Confederation of Oregon School Administrators Top Areas for Legal Exposure Arising Out of Student Discipline Situations Michael Porter Miller Nash LLP

Legal Exposure: What do we mean? Exposure to monetary costs –Damage Claims –Claims for Prevailing Plaintiff Attorney Fees –District's own Attorney Fees Other Costs –Time, effort, and energy –Publicity

What types of claims create the most exposure for school districts? Bullying/Student on Student Harassment Negligence Constitutional and Civil Rights Claims –First Amendment Religion Speech –Fourth Amendment Search and Seizure –Fourteenth Amendment and State Law Discrimination

Bullying/Student on Student Harassment Why is it high exposure? The Legal Standards –Act reasonably in light of foreseeable harm –No "deliberate indifference" to known harassment based on protected status What can an administrator do to reduce exposure?

Negligence Why is it high exposure? The Legal Standard –Act reasonably in light of foreseeable harm A note on defenses –Tort Claims Act –Immunity What can an administrator do to reduce exposure?

First Amendment: Religion and Speech Why is it high exposure? The Legal Standards (Basic Legal Standards- Note Complex Areas) –Religion: District cannot "establish" religion, cannot violate religious freedom of students –Speech –“Fraser" speech: plainly offensive is not protected –“Tinker" speech: is it likely to substantially disrupt school operations What can an administrator do to reduce exposure?

Fourth Amendment: Search and Seizure Why is it high exposure? The Legal Standard –Reasonable at inception/reasonable in scope –A note on current issue: Greene v. Camreta What can an administrator do to reduce exposure?

Fourteenth Amendment: Discrimination/Equal Protection Why is it high exposure? –The Legal Standards (Basic Legal Standards--Note Complex Areas) –No classifications based on protected status State Statute: No unreasonable differentiation based on protected status What can an administrator do to reduce exposure?

Resource The Educator's Guide Available through

Confederation of Oregon School Administrators Top Areas for Legal Exposure Arising Out of Student Discipline Situations Michael Porter Miller Nash LLP