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Doe v. Cedar Rapids Community School District9/5/2002
Minors appeal from a district court order granting summary judgment in favor of their school district in the minors' action for negligent hiring, retention, and supervision of a teacher who allegedly engaged in improper conduct with students. REVERSED AND REMANDED.
Three female students sued the Cedar Rapids Community School District alleging improper sexual conduct by a teacher with the students. The suit was based on Gary Lindsey's alleged improper conduct with the three girls at Van Buren Middle School in 1995 where Lindsey was their music teacher. The action was premised on theories of respondeat superior and negligent hiring, retention, and supervision of Lindsey. The district court granted summary judgment finding the School was protected from liability under the discretionary function immunity.
Because we find the discretionary function immunity does not apply to the acts of a school district in hiring, retaining, and supervising an individual employee, we reverse and remand.
I. Background and Facts
Gary Lindsey has a long history of allegations of misconduct related to his employment as a teacher for two school districts. We begin in 1964 while Lindsey was employed by the Oelwein Community School District. One of the fifth grade girls said Lindsey improperly touched her. Lindsey explained his conduct saying, "I guess it was a lust for the flesh." Admitting the allegations against him, Lindsey resigned from his position during the middle of the school year.
In 1972, while Lindsey was employed by the Cedar Rapids Community School District, several students made accusations of improper conduct against him. Lindsey was involved in an altercation with one of his students. He slammed the boy up against a locker and grabbed his throat. Another student lodged a complaint in 1986 concerning disciplinary measures taken by Lindsey against the student. There are no documents available regarding this particular allegation. In 1988, Lindsey admitted telling a male student he "would not live to age seventeen as driving too fast, drugs, or sex would get him before that." The School required Lindsey to apologize.
After these incidents of misconduct, the School adopted policies and regulations to apply to Lindsey's conduct. It implemented a policy entitled "Student Welfare" that states, in part, "The District will make every effort to protect, improve, and maintain the physical, emotional, and social well-being of students." The School also adopted a policy regarding the evaluation of its teachers. This policy provided, "The purpose of this process should be to identify and strengthen positive areas of employee performance, as well as to identify and correct deficiencies in employee performance."
In 1990 the School again reprimanded Lindsey after a fifth grade female student claimed Lindsey made inappropriate comments to her about her clothes. The student told her mother she was "going to wear her tight pants today, because Mr. Lindsey said he really liked them on me." Lindsey exchanged notes with the student in which he discussed parts of her body and called her "Sweet Pea." He engaged in physical contact including back rubs with her and had lunch sessions with her in his classroom. Lindsey did not dispute any of the girl's allegations. The School responded to this situation by issuing Lindsey a letter of reprimand. The School warned Lindsey that if another situation of this sort occurred, serious disciplinary action would be taken, including possible termination.
The final allegations of misconduct are the ones before us on appeal. Minor Roe was nine years old in 1995 and in the third grade at Van Buren Elementar
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