Doe-3 v. White

This case presents question as to whether trial court properly dismissed for failure to state cause of action plaintiffs’ complaint alleging that defendants-school district and administrators willfully violated Abused and Neglected Child Reporting Act by failing to inform another school district about sexual harassment of its students by one of defendants’ teachers, and that plaintiffs-students at other school district experienced same kind of sexual harassment and abuse by same teacher? Appellate Court, in reversing trial court, found that: (1) plaintiffs alleged sufficient cause of action based on defendants’ voluntary undertaking and their provision of information (that did not disclose said sexual harassment) regarding said teacher; (2) defendants displayed intentional disregard for plaintiffs’ welfare in light of foreseeable intervening criminal acts that were likely to cause plaintiffs physical harm; and (3) defendants could not look to section 2-204 of Tort Immunity Act to bar instant cause of action. In their petitions for leave to appeal, defendants argued among other things that they did not owe any duty to plaintiffs who were never enrolled in their schools.