Acor v. Salt Lake City School District
247 P.3d 404
Utah2011Background
- Acor, a Salt Lake City School District teacher, was accused in 2005 of sexual misconduct with a former student, Cortez.
- Acor was indicted in 2006 and acquitted of all charges in 2007; journal and some statements were excluded at trial.
- Acor sought reimbursement of defense costs under Utah Code § 52-6-201(1) after acquittal; District denied.
- District argued Acor’s acts were outside the scope of employment or not under color of authority, based on evidence of an inappropriate relationship.
- The trial court granted summary judgment for the District; Acor appealed as an interlocutory matter.
- The Utah Supreme Court reversed, holding Acor entitled to reimbursement and remanding to determine amounts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether acquittal defeats reimbursement despite evidence of misconduct | Acor entitled by statute upon acquittal; cannot base denial on post-acquittal guilt | Evidence suggests misconduct outside employment; acquittal cannot override statute | Acquittal governs; reimbursement allowed; not rebutted by post-acquittal guilt evidence |
| What scope should govern the reimbursement inquiry | High-level view: acts during employment fall within scope | Apply Birkner-style, specific scope factors to determine employment connection | Use high-level, general scope analysis for reimbursement; not narrowed by guilt findings |
| Whether acts arose out of performance of duties or under color of authority | Conduct occurred during teacher-student interactions within school context | Even with policy prohibiting such conduct, not clearly under color of authority | Acts arose out of employment and under color of authority; supports reimbursement |
Key Cases Cited
- Birkner v. Salt Lake County, 771 P.2d 1053 (Utah 1989) (three-factor test for scope of employment in vicarious liability)
- J.H. ex rel. D.H. v. West Valley City, 840 P.2d 115 (Utah 1992) (color of authority analysis in public-employee misconduct)
- Day v. Meek, 1999 UT 28 (Utah 1999) (statutory context and interpretive methods)
- Bower v. Bd. of Educ., 694 A.2d 543 (N.J. 1997) (statutory analogue showing reimbursement mandate despite doubts)