Doe v. Skaggs
2018 Ohio 5402
Oh. Ct. App. 7th Dist. Belmont2018Background
- Doe, a high-school softball player, had a sexual relationship with coach R.D.; abuses occurred off school property and were undisclosed to school staff until a bus photograph surfaced in May 2016 leading to R.D.'s immediate termination and criminal conviction.
- Appellants (John, Jane, and Joy Doe) sued the school (St. Clairsville Schools) and administrators Walter Skaggs (superintendent) and Kelly Rine (athletic director) for negligence, negligent supervision/retention, and reckless/wanton/intentional conduct, alleging failures to detect/report abuse and to implement policies.
- R.D. was named but not served; her personal liability remained unresolved and the case was remanded on that limited issue.
- Defendants moved for summary judgment asserting statutory immunity under Ohio's political-subdivision immunity scheme (R.C. Chapter 2744); plaintiffs argued exceptions (proprietary function, statutes imposing civil liability, and individual reporting-liability provisions) stripped immunity.
- The trial court granted summary judgment for defendants; the appellate court affirmed, holding no genuine factual dispute that Skaggs, Rine, or the school had actual or constructive knowledge sufficient to strip immunity and that statutory reporting/curriculum provisions did not impose liability on the political subdivision in this record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether St. Clairsville lost immunity under R.C. 2744.02(B)(2) (proprietary function) because mandatory reporting is proprietary | R.C. 2151.421 reporting is proprietary and thus school immunity is stripped | Reporting statute imposes individual liability only; political subdivisions are not liable under §2151.421(N); school met training requirements | Court: No. §2151.421(N) imposes liability on individuals, not the district; district entitled to immunity |
| Whether St. Clairsville lost immunity under R.C. 2744.02(B)(5) because a statute imposes civil liability | §2151.421 or §3319.073 imposes civil liability on the district | §2151.421 does not impose civil liability on political subdivisions; §3319.073 duties were met (training) | Court: No. No statutory civil liability on district shown; training evidence satisfied §3319.073 |
| Whether Skaggs and Rine lost individual immunity under R.C. 2744.03(A)(6)(b) (malicious/bad faith/wanton conduct) | Their failures (allowing expired coach certification, not monitoring phones/social media, weak policies) were willful/wanton/bad faith | No evidence they knew or reasonably should have known of abuse before photograph; actions do not rise to willful/wanton misconduct | Court: No. No evidence of knowledge or red flags; summary judgment for defendants proper |
| Whether Skaggs and Rine lost individual immunity under R.C. 2744.03(A)(6)(c) for failing to report under §2151.421 | §2151.421(N) creates individual civil liability for failing to report; thus defendants stripped of immunity | Defendants had no knowledge or reasonable cause to suspect abuse prior to photo; the duty to adopt policies lies with district statute §3319.073, not the reporting statute | Court: No. No basis to conclude defendants violated mandatory reporting duty before learning of allegations; immunity retained |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo review of summary judgment standard)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (summary judgment standard; view evidence most favorably to nonmoving party)
- Dresher v. Burt, 75 Ohio St.3d 280 (moving party's burden and reciprocal burden of nonmoving party on summary judgment)
- O'Toole v. Denihan, 118 Ohio St.3d 374 (interpretation of mandatory-reporting cases; clarifies duty analysis under §2151.421)
- Rankin v. Cuyahoga Cty. Dept. of Children & Family Servs., 118 Ohio St.3d 392 (definition/standard for wanton, willful, and reckless conduct)