Legal Question in Legal Ethics in California
To what extent are teacher's responsible for the property they confiscate?
A teacher confiscated a student's skateboard and lost
track of it the same day. When the student came to the
teacher at at the end of the school day to claim the
skateboard, the teacher refused to accept responsibility
for the lost item. The principal backs up the teacher.
What are the student's rights in this situation? To what
extent is a teacher responsible for property which he
has confiscated from a student?
1 Answer from Attorneys
Re: To what extent are teacher's responsible for the property they confiscate?
That's an interesting situation. My first instinct is to tell you that the teacher has a duty to care for the skateboard and is responsible if it is stolen. However, if there are school rules against having a skateboard in class (or wherever it was taken from) then the student may have assumed the risk that it would be confiscated and further assumed the risk that it would be misplaced or stolen while being held.
Perhaps there is a similar case on the books. Perhaps another attorney will be able to shed more light on this situation. If nothing else, the student could file a small claims action against the teacher and the school for the value of the item. Then you'll get the judge's opinion as to the extent the teacher is responsible.
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