Axia College Material Appendix C Rights and Responsibilities of Educators and Students Perform a search in the University Library databases and locate four school-related court cases (with outcomes decided), two which involve educators as defendants and two which involve students as defendants. Fill in the table below.
When you give your informed opinion, state and discuss whether you agree or disagree with the outcome. Base your opinion on legal and ethical standards as discussed in Ch. 9 of the text. If you do not agree with the outcome, explain what would have been just. Base your explanation upon the rights and responsibilities of those involved. Cite your sources in APA format below the table. Name and Date of Case |Brief Overview of Case |Your Informed Opinion | | |and Outcome | | |Case 1: Educator as Defendant |A student was made to do 100 squat thrusts because he |I do not agree with the outcome, the student should have been able to sue | | |spoke to another student during role call.
The student |the teacher in civil court for the reason of In Loco Parentis and | |Name of Case: Aaron Moore Vs. Willis Independent |was later diagnosed with inflammation of the Esophagus |negligence. The teacher could obviously tell that the student was indeed | |School District |and missed three weeks of school. |becoming hurt and the student did complain. | | | | | |The 5th Circuit Court of Appeals ruled that the student| | | was not denied due process because Texas law states | | |Approximate Date(s): December 1, 2000 |that a teacher is immune from being sued for a criminal| | | |offense if he or she is acting reasonably (NA, 2000, P. | | |8, 2) | | |Case 2: Educator as Defendant |In this case, sports players were suspended for |I do not agree with this ruling for the fact that teachers will soon | | |creating a brawl after a game. become scared to discipline students. If that happens teachers can be | |Name of Case: Wood v. Strickland | |found negligent and not acting in their capacity as educators to be sure | | |This case “found that if public-school teachers or |that their students is safe, opening the doors for more legal issues. | |principals knowingly violated a student’s due-process | | | |rights, they could be held personally liable for | | |Approximate Date(s): |financial damages (Arum, R, 2004, P. 43). | | |Case 3: Student as Defendant |A student is saying his right to free speech was |I do not agree with this decision, the teacher was acting in the defense | | |violated and one. The student held a banner stating |of other students and has a right to stop anything that is causing a | |Name of Case: Morse v.
Frederick |“bong hits for Jesus. ” The principal in this case went |disruption of other students. | | |across the street and confiscated the banner and | | | |suspended the student for 10 days.
The later ruling by | | | |the 9th U. S. Circuit Court of Appeals ruled that she | | |Approximate Date(s): January 2002 |can be held personally liable for her decision. (Cook, | | | |G, 2007, P. -7) | | |Case 4: Student as Defendant |This case is concerning a gang member Cesar Sarausad |I agree with the fact that the students was convicted, it is not okay for | | |and he is challenging his “conviction as an accomplice |violence of any kind and the police did have substantial evidence to prove| |Name of Case: Waddington v.
Sarausad |in a March 23, 1994, drive-by shooting at Ballard High |that he was involved. The fact that other students have died in crimes | | |School that killed 16-year-old Melissa Fernandes |that have the same nature does not excuse him from guilt. | | |(Walsh, M. , 2008, p. 7)” | | | | | | |Approximate Date(s): | | | References
Type references here in APA format. 5th Circuit Upholds Laws on Corporal Punishment. 12/11/2000. Education USA, Aspen Publishers Inc. Vol. 42 Issue 25, p8, 2p. Retrieved June 28, 2009, from http://web. ebscohost. com/ehost/pdf? vid=16&hid=117&sid=a9655997-8683- 4f52-ad93-7b6d27e01896%40sessionmgr107 Cook, G. (2007). American School Board Journal. A sign of the times. Vol. 194 Issue 5, p6-7, 2p, 1c. Retrieved Retrieved June 28, 2009, from http://search. ebscohost. com/login. aspx? irect=true&db=aph&AN=24690796&site=ehost-live Arum, R. (2004). National Review. Sparing Rods, Spoiling Children. Vol. 56 Issue 19, p43-44, 2p. Retrieved Retrieved June 28, 2009, From http://search. ebscohost. com/login. aspx? direct=true&db=aph&AN=14737017&site=ehost-live Walsh, M. (2008). Education Week. Court Takes Case Arising From Shooting at School. Vol. 27 Issue 29, p17-17, 1/3p. Retrieved Retrieved June 28, 2009, from http://search. ebscohost. com/login. aspx? direct=true&db=aph&AN=31660343&site=ehost- live