Posts by Troy Broussard

• Private/Parochial School Law

  Secretly Recording Conversations…Legal or not?

  • November 7, 2019
  • By Troy Broussard
  

  I routinely receive calls from clients who are concerned about conversations being records during telephone calls and meetings with employees, parents, students, etc.  The question normally presented is: Is it legal to record a conversation without the consent of all of the parties to the conversation? The answer is “yes.” Under both state and federal law, a […]

• Private/Parochial School Law

  Handling Threats of Student Violence

  • October 16, 2019
  • By Troy Broussard
  

  The prospect of student violence presents two primary risks: (1) a threat to the physical safety of the school community and (2) exposure for civil liability to the school.  While parents/guardians, alone, bear vicarious liability for the acts of their children, schools can also be held liable if someone is harmed as a result of […]

• Employment Law & Litigation

  Top 10 Questions to Ask Before Terminating an Employee in Louisiana

  • September 19, 2019
  • By Troy Broussard

  Is the employee covered by a collective bargaining agreement (e.g., union employee)?If so, the termination must be consistent with the Collective Bargaining Agreement (“CBA”).  Is there an applicable employment policy that restricts your ability to terminate the employment, and if so, have you strictly followed it?Example: If the employer has a policy that provides for […]

• Private/Parochial School Law

  Employer Liability Arising out of Student/Faculty Sexual Misconduct

  • May 8, 2019
  • By Troy Broussard
  

  Employers are liable for the negligent acts/omissions of their employees that occur during the course and scope of employment. This type of liability is referred to as “vicarious liability.” Generally, activities of an employee that are purely personal in nature and outside the scope of the employee’s job duties (e.g., sexual interactions with a student) […]

• Private/Parochial School Law

  Academic Transcripts

  • April 10, 2019
  • By Troy Broussard

  It is legal for private schools to withhold student transcripts for nonpayment of tuition/fees? Implicit in any private school enrollment is the school’s agreement to furnish the student with an education and the associated documentation of his/her academic achievements (e.g., transcripts) in exchange for the parents’ agreement to pay tuition and fees. If the parents […]

• Private/Parochial School Law

  Terminating “At Will” Employees – Avoiding Common Pitfalls

  • March 13, 2019
  • By Troy Broussard

  The general rule is that the employment of an “at will” employee can be terminated at any time and for any reason by either the employee or the employer. However, for employers, there are some very important caveats, and failure to take necessary precautions can be a very costly mistake. Regardless of the employee’s “at will” […]

• Private/Parochial School Law

  School-Sponsored Travel & Legal Exposure

  • February 6, 2019
  • By Troy Broussard

  School-sponsored travel can be a wonderful education, cultural and bonding experience for students, faculty, and parents. However, schools face potential legal exposure in connection with these trips. Pre-trip liability waivers for personal or bodily injuries are unenforceable under Louisiana law. Schools can be held liable for bodily injury and personal injury arising out of a […]

• Private/Parochial School Law

  Bulletproofing Enrollment Contracts

  • September 10, 2018
  • By Troy Broussard

  Part I Released September 10, 2018 The verbiage in your enrollment contracts can play a critical role in resolving potential disputes with disgruntled parents before they occur. The most important functions of a “bulletproof” enrollment contract are the discouragement of defaults on the obligation to pay tuition and fees and the deterrence of litigation in […]

• Private/Parochial School Law

  Locker Room Liability

  • May 25, 2018
  • By Troy Broussard

  While athletics are an integral and valuable aspect of most school communities—fostering school spirit and building life skills such as sportsmanship, teamwork, self-discipline, and work ethic—they can also be fertile ground for school liability. Locker rooms, weight rooms and other venues are frequent sites for student (and even coaching/faculty) misconduct. This is especially true during the […]

• Private/Parochial School Law

  Minimum Legal Requirements for Student Discipline

  • May 1, 2018
  • By Troy Broussard

  It is a myth that private and parochial schools have absolute and complete autonomy with regard to student discipline. Courts are required to show deference to the inner workings of a private/parochial school’s disciplinary process, but that deference is not absolute. Under Louisiana law, a student may make a successful legal challenge to disciplinary action by […]