PLAINTIFFS' TRIAL BRIEF/JURY INSTRUCTIONS
filed with the SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
Jan. 22nd 2003
HIGH, Plaintiffs, vs.
PASCO SCHOOL DISTRICT, Defendants.
TRIAL ISSUES # 3
Was the District negligent in
its investigation of the assault on Jared High, and its decision to punish
the victim of that assault equally with the perpetrator? (See
(From: PLAINTIFFS' PROPOSED JURY INSTRUCTION NO. 4)
...in that the school's investigation of the
incident was negligently performed, Jared High should not have been punished
and his record should have been cleared and corrected when it became apparent
that Andrew S. assaulted Jared High.
Pasco School District denies these contentions, contends
that the altercation between Jared High and Andrew S. was a mutually engaged
fight and denies that it was negligent.
Plaintiffs contend that Andrew S. intentionally assaulted
Jared High. Andrew S. denies that contention.
Where the aggressive nature of a child is known to school
authorities, proper supervision requires the taking of reasonable specific,
appropriate procedures for the protection of other children from the potential
for harm caused by such child's behavior.
A statute provides that within each school the school
principal shall determine that appropriate student discipline is established
and enforced. A Pasco School District administrative rule requires
school staff to enforce the rules of student conduct fairly and consistently,
and to maintain good order in the classroom, in the hallways and on the
playgrounds. A Pasco School District administrative rule requires
that discipline be:
a. Consistent from day to day
and student to student
A statute provides that a principal shall consider imposing
long-term suspension or expulsion as a sanction when deciding the appropriate
disciplinary action for a student who, after July 27, 1997, engages in
two or more of the following acts within a three-year period:
b. Balanced against the severity of
c. Appropriate to the student's nature
and prior behavior.
d. Fair to the student, parent(s) and
a. Disrupts normal classroom
A McLoughlin Middle School administrative rule states:
b. Abuses or insults a teacher anywhere
on the school premises while such teacher is carrying out his or her official
c. Willfully disobeys a teacher.
d. Uses abusive or foul language directed
at a school district employee or another students.
e. Violates school rules.
f. Interferes with an orderly education
Repeated violation of different school rules.
Generally, several assignments to in-school suspension will result in an
out-of-school suspension and several suspensions will result in a recommendation
to the superintendent for expulsion. If an incident involves more
than one violation, the accumulated discipline may be combined.
A Pasco School District administrative rules student's records
to contain such information as will enable school district personnel to
counsel with students and plan appropriate activities and dated and signed
reports pertaining to specific problems associated with the student.
That rule also requires that, when a student transfer to another school
in the district, such information and reports shall be transmitted to the
Short term out of school suspension
Long term out of school suspension
Long term out of school suspension/
recommend to Superintendent for expulsion.
The violation, if any, of a statute or administrative
rule is not necessarily negligence, but may be considered by you as evidence
in determining negligence.
J.N. v. Bellingham School District No. 501, 74
Wash.App. 49, 56-58, 871 P.2d 1106 (1994). [and cases cited therein]
Swartley v. Seattle School District No. 1 70 Wash.2d
17, 22-23, 421 P.2d 1009 (1966).
Restatement (Second) of Torts, 867 320 (1965)
Administrator's Discipline Handbook, effective September,
1995, pp.3, 5,.
PSD Policies and Procedures, #3300 and #3300P; #3310,
#3600 (1/82), #3600P (5/88)
RCW 28A.600.020 (5); RCW 28A.600.460 (1); RCW 28A635.010
RESPECTFULLY SUBMITTED this 22nd day of January, 2003.
By: Jay E. Leipham, WSBA # 4961
(Attorney for Brenda High)