child Victims Act action against a teacher, allegations of the frequency and the locations of the abuse of a student may be sufficient to raise questions of fact about whether the school district had constructive notice of the abuse and whether the supervision of the student was negligent.

 

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