|Aug. 15, 2018 | www.fisherphillips.com|
It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets off the phone, a car with an Uber sticker on the window pulls up to your school’s pick-up area, and Cynthia enters the stranger’s car to be taken home. While the story may end with Cynthia arriving home safely, what if it does not? What responsibility, if any, might your school bear?
Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player drops to one knee – similar to the recent actions by multiple professional sports figures – leaving district or university administrators scrambling to determine the appropriate response.
Recently, in a high-profile decision involving Columbia University, the National Labor Relations Board (NLRB) determined that private college and university graduate and undergraduate student assistants – that is, students who perform work, at the direction of the university, for which they are compensated – can be “statutory employees” under the National Labor Relations Act (NLRA). This includes student assistants engaged in research funded by external grants as well as students receiving stipends.
Most states, including Florida, have updated their child abuse reporting requirements to include child-on-child sexual abuse, often referred to as juvenile abuse. Typically these provisions are fairly comprehensive and include any sexual behavior by a child toward another child which occurs without consent, without equality (lacking the same level of power in the relationship), or as a result of coercion.