A school bus monitor in the Bath school district in Steuben County has been placed on unpaid leave after being accused of choking a 7-year-old child on her bus, according to news reports in The Leader newspaper and on WETM-TV.
What reportedly occurred here appears to be horrendous, but the parents must act quickly to preserve their child’s legal rights. Cases against municipalities and school districts are treated much differently than ordinary injury cases – a Notice of Claim must be filed with 90 days of the occurrence of the event, and the claim itself must be filed within a year and 90 days of the event!
Failure to follow these timelines could result in the case being dismissed. As the bus driver was in the course of her employment with the school district when this incident is alleged to have occurred, the school district should be named as it is responsible for the acts of its employees.
The news reports say 45-year-old Nancy V. Knapp was charged with Endangering The Welfare of a Child, a misdemeanor, and Second-Degree Harassment, a violation, in the incident shortly before 7 a.m. on March 19. She was allowed to remain free without bail after her arrest.
Police said Knapp grabbed, shook and choked the child, who was not seriously injured.
Bath Police Chief Dave Rouse told The Leader that Knapp confronted the child because he “was acting up a little bit … and maybe pushing her buttons.” But Knapp’s conduct is inexcusable, even if what she says about the child is true!
Bath Schools Superintendent Joe Rumsey said the videotape from the bus surveillance system has been turned over to the police, and the district is also investigating the incident.
Thanks for reading.
ZiffLaw Attorney, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901