Scott M. Kuboff, Esq. is an Ohio School Injury Attorney with the law firm of Ibold & O'Brien who helps his clients receive fair and just compensation for injuries sustained from the recklessness and abuse at the hands of school boards, school administrators, teachers, and school employees.
Under both, State of Ohio and Federal law, school boards, school administrators, teachers, and school employees receive broad immunity in civil claims. What this means is that in most instances, they cannot be sued for harm your child endures in a school setting. There are, of course, exceptions including, but not limited to:
§ 1983 CLAIMS - A student must show that a school administrator, teacher or school employee deprived the student of a Federal right while acting under the “color of state law” or, in other words, while they were acting within the performance of their duties. Similarly, to hold the school board liable, a student must show that an official policy or custom, lead to, caused, or resulted in the deprivation of a constitutionally protected right.
Equal Protection - To state a claim under the Equal Protection Clause, a student must allege that a school board, school administrator, teacher, or school employee intentionally discriminated against the student, or were deliberately indifferent to discrimination by other students, because of membership in a protected class. Suspect classes are groups of individuals who have been historically the subjects of discrimination: race, religion, alienage, and country of origin. Gender is typically considered a quasi-suspect class. To date, sexual orientation is still not considered a suspect or quasi-suspect class under Federal or State of Ohio law; although many local governments are passing laws protecting LGBTQ individuals.
Title VI Claim - Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000(d), states that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The rights established by this statute are privately enforceable by a student enrolled in a public school district that receives federal funds. The standard for proving a discrimination claim under Title VI is at least as stringent as that for proving an Equal Protection claim.
Title IX Claim - Title IX of the Education Amendments of 1972, 20 U.S.C. §1681, provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Title IX provides a private right of action to enforce its prohibition on intentional sex discrimination, encompassing intentional discrimination in the form of a school’s deliberate indifference to sexual harassment of a student by another student.
HAZING – Hazing is a criminal act which the Revise Code defines as “doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm. . . .” For the student harmed, R.C. § 2307.44 imposes civil liability on school boards, school administrators, teachers, or school employees who knew or should have known of hazing but did not make reasonable attempts to prevent it.
DO NOT ALLOW SCHOOL ABUSE TO CONTINUE. CONTACT SCOTT M. KUBOFF, ESQ. AN OHIO SCHOOL INJURY ATTORNEY TO RECEIVE FAIR AND JUST COMPENSATION FOR YOUR INJURIES.
Scott's representation of school injury victims is on a contingency basis, meaning you will pay NO ATTORNEYS FEES unless he recovers for you.
If you have been injured or abused in a school setting, contact Scott, an Ohio School Injury Attorney, for a no cost, no obligation consultation and case evaluation.