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Private school law - teacher misconduct by j bazen
- 2. Gods Law above all Teachers can, by issue of the authority given them, and the students being subject to them, think that they can inflict emotional distress, create physical hurt, defame, or commit sexual misconduct. These teachers forget that they are under God and under the laws of the state.
- 3. Gods Law As explained by the Heidelberg Catechism (under the 6th commandment) That neither in thoughts, nor words, nor gestures, much less in deeds, I dishonor, hate, wound, or kill my neighbor, but myself or by another; but that I lay aside all desire for revenge but to show patience, peace, meekness, mercy, and all kindness towards him, and prevent his hurt as much as in us lies; and that we do good, even to our enemies.
- 4. Laws of the State Unprofessional Conduct: Non-public school are not allowed to hire teachers who refuse to sign a document requesting information on unprofessional conduct. Statue of Limitations: Except in cases of medical malpractice or wrongful death, minors have one year after their 18th birthday to file suit. Paul D. Coverdell Teacher Protection Act of 2001: Teachers may be sued for intentional or criminal neglect or gross negligence.
- 5. Cases of Private Law w.r.t. Teacher Misconduct Many, many cases of sexual abuse by priests in Catholic schoolsmany of which were dismissed because of the statue of limitations. Today, things are different. More people have come forward and many priests are in jail because of their crimes. Implications for Plymouth Christian: 1) If charges are brought, suspend the teacher till further investigation. 2) Never try to cover up the crime.
- 6. Cases Continued Demeyer v. Archdiocese of Detroit Finding: Catholic school student who alleged that he suppressed memories of abuse by a priestdismissed as untimely. The Case: A student filed suit in 1993 that during the time in this school (1972-1981), he was sexually assaulted on many occasions. Implications for Plymouth Christian: Students need to be reminded to come forward right away so crimes can be dealt with and perpetrators be given justice. Abuse often comes from people they know very well.
- 7. Cases of Private Law w.r.t. Teacher Misconduct Morrone v. Prestonwood Christian Academy Finding: Parents could not sue a teacher for abuse that caused posttraumatic stress disorder because they could not prove it was intentional. The Case: This Texas Kindergartner attended a Christian school. By October, her mother thought she seemed unhappy. By December, she was having nightmares, wetting the bed, and showing serious signs of anxiety. A teacher aide had complained to the principal, but since there were no other complaints, the school could not be sued for negligent hiring or retention and the teacher could not be sued because she was protected under the federal Paul D. Coverdell Teacher Protection Act of 2001. Implications for Plymouth Christian: All teacher complaints should be investigated. If found true, they should go in the teacher file. Corrective action should be taken if there is possible redemption. The teacher should be let go if they do not change.
- 8. Cases of Private Law w.r.t. Teacher Misconduct Boone v. Reese p. 307 Finding: Assigning nicknames to freshmen does not indicate slander and a teacher may use physical contact in school discipline The Case: A student with a congenital heart defect had a medical excuse from doctor to not participate in PE in grades K- 8. In grade 9, the student did not obtain a medical excuse, so he was told to just walk around during classes. Apparently, the student was disrespectful as well. The teacher called him heart man or heart attack for a nickname. When the student refused to walk, the teacher grabbed him and pushed him. The parents sued the school board for slander and assault and battery claims. Both charges were dismissed. Implications for Plymouth Christian: Our Christian duty is to not use nicknames whether or not this is allowed by the courts or no. Teachers may use all reasonable force in an altercation, but to save trouble, teachers should leave their hand off students.
- 9. Cases of Private Law w.r.t. Teacher Misconduct Frame v. Comeaux p,308 Finding: A teacher who bruised a student while physically removing him from the classroom was found to have used reasonable force under the circumstances. The Case: A substitute teacher dismisses several disruptive students. They complied. When another student spoke aloud during a test, he was told to leave twice. He did not. As the student stood up to face the teacher, the teacher grabbed his arm and pushed him up the aisle toward the door. The student hit the podium and blackboard. Minimal bruising occurred. Implications for Plymouth Christian: My staff should avoid removing a student from class physically, but reasonable force is allowed in or der to maintain discipline. This should be used as a last resort. Avoid touching students!
- 10. Cases of Private Law w.r.t. Teacher Misconduct Forester v. State Finding: A university instructors physical assault of a student does not result in school liability because the conduct was outside the scope of employment and the school did not authorize the use of violence. The Case: A New York University student enrolled in a summer session karate course. When the instructor ask this student to do a reverse push-up, the student refused. The instructor struck him several times. The student was taken to the hospital. The student sued the school saying it was assault. Implications for Plymouth Christian: Plymouth Christian is not considered liable in a suit if: 1) The instructor is and independent contractor or 2) The school never authorizes violence in its faculty manual.
- 11. Annotated Bibliography Wheeler, E. (2009). Private School Law in America: 21st Edition. Malvern, Pennsylvania: Center for Education & Employment Law. The Bible (KJV) De Bres, Guido (1567) The Heidelberg Catechism. Paige, R. (2004) Policy and Program Studies. Education Sexual Misconduct: A Synthesis of Existing Literature. U.S. Department of Education. Michigan Department of Education (2011). Nonpublic and Home School Information. Retrieved July 25, 2012 from http://www.michigan.gov/documents/Info2005_132227_7.pdf Edgar Snyder & Associates . Michigan Statue of Limitation. Retrieved July 24, 2012 from http://www.edgarsnyder.com/statute-limitations/michigan.html