Legal Question in Legal Ethics in California

is a california state university

responsbile for the actions of their employees?

an assistant dean of the academic programs pursued an on going sexual relationship with a student, a marriaged chinese immigrant. who is also his secretary . this dean is also a married man.

did the dean breach his fiduciary duty to do university? did he breach his professional ethics?

his actions resulted in the diminishment of a material relationship between spouses.

His negligence and breach of professoial duty resulted in the alienation of affection between spouses.

His enticement of my spouse resulted in the encouragement of my spouse to leave the family home

And he is the direct causation of my pending divorce.

his affirmative conduct is a negligent infliction of emotional distress

I'm not question about 1 man stealing another man's wife. I am looking at the position trust he was placed in. the breach of professional and fiduciary duties. can the dean and university be held liable ? are they legal remedies against the university and the assistant dean


Asked on 1/17/12, 3:25 am

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You asked this one already. No lawsuits for "alienation of affection." All you get is a no-fault divorce.

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Answered on 1/17/12, 3:29 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Stone. You are simply trying to evade the fact that you want to sue for alienation of affection, which is not recognized in California.

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Answered on 1/17/12, 8:02 am

...and the university is certainly not going to liable.

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Answered on 1/17/12, 8:48 am

The dean most certainly has fiduciary and ethical duties . . . to his employer, not you, and the university has NO duty to police the personal conduct of its employees for their spouse's benefit. You have the right to a divorce. That is it. NO OTHER REMEDIES ARE AVAILABLE TO YOU FOR THIS. STOP ASKING.

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Answered on 1/17/12, 12:19 pm


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