Indecopi imposes maximum fine on Cusco school for failing to aid student who died after injury

Peru's National Institute for the Defense of Competition and Intellectual Property (Indecopi) has confirmed a maximum administrative fine of 458 UIT, equivalent to S/2.519 million, against the Apu Señor de Huanca Educational Association. This entity promotes the private Fleming school in Cusco.

The severe sanction follows multiple infractions identified during a sports championship organized by the school in November 2021. The primary violation, according to Indecopi's Specialized Consumer Protection Chamber, was the school's failure to provide adequate and timely assistance to a student injured during the event. This student later died from the injury.

The resolution states the institution violated Article 73 of the Consumer Protection and Defense Code, which mandates ensuring the quality of educational services. The penalty is the highest possible under consumer protection law for an infraction related to educational service provision.

In addition to the main fine of 450 UIT, the Tribunal upheld three other sanctions. The school received 3 UIT for conducting the event without authorization during the COVID-19 health emergency. Another 3 UIT fine was imposed for not having medical personnel or trained first-aid staff available. A further 2 UIT penalty was issued because the school employed a physical education teacher who lacked the required professional title.

These combined penalties, totaling 458 UIT, are now final after the Specialized Chamber's decision, exhausting the administrative appeals process. The initial ruling was issued by Indecopi's Regional Office Commission in Cusco.