An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators

72 Pages Posted: 26 Apr 2015

See all articles by Brett G. Scharffs

Brett G. Scharffs

Brigham Young University - J. Reuben Clark Law School

John W. Welch

Brigham Young University - J. Reuben Clark Law School

Date Written: 2005

Abstract

The law, it seems, is of increasing concern to teachers and educators. A generation ago, teachers, administrators, schools, school districts, and universities seldom worried about being held legally liable for their actions or failures to act. This is no longer the case. In recent years, educators and educational institutions have been found legally liable for a variety of types of misconduct, in a wide range of contexts, and under several legal theories, including criminal law, tort law, sexual harassment statutes, contract law, "educational malpractice," and recently under the vague and uncertain equitable concept of fiduciary duty.

Keywords: schools, school districts, fiduciary duties, educators, teachers, universities, fiduciary duty

Suggested Citation

Scharffs, Brett G. and Welch, John W., An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators (2005). Available at SSRN: https://ssrn.com/abstract=2598765 or http://dx.doi.org/10.2139/ssrn.2598765

Brett G. Scharffs (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

John W. Welch

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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