New Jersey teacher who was late for work 111 times keeps job

[Loveshiscountry]

Originally Posted by marigolds6

The reason for these rules are lawsuits. As far as a lawsuit goes, that butter knife is a butter knife and the school will be held liable just as if it was a switchblade (and the principal will be personally liable).

Take the butter knife away. Don't suspend the student. Problem solved.

Originally Posted by marigolds6

A couple of students pushing each other is just as a bad as a knockdown brawl.

No it is not. That is one of the most absurd statements I've read on this forum.

Originally Posted by marigolds6

This whole trend started with a "slap fight" lawsuit out in Los Angeles in 1970 (Dailey v. Los Angeles Unified Sch. Dist.). Two students were having a slap fight in the gym during lunch. One of them got knocked off balance, fell awkwardly, and died. Not only was the school held liable, but the principal and two PE teachers (because the gym was their classroom). Enormous judgments were handed down against the principal and two teachers, as well as the school district; and a slap fight ended up setting the trend that we are still on today.

LMAO The lawsuit came about because the slap fight wasn't stopped. Period. Whether it be a brawl or a pushing match the lawsuit was about staff NOT interceding. Your example, like your post holds no water.
Intent matters. Intent, that's a word the one size fits all crowd forgets too often.

Originally Posted by marigolds6

And you think two students pushing each other should be ignored?

No that's you falsely testifying.

Originally Posted by marigolds6

If the courts are not going to differentiate when they hand down multi-million dollar liability, then why should the administrators differentiate?

The courts do. Is that why a ticket for driving 10 mph over the speed limit is the same as driving 25 mph over the speed limit?

Is that why when 2 people fight and 1 person kills another is treated differently than when one person plans ahead of time to kill someone and does? Intent matters.

[North Beach Person]

Originally Posted by Loveshiscountry

Take the butter knife away. Don't suspend the student. Problem solved.

No it is not. That is one of the most absurd statements I've read on this forum.

LMAO The lawsuit came about because the slap fight wasn't stopped. Period. Whether it be a brawl or a pushing match the lawsuit was about staff NOT interceding. Your example, like your post holds no water.
Intent matters. Intent, that's a word the one size fits all crowd forgets too often.

No that's you falsely testifying.

The courts do. Is that why a ticket for driving 10 mph over the speed limit is the same as driving 25 mph over the speed limit?

Is that why when 2 people fight and 1 person kills another is treated differently than when one person plans ahead of time to kill someone and does? Intent matters.

You may believe everything you wrote. Unfortunately it's incorrect.

The way school law has evolved has determined the consequence.

A knife is a knife. There's no differentiation between a butter knife or a K-Bar. The penalty is the same for both (automatic expulsion in many areas).

A slap fight is the same a full on beat down. And, once again, the penalty is the same (short to long term suspension up to expulsion).

People complained to School Boards (and the federal government which promulgates many of the "guidelines") that administrators had too much discretion so that discretion was taken away.

There's no place right now for "intent" in school law.

[nana053]

Originally Posted by roadrat

A Latin teacher? seriously! how about we relegate Latin to the dust bin of history and hire more Science or Math teachers.
My 2C.


bill

Latin is quite useful - you learn the roots of words. This can help with vocabulary for the ACT and SAT. Greek would help with this as well.

[marigolds6]

Originally Posted by Loveshiscountry

T The lawsuit came about because the slap fight wasn't stopped. Period. Whether it be a brawl or a pushing match the lawsuit was about staff NOT interceding. Your example, like your post holds no water.
Intent matters. Intent, that's a word the one size fits all crowd forgets too often.

Go read the case. A critical aspect was that the school routinely allowed slap fights to occur without punishment, not just that this particular slap fight was not broken up. That is why it completely altered the landscape of liability in schools.
For schools, intent does not matter.