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Legal Updates for New Jersey Public Entity & Civil Rights

School Districts Can Be Vicariously Liable When Students Are Sexually Abused by Their Employees

Legal Updates for New Jersey Public Entity & Civil Rights – March 2026

March 16, 2026

by Matthew J. Behr

In a precedential, consolidated opinion decided on March 11, 2026, the New Jersey Supreme Court held in Hornor v. Upper Freehold Regional Board of Education and Simpkins v. South Orange-Maplewood School District that the Child Victims Act “fundamentally altered” claims against school districts under the New Jersey Tort Claims Act. In making this finding, the Supreme Court held that school districts are not barred from vicarious liability for claims for sexual abuse that occurred outside the scope of employment.

The Supreme Court reversed the Appellate Division’s finding that school districts were immune from liability pursuant to the Tort Claims Act, even after the 2019 amendment to the Child Victims Act. The majority’s opinion held that the legislature eliminated the immunities previously afforded to school districts, and sexual misconduct claims that occur even outside the scope of employment are no longer immunized by the Tort Claims Act.

The Court further set forth a standard for lower courts to utilize when determining if a school district is vicariously liable for the sexual misconduct of its employees. The judges should consider whether the school implemented and enforced policies to prevent the sexual abuse of students, the circumstances of the abuse, whether the abuse took place on school property or at school-related events, whether it took place during school hours, and whether it was reported to school officials. The Court specifically stated that a school district could be liable (tacitly approved the abuse) if a teacher abused a student inside of the classroom for weeks and other school officials should have been aware of the abuse. All of these factors will most likely prevent a motion to dismiss from being filed at the beginning of cases, and the determination of vicarious liability will be fact-sensitive.

Please do not hesitate to contact me with any questions regarding these cases and others pertaining to alleged sexual abuse of students by teachers. 

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