A teacher without virtue, a girl's nightmare
[4] Compiled from: Red Star News
Case review
[2] In May 2016, after an unpleasant incident at school, Xiaomei (pseudonym), a second-year junior high school student in Shenyang, was taken home by her mother, Ms. Guan. Soon after, Ms. Guan discovered that Xiaomei had developed depression and had attempted suicide multiple times. To treat Xiaomei, the Shenyang Private Experimental School she attended transferred 300,000 yuan to Ms. Guan's account in three installments and asked Ms. Guan to write an IOU.
[3] Ms. Guan stated that Xiaomei became depressed due to humiliation by a teacher named Ji Mou'nan at the school, so the school was responsible for compensation. "When the school gave the money, they said an IOU was needed for financial records, so I wrote it as required, but this money was not a loan."
[4] In June 2017, the school sued Ms. Guan using the IOU, demanding repayment of the loan. The local court ruled that a genuine private lending relationship existed between the parties and ordered Ms. Guan to repay the 300,000 yuan.
[5] In March of this year, Ms. Guan sued the school.
[6] In June of this year, the Shenbei New District People's Court in Shenyang, Liaoning Province, formally accepted the case "Dispute over Responsibility of Educational Institution between Xiaomei and Shenyang Private Experimental School."
[1] Court Opinion
The People's Court of Shenbei New District, Shenyang City, Liaoning Province, held after trial that the school failed to fulfill its duties of education and management. At the time of the incident, the plaintiff, as a minor student, could not directly prove that their rights and interests were harmed. However, the audio recordings, video recordings, witness testimonies, and medical records provided met the high standard of evidentiary probability, establishing that the plaintiff's mental illness was caused to some extent by inappropriate remarks from teachers and classmates. Additionally, the court found that the teacher's inappropriate remarks were one of the causes of her (Xiaomei's) illness, with a causal relationship between the two, and the tortfeasor should bear certain civil liability. Since the teacher's actions were performed in the course of teaching duties, the consequences should be borne by the school externally as civil liability.
Ultimately, the court, in accordance with relevant provisions, ruled that Shenyang Private Experimental School should compensate Xiaomei for medical expenses, nursing fees, transportation costs, accommodation fees, and tuition loss, totaling 377,291.3 yuan. The court dismissed Ms. Guan's request for the school to publicly apologize in mainstream media in Shenyang.
Civil Code of the People's Republic of China
Article 1200
If a person with limited capacity for civil conduct suffers personal injury during study or life at a school or other educational institution, and the school or other educational institution fails to fulfill its duties of education and management, it shall bear tort liability.
[1] The author's perspective
Comparing the aforementioned Article 1200 with Article 1199, it is evident that the burden of proof requirements differ for persons without capacity for civil conduct and those with limited capacity for civil conduct in such cases. For persons without capacity for civil conduct, a presumption of fault liability applies to educational institutions, with a reversal of the burden of proof. That is, kindergartens, schools, or other educational institutions shall bear liability unless they can prove they have fulfilled their duties of education and management. For persons with limited capacity for civil conduct, fault liability applies to educational institutions, following the principle of "he who asserts must prove," requiring the person with limited capacity and their guardian to prove that the educational institution failed in its duties of education and management; otherwise, the institution bears no liability.
In this case, although the school is a private institution, it still bears the responsibility of education and management. The teacher's inappropriate words and actions not only significantly impact students but also reflect the school's quality and standards. Disappointingly, the child developed depression at such a young age, yet the school still failed to recognize the severity of the issue, did not have the courage to admit its mistakes, and even used an IOU as a pretext to sue the parents. Fortunately, the court ultimately delivered a fair and just result. This case not only tells us that schools, as greenhouses nurturing flowers, should focus on children's physical and mental health in addition to academic education, and must never act arbitrarily. Parents should also constantly monitor their children's emotional changes, contact the school immediately if something seems wrong, and never tolerate any infringement once discovered.
