Teachers and Teachers and School Boards School Boards Rights as a citizen Rights as a citizen Statutory rules that govern Statutory rules that govern boards boards Contractual conditions Contractual conditions
Transcript
Slide 1
Teachers and School Boards Rights as a citizen Rights as a
citizen Statutory rules that govern boards Statutory rules that
govern boards Contractual conditions Contractual conditions
First Amendment Rights Speech Speech Expression Expression
Association Association Religion Religion
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Freedom of Speech Connick v. Myers and Pickering v. Board
Connick v. Myers and Pickering v. Board Speaking out as a citizen
on matters of public concern is free speech Speaking out as a
citizen on matters of public concern is free speech Balance of
interest test Balance of interest test Private communications
without disturbance is protected Private communications without
disturbance is protected Dress is not a first amendment right;
school board dress code is constitutional Dress is not a first
amendment right; school board dress code is constitutional
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Privacy- not mentioned in Constitution but inferred Personnel
may be required to seek help if there is a reason to doubt the
ability to contend Drug test if a problem is suspected but not
random testing Search teacher workplace- any area related to
work
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Religion- first amendment- Title VII Subject to certain limits
Subject to certain limits 1972- amended Civil Rights Act to include
religion- employer accommodation as long as no undue hardship 1972-
amended Civil Rights Act to include religion- employer
accommodation as long as no undue hardship Neither inhibit nor
promote religion Neither inhibit nor promote religion Religious
garb- if a state prohibits such attire, the courts sustain
Religious garb- if a state prohibits such attire, the courts
sustain
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Self-incrimination Fifth amendment Fifth amendment A
superintendent has a right to inquire A superintendent has a right
to inquire
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Due process- 4 th and 14 th amendment Procedural Procedural
Substantive- liberty, tenure is a property right Substantive-
liberty, tenure is a property right Vagueness- may require states
to uphold state and federal constitutions Vagueness- may require
states to uphold state and federal constitutions Irrationality- a
rule cannot be arbitrary or irrebuttable Irrationality- a rule
cannot be arbitrary or irrebuttable
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Take home test
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Torts- A civil wrong for which the courts can provide a remedy-
caused by unreasonable conduct of others Intentional interference
Intentional interference Strict liability Strict liability
Negligence Negligence
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Intentional interference Not necessary for the wrong- doer to
be hostile- could be a practical joke Not necessary for the wrong-
doer to be hostile- could be a practical joke Assault- mental
rather than physical violence; mental distress Assault- mental
rather than physical violence; mental distress Battery- physical
contact Battery- physical contact False imprisonment False
imprisonment Read Spears v. Jefferson p.553 Read Spears v.
Jefferson p.553
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Strict Liability Liability without fault Liability without
fault Danger is inherent in the activity Danger is inherent in the
activity Not negligent or intentional behavior Not negligent or
intentional behavior Read Fallon v. Indiana Trail School p. 555
Read Fallon v. Indiana Trail School p. 555
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Negligence- neither expected nor intended Could be prevented by
reasonable care Could be prevented by reasonable care Must sustain
an injury resulting from an unreasonable risk Must sustain an
injury resulting from an unreasonable risk Who is a reasonable
person? Person of ordinary sense using ordinary care Who is a
reasonable person? Person of ordinary sense using ordinary
care
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Elements of Negligence A duty to protect others A duty to
protect others Failure to exercise that duty with a standard of
care Failure to exercise that duty with a standard of care A causal
connection between act and injury (proximate cause or legal cause)
A causal connection between act and injury (proximate cause or
legal cause) An injury- damage or loss An injury- damage or loss
All elements must be proven or case fails All elements must be
proven or case fails
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Duty of care Educators are negligent when they do something or
omit something- that a reasonable person might deem harmful
Educators are negligent when they do something or omit something-
that a reasonable person might deem harmful No general- or at large
duty No general- or at large duty But if you make it your duty- you
must act as a prudent person But if you make it your duty- you must
act as a prudent person
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Standard of care As the risk increases, the standard of care
increases- ex. Chemistry lab vs. study hall or reading class As the
risk increases, the standard of care increases- ex. Chemistry lab
vs. study hall or reading class Children between 1 and 7 cannot be
liable for negligence Children between 1 and 7 cannot be liable for
negligence Between 7 and 14- prima facie case for incapacity but it
can be rebutted Between 7 and 14- prima facie case for incapacity
but it can be rebutted Reasonably prudent person Reasonably prudent
person
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Proximate or legal cause ACT_____________Injury
ACT_____________Injury Proper supervision Proper supervision
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Defenses for negligence Contributory negligence Contributory
negligence Comparative negligence- assign degrees- FL is a
comparative state Comparative negligence- assign degrees- FL is a
comparative state Assumption of risk Assumption of risk Immunity-
Immunity- 1. Governmental 2. Charitable 3. Infants 4. Mentally
disabled
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Negligence cases Brown v. Tesack Brown v. Tesack Johnson v.
School District of Millard Johnson v. School District of Millard
Stevens v. Chasteen Stevens v. Chasteen Simonetti v. School
District of Philly Simonetti v. School District of Philly Hutchison
v. Toews Hutchison v. Toews Wagenblast v. Odessa Wagenblast v.
Odessa
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Defamation Using spoken or written word to accuse another
person of immorality, dishonesty, or dishonorable conduct Using
spoken or written word to accuse another person of immorality,
dishonesty, or dishonorable conduct Libel- for visual perception
Libel- for visual perception Slander- spoken words Slander- spoken
words
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School personnel- privilege Cannot say anything you want to
about others Cannot say anything you want to about others In good
faith- without malice In good faith- without malice Truth is
defense against defamation Truth is defense against defamation Read
Hett v. Ploetz 5 and 11 in case notes Read Hett v. Ploetz 5 and 11
in case notes
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Florida- hold harmless Waived sovereign immunity for $100,000
to 200,000. Waived sovereign immunity for $100,000 to 200,000. You
must know of the standard of care that is required You must know of
the standard of care that is required What if a person is invited
to be on campus? What if a person is invited to be on campus? Only
compensatory charges can be levies; not punitive charges Only
compensatory charges can be levies; not punitive charges