Washington Hebrew Congregation claims parents waived right to sue over sex abuse

[fooferdoggie]

The Washington Hebrew Congregation, which is being sued by parents over alleged sexual abuse in the synagogue’s preschool, says parents relinquished their ability to file a lawsuit when they signed waivers while enrolling their children, according to court documents.

In 2019, a group of parents filed a lawsuit against the reform synagogue in upper Northwest D.C., claiming administrators at Edlavitch-Tyser Early Childhood Center were negligent and ignored warning signs that a teacher was sexually abusing toddlers.

Recently, lawyers for the synagogue filed a motion for summary judgment, requesting the judge in D.C. Superior Court to make a ruling before a trial.
In documents supporting that request, lawyers for Washington Hebrew said parents gave up the right to sue when they signed enrollment waivers: “They agreed not to make any claim against WHC or sue WHC for any personal injury they or their minor may sustain as a result of participating in WHC programs when the injury resulted from negligent acts or omissions.”

Washington Hebrew Congregation claims parents waived right to sue over sex abuse - WTOP News

The Washington Hebrew Congregation, which is being sued by parents over alleged sexual abuse in the synagogue’s preschool, says parents relinquished their ability to file a lawsuit when they signed waivers while enrolling their children.

wtop.com

 

[rdrr]

With the recent rulings and painting in the corner the Conservative Justices have done to promote Religious freedom over Individual Rights. I wonder how the GOP will spin this to claim they are "protecting the children."

 

[ronntaylor]

WHC will probably get the summary judgment. They shouldn't on moral grounds, but the GOP has stacked the courts with right-wing ideologues that don't care about the people.

It's a shame that admins and staff of the preschool won't face charges. To have them get off would compound the tragedy.

 

[Alli]

With the recent rulings and painting in the corner the Conservative Justices have done to promote Religious freedom over Individual Rights. I wonder how the GOP will spin this to claim they are "protecting the children."

They are only promoting Catholic religious freedom.

As with churches, there is never a need to sign such a waiver, and it should be a red flag if asked to sign one.

 

[ronntaylor]

As with churches, there is never a need to sign such a waiver, and it should be a red flag if asked to sign one.

I don't most even know that that language is in the contract. Same with ToS and job contracts. If you're keen on sending your kid to a day school attached to a synagogue that's been around 185+ years, this doesn't even enter your mind. Which makes it more frustrating and enraging.

 

[Roller]

Well, they’ll have a few more sins to atone for on Yom Kippur.

 

[AG_PhamD]

I imagine they are trying to use some vague umbrella liability waiver as a legal defense. They claim they can only be sued for extreme or intentional conduct and they are not responsible since they did not intend for it to happen.

I would say sexual abuse counts as extreme AND intentional abuse on the part of an employee. It sounds like they were also breaking the law not having two staff members in the room at a time.

I can’t imagine this defense will hold up on court and I hope it doesn’t. Its not like sexual abuse is a likely anticipated risk when going to school. It definitely won’t hold up if there is evidence the school missed obvious warning signs which usually exist.

It’s pretty despicable on its face but not really a surprising legal tactic.

 

[fooferdoggie]

It’s pretty despicable on its face but not really a surprising legal tactic.

exactly but it is throwing yourself under the bus. making you look horrible to save your ass. its not going to work.

 

[AG_PhamD]

exactly but it is throwing yourself under the bus. making you look horrible to save your ass. its not going to work.

Agreed.

On the plus side it’s good too see the problem is actually being addressed legally rather than being swept under the rug never to see the light of day as many other institutions, particularly religions ones, so commonly do.