Can you call a witness for a pre-hearing at the Employment tribunal?

Slander in California involving Public Employee

• Thank you for assistance. I am a school district board member. A teacher in a school may or may not have involved me in slander. I call this person Teacher A. At Teacher A's house, Teacher A put on a non-school event where a collegue, Teacher B, was accosted by Teacher A's adult sibling, and the collegue appeared to eventually consent to brief "intimate" relations. The only witness put blame primarily on the sibling. I was visited by Teacher A soon after, who told me in private that the sibling was not to blame, and told me details of Teacher B's inimate personal life to exonerate him. Teacher A claimed Teacher B had disclosed these personal life details privately to Teacher A the previous year. These personal life details suggested Teacher B was "unchaste", one criteria for slander. I do not know if they were true. I have reason to suspect that Teacher A told parents this information, in private, because rumors circulated soon after, eventually causing Teacher B to find employment in another district.......My specific questions follow. 1. Must a slander suit be brought by the victim? In this case, the victim wants to put the situation behind them. However, Teacher A remains a threat to the district. Can the audience of a slanderous statement bring suit, rather than the victim? 2. Must the alleged slander statement be proven true? Please be careful about this answer, as the evidence basis of libel and slander differ, as well as the transmission basis. Since Teacher B does not want publicity, I do not think we can prove falsehood. I thank you for your assistance.

• Answer:

  Hello, ethansteven. I'm sorry for the unfortunate situation your district finds itself in, but I'm afraid that only the victim, and not the audience, of a defamatory statement can bring suit. The Judicial Council of California Civil Jury Instructions (CACI) is a handy reference for the elements of most civil lawsuits. They are available on the Web at http://www.courtinfo.ca.gov/reference/documents/civiljuryinst.pdf. (The "elements" of a lawsuit are the individual items that must be proven before the plaintiff can recover damages.) CACI 1700 through 1723 discuss the elements of defamation claims; specifically, CACI 1704 governs your situation, defamation per se involving a private figure. In all defamation claims, however, one element is the same: the plaintiff (the one who brings the lawsuit) must prove that the defamatory statements were ABOUT THE PLAINTIFF, and not about somebody else. This makes sense in light of the scheme of damages available for defamation: compensation for harm to reputation, harm to business or property, and shame or mortification. As to the truth or falsity of the communication, it is NOT the plaintiff's burden to establish falsity. It IS, however, the plaintiff's burden to establish that the defendant failed to use reasonable care to determine the truth or falsity of his remarks. See CACI 1704. Thank you for the interesting question, and please don't hesitate to ask if you require any clarification.