33-512B. SUICIDAL TENDENCIES — DUTY TO WARN. (1) Notwithstanding the provisions of section 33-512(4), Idaho Code, neither a teacher nor a school district shall have a duty to warn of the suicidal tendencies of a student absent the teacher’s knowledge of direct evidence of such suicidal tendencies.
(2) "Direct evidence" means evidence which directly proves a fact without inference and which in itself, if true, conclusively establishes that fact. Direct evidence would include unequivocal and unambiguous oral or written statements by a student which would not cause a reasonable teacher to speculate regarding the existence of the fact in question; it would not include equivocal or ambiguous oral or written statements by a student which would cause a reasonable teacher to speculate regarding the existence of the fact in question.
(3) The existence of the teacher’s knowledge of the direct evidence referred to in subsections (1) and (2) of this section shall be determined by the court as a matter of law.
History:
[33-512B, added 1996, ch. 377, sec. 1, p. 1282.]