TAIPEI (Taiwan News) — The Taiwan High Court on Wednesday ruled that a junior high school in Yilan was negligent in its handling of a high-risk student who left campus unauthorized and later died from a fall.
The court ordered the school to pay NT$2.64 million (US$87,527) in compensation to the student’s family. The ruling is subject to appeal, according to CNA.
The case involves a female student identified as requiring close care due to a history of self-harm. Her family alleged that school counselors failed to provide appropriate support and the principal did not adequately oversee counseling and safety protocols.
According to the High Court, in November 2020, the student left her classroom and exited the school grounds without permission or notification on the morning of the incident. She subsequently climbed onto the rooftop of a nearby market and fell to her death.
The school did not notice her absence until noon, and she was only found around 2:44 p.m. She was pronounced dead after being rushed to the hospital.
The family argued that the more than three-hour delay in discovering the student’s absence prevented her from receiving potentially life-saving treatment. They claimed negligence on the part of six school staff members, including the principal, counseling teacher, homeroom teacher, and three subject teachers, and alleged the school failed to maintain public safety measures adequately.
In the initial trial, Yilan District Court dismissed the case. However, the family appealed, and the High Court’s second trial found the school liable.
While the school must compensate the family, the six staff members were exempted from personal liability. The High Court cited Article 186 of the Civil Code, which limits the tort liability of public officials performing their duties, ruling that the six individuals were not personally responsible under general tort provisions.
The court pointed out that the school failed to properly monitor the student’s safety and attendance. This breached its obligation to carefully manage the welfare of high-risk students under relevant regulations.
The principal neglected to convene a review meeting to plan counseling, assessment, and crisis management measures. The school also failed to inform subject teachers of the student’s high-risk status.
On the morning of the incident, subject teachers noticed the student’s absence and questioned classmates, but failed to take further action to confirm her whereabouts or report her missing. This oversight contributed to the delayed response, the court stated.
The court ruled the junior high school liable for damages under the State Compensation Act. It also apportioned responsibility equally between the school and the student’s family, attributing 50% of negligence to each party.
If you or someone you know is experiencing thoughts of suicide, please seek help immediately. You can call the Taiwan Suicide Prevention Center at 1925, or the Taiwan Lifeline International at 1995 (English and Mandarin services available).
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