Student Cell Phones – Potential Liability Issues/Solutions

[Denise]

Hi,

One of our member’s high schools has a cell phone policy that requires students to put their cell phones in a caddy at the start of class. The caddies often hang on a door or the wall. The phones are typically in plain sight for the student to always visually see.

Are they liable if:
– Caddy falls from the wall and a phone is damaged? ie: cracked screen, chip, etc
– If someone takes the wrong phone and doesn’t return it. Student reports their phone as stolen

What risk management actions are others taking regarding this situation? E.g., district release forms for students to sign, signage to place by the phone caddy area, etc.

• This topic was modified 1 month ago by Denise.

[Craig]

This situation would be governed by the laws governing bailment. This would be a bailment for mutual benefit so the district would be required to exercise ordinary care.
Your scenario where the caddy falls off the wall and a phone is broken would be the districts responsibility. Please make sure they are secure.
The situation where a student steals another student’s cell phone would probably not be the districts’ fault. Just to be on the safe side you may want to ask teachers or aides to stand by the caddy and observe students as they pick up their phones in order to discourage this activity. The district may want to craft a release that they are not responsible for loss of stolen property if students chose to bring their cellphones to class and deposit them in the caddy. Perhaps a sign on the caddy, use at your own risk.

[Jennifer]

Hello! Districts have board policy that states they are not responsible for lost or stolen items. There’s one for staff and one for students. It should be included in the student handbook which students/parents acknowledge at the beginning of the school year. See BP 5131 Conduct for “Damage to or theft of property belonging to students, staff, or the district
The district shall not be responsible for students’ personal belongings that are brought on campus or to a school activity and are lost, stolen, or damaged.”
Also Check 5131.8 Mobile Communication Devices for specifics about lost/stolen (last line).

[Author]

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