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Wheeler managed to convince plaintiff to meet with KIDS therapist C. When King returned from her trip on March 18, Wheeler told her about plaintiff's situation and reported that she had called SOSCF.Wheeler felt that King showed no concern for plaintiff at all; she told Wheeler that she should not have gone to the authorities because plaintiff might have been lying.However, Fredrickson could not act without a statement from plaintiff, who was too frightened to talk.Fredrickson told Wheeler that if Meador's letter did not deter Shin from visiting, Wheeler should call Fredrickson, and he would find “some way” to intercede, even if it meant putting plaintiff into protective custody.Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges. Daniel Lindahl, Portland, argued the cause for appellant. Plaintiff sued the school on various tort theories and prevailed after a jury trial. Most of the international students stayed at the school's International House, described in the parent-student handbook as a “dormitory-style home supervised by [the school's] faculty/parents.” Other housing options, such as homestays, were “available at the school's discretion.”On her enrollment, plaintiff moved into the International House, where she and other resident students lived under a contract that provided that they were subject to their hosts' supervision “24 hours a day, 7 days a week.” She was also subject to an enrollment contract that provided:“The undersigned, on behalf of themselves and the above student, agree to accept the rules and regulations adopted by [Sunriver Prep].With him on the briefs was Bullivant Houser Bailey PC. Batchelor, Portland, argued the cause for respondent. Holcomb and Markowitz, Herbold, Glade & Mehlhaf, PC, and William A. Sunriver Prep now appeals, asserting that the trial court erred (1) in denying the school a directed verdict on plaintiff's claim for negligent infliction of emotional distress; (2) in refusing to instruct the jury to compare the school's negligence with the fault of a third-party defendant intentional tortfeasor (plaintiff's father, Dong Eun Shin (Shin), who raped her while she was in the school's care); and (3) in concluding that plaintiff had a private right of action for the school's failure to report sex abuse under ORS 419B.010(1). [Sunriver Prep] reserves the right to discipline, suspend or dismiss any student whose behavior, performance, or progress, in the judgment of [Sunriver Prep], is deemed unsatisfactory or whose influence does not serve the best interests of [Sunriver Prep].The agreement covered virtually every aspect of plaintiff's life.
Because King, the head of the school, was out of town, Wheeler called Dr.Over the next two months, Wheeler noticed that plaintiff's depression seemed to deepen.Her parents were divorced, and plaintiff talked on the phone with her mother in Korea almost nightly.King noted that plaintiff, who owned her own car, had been excepted from one rule against homestay students driving, but otherwise Wheeler understood that these were guidelines that the school expected would be followed.Wheeler, plaintiff, and her father later signed the homestay agreement.