Richard v. Washburn Public Schools

Summary

The North Dakota Supreme Court reviewed the dismissal of Leah Richard’s claims against Washburn Public Schools arising from alleged sexual harassment and inappropriate physical conduct by a supervisor. The court affirmed dismissal of the negligent hiring and assault-and-battery claims, but held that the Workforce Safety and Insurance Act and North Dakota Human Rights Act did not bar the negligent supervision and retention claims. The court reversed dismissal of those claims and remanded for further proceedings.

Holdings

1. The Workforce Safety and Insurance Act did not bar Richard's negligent supervision and negligent retention claims because the record did not establish that she suffered a compensable injury under the Act. Her claims sought recovery primarily for nonphysical mental or psychological injuries arising from alleged sexual harassment, and the District failed to prove the applicability of the exclusive-remedy defense.
2. The North Dakota Human Rights Act did not preclude Richard's negligent supervision and negligent retention claims.
3. Summary judgment was improper on Richard's negligent supervision and negligent retention claims because genuine issues of material fact existed concerning the District's knowledge of Fuchs's conduct, foreseeability, and the adequacy of its response.

Questions Presented

1. Whether Richard's negligent supervision and negligent retention claims were barred by the exclusive-remedy provisions of the Workforce Safety and Insurance Act.
2. Whether the North Dakota Human Rights Act precluded Richard's common-law negligent supervision and retention claims.
3. Whether genuine issues of material fact existed regarding foreseeability, the District's knowledge of Fuchs's misconduct, and the adequacy of the District's response.
4. Whether the district court's dismissal of the negligent hiring and assault and battery claims should be reviewed when Richard did not challenge those dismissals on appeal.

Disposition

reversed_and_remanded