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

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First Amendment Rights Speech Speech Expression Expression Association Association Religion Religion

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

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

Religion- first amendment- Title VII Subject to certain limits Subject to certain limits amended Civil Rights Act to include religion- employer accommodation as long as no undue hardship 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

Self-incrimination Fifth amendment Fifth amendment A superintendent has a right to inquire A superintendent has a right to inquire

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

Take home test

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

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

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

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

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

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

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

Proximate or legal cause ACT_____________Injury ACT_____________Injury Proper supervision Proper supervision

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

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

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

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

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