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Administrator liability for negligent employment practices: Issues for campus recreation
Abstract
The purpose for doing this research was to study the law regarding negligent hiring, retention, supervision, and entrustment, and to apply the principles found to campus recreation programs. The elements of an action for negligent hiring and retention are essentially the same; each requires the establishment of an employment relationship. Negligent supervision and entrustment are separate torts and do not require an employment relationship. All four causes of action require that the plaintiff plead and prove a duty, breach of that duty, proximate cause of the breach resulting in injury, and actual injury, elements common to all negligence actions. Courts have established minimum standards expected of employers which assist them in avoiding liability for negligent hiring and retention. Employers must generally obtain an application form, conduct an interview, and check references at the minimum. If a position entails frequent contact with the public, access to customers' homes, working with minors or the infirm, or use of a dangerous instrumentality (vehicle, weapon, etc.), an employer is expected to do more than the minimum required. Criminal background check, previous employment verification, education background check, and other duties may be deemed essential. For campus recreation administrators, this research has many implications. First, because many students are hired, each candidate should complete an application and be interviewed (telephone or personal). Those working with children or handling money should have their backgrounds checked more thoroughly. Although not common practice, professional applicants should be required to complete an application form as well. A waiver or release should be part of every application form. The waiver should permit background investigation while also providing liability protection for both the employer and the reference. Administrators should recognize employment-process warning signs. Warning signs include gaps in employment history, and incomplete application information. Administrators should also recognize their potential personal liability for their employment-related decisions.
Subject Area
School administration|Recreation
Recommended Citation
Scheele, Kenda Kay, "Administrator liability for negligent employment practices: Issues for campus recreation" (1997). ETD collection for University of Nebraska-Lincoln. AAI9734641.
https://digitalcommons.unl.edu/dissertations/AAI9734641