Two years after San Jose schoolgirls branded a teacher as a "perv" and "creeper" who inappropriately touched kids and peeked into their restroom, a civil jury Friday found the children and their parents financially liable for defamation in a case that pitted the rights of the accused against the aim of reporting perceived abuse.The jury awarded $362,653 in compensatory damages to former Catholic school physical education teacher John Fischler after finding the families spread false statements about him that damaged his reputation. The 49-year-old broke into a huge smile Friday when he heard the favorable verdict, which his lawyer characterized as "complete vindication"...
The Santa Clara County Superior Court panel also found that one of the girls -- who was 11 years old at the time -- acted with malice and is liable for punitive damages. The jury will decide how much during the second phase of the trial, which begins Monday. Judge William J. Monahan admonished jurors not to discuss the trial until it's over...
Fischler claimed several other causes of action, including negligence and intentional infliction of emotional distress. Jurors had to weigh the evidence against each of the seven defendants -- three girls and their four parents. They found the former teacher was only 10 percent responsible for the harm he endured.
They came down hardest on the "ringleader" student and the mother of the other two girls.
I'd be curious what the teacher did that merited his 10% of the fault.
A few years ago I was doing hall duty in the library. One of our young coaches came in very upset. I asked him what happened. It seems a girl in his Biology class had failed a test and asked to come in for tutoring. She showed up early and offered him sex. He threw her out of the office, but as a new teacher was fearful the girl would set him up because in this situation, the children are almost always believed over the teacher. A similar case almost lost a three time teacher of the year and key regional social studies talented and gifted mentor teacher his job, until the girl didn't show up in court. While I don't want any child to be a victim, many older kids know exactly what buttons to push to get attention. My son's now looking at teacher certification so he can teach and coach soccer. I am very concerned because frankly some of these girls will say anything to get their way.
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