Legal Issues of how Slander and Libel can affect students and teachers
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Andee Anderson's comment, February 15, 2012 1:14 PM
I used this article because it elborated on Chapter 6. It is an article based on slander and libel and how it can affect teachers. It is important to do as much research as possible to help protect ourselves in the field. The more knowledge we have on this topic the less likely we will be put into a bad situation, and if we are we will better know how to deal with it.
Vikki Howard's comment, February 19, 2012 1:27 PM
Good point Andee--a scholar educator will not only know how to protect themselves and their students but will be a leader in the field
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Law Professor Accuses Students of Defamation - New York Times

Law Professor Accuses Students of Defamation - New York Times | Legal Issues of how Slander and Libel  can affect students and teachers | Scoop.it
At the University of Arkansas in Little Rock, a law professor has sued two of his students, alleging that they defamed him by unfairly describing him as a racist.
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Sarah Baumberger's comment, August 30, 2012 10:12 PM
This article is important for teachers to understand. It deals with student statements that a professor sees as defamatory on the face. He reasons this as the comments of him being racist, have the potential to ruin his reputation as an award winning professor of the law. Chapter 6 states that statements that are defamatory on the face are those who injure an individuals reputation. It will be interesting to see if the professor wins his case because he should be quite familiar with the law. If the statements are false he should win similar to the case of a N.Y. principal sued for school accusing him of poor administration (p.83-84).
Vikki Howard's comment, September 1, 2012 3:26 PM
I like your reasoning Sarah--An accusation of racism rises to the level of a violation of constitutional law (14th Amendment which guarantees equal protection)--and would certainly harm the professor's reputation. You included both principles of libel and explanation of a relevant court case in your argument--so it will be interesting to see if the courts agree with you.
Vikki Howard's comment, September 3, 2012 12:22 AM
This article is a good scoop...you did a nice job of summarizing, the details, and made a good effort at adding reference to other cases of defamation. Can you say why this case may or may not prevail? The case may hinge on three things; truth, malicious intent, and damage to reputation or professional standing
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Failed Valedictorian Sues Teacher Over Bad Grade - Lowering the Bar

Failed Valedictorian Sues Teacher Over Bad Grade - Lowering the Bar | Legal Issues of how Slander and Libel  can affect students and teachers | Scoop.it
In February, shocked and embarrassed about receiving a bad grade in advanced biology, a student at Sissonville High in West Virginia sued her teacher and the county board of education, demanding that the grade be changed.
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Andee Anderson's comment, February 15, 2012 12:01 AM
This was discussed in Chapter 6 under can students sue teachers for giving them low grades. The courts have reasoned that they do not have the expertise to evaluate the accuracy of a teacher's grading decision and will not intervene in grading unless it can be dhown that school officials acted in bad faith (p. 89). They also say that it is only when the school authorities abuse this that the court would interject. As far as this article states she recieved a lower grade for admittingly turing in her assignment late. Unless the school has a hold harmless policy for events it is not the teachers fault for the student turning in a late assignment. One would think that a "valedictorian" student would make sure she turned it in beforehand or worked something out with the teacher. It will be hard for this student to show that the teacher gave this grade out of bad faith.
Vikki Howard's comment, February 19, 2012 1:38 PM
This too is an important case--one that is relevant to all educators and the principle of academic freedom. I have had many students ask me to change their grades--but none with valedictorian status at stake..I understand the pressure to be successful in our competitive society, but one wonders if other grades were fudged by teachers of this aggressive student in order for her to be so close to valedictorian status--at any rate, I cannot see this student winning for the very reasons you have provided--excellent interpretation counselor
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New York City Teachers Alini Brito, Cindy Mauro Sue City for Slander Over Lesbian Sex Allegations

New York City Teachers Alini Brito, Cindy Mauro Sue City for Slander Over Lesbian Sex Allegations | Legal Issues of how Slander and Libel  can affect students and teachers | Scoop.it
Two New York City high school teachers accused of having a sexual romp in a classroom are suing the city for $2 million for ruining their reputations.
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Andee Anderson's comment, February 14, 2012 10:57 PM
In this case dealing with Slander it comes down to whether they are statements that are clearly understood as being satire or humor and that are not understood to state actual facts about a person are not defamatory. These are obviously not statements that are meant to be humorous, it is said some statements are automatically assumed to be defamatory if as such: impute outrageous sexual misconduct (p. 83). The bottom line is it will be hard to prove what these women were doing, we may never know. If they were doing what they said it could drastically ruin their reputations and they would be granted slander.
Vikki Howard's comment, February 19, 2012 1:43 PM
So, based upon what you know of the case, you would rule in favor of the plaintiffs? Legal decisions seem to vary based upon the principles used for ruling. In som cases, the court favors the requirement of malicious intent over the principle of defamation on its face. I guess that is why the symbol for justice is a set of scales--decisions are often made based upon the balance of evidence (legal argument)
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Jury Awards Moorpark College Teacher $186,000 in Slander Case : Courts: The art instructor's female colleague had accused him of sexual harassment. The district and a vice chancellor are also orde...

A Ventura County jury awarded $186,000 to a Moorpark College art teacher Monday after finding that he was slandered and libeled by a female colleague who accused him of sexual harassment.Kirk D....
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Andee Anderson's comment, February 15, 2012 1:01 PM
This article has to do with two instructors. This is a sexual harrassment case where the Moorpark college art teacher was awarded damages when he was slandered and libeled by a female collegue. In Chapter 6 it states that the amount of damages awarded to the plantiff will vary according to how seriously the jury feels the plaintiff's reputation has been harmed (p. 85). It was interesting to see where this case started and how it ended up. Since it was hard to prove the case of sexual harrassment charge, the man ended up recieving damages. In this article I think it is important to point out how vital witnesses can be. Articles often state how hard it is to prove cases of slander that have not been in a form of publication and how crucial it is for their to be witnesses.
Vikki Howard's comment, February 19, 2012 1:46 PM
You are absolutely correct--this case could make reporting sexual harrassment very risky--If sexual harrassment occurs, but a teacher (plaintiff) is unable to provide convincing evidence, the case could be turned on her/him in a defamation suit, and the victim would then be victimized a second time...I like your insight here; this might actually be a case of wrongful accusation--but, like you I am skeptical.
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Rights and wrong: Using Facebook to defame teachers | Get Schooled

As many of you predicted, a Douglas County middle school has backed off plans to suspend three students for Facebook postings because of the privacy issues...
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Andee Anderson's comment, February 15, 2012 12:27 PM
Here is a blog that talks about online defaming of teachers. These kids allegedly called the teacher a "pedophile," and a "rapist." What is interesting about this is it is not the teacher that found this and is suing for slander and such, it is the principle that is in deep water. The principle had the student log on to her facebook page and show her what the kids had wrote about the teacher. The parents of these children say that it was a breach of their privacy, and don't want their children to go to other schools. It is interesting to see how students can so easily get away with saying things about their teachers!
Vikki Howard's comment, February 19, 2012 1:51 PM
yes...it is a brave new world. Social networking and the use of words as weapons in cyberspace has become the most significant social problem in our schools. The power to undermine the educational environment, harm the emotional stability of teachers and students, and ruin reputations cannot be overstated. This issue is nothing short of crisis--and requires the collective efforts of our entire society to address the pervasive mendacity
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Former student files slander suit against Trinity schoolmates - News

Former student files slander suit against Trinity schoolmates - News | Legal Issues of how Slander and Libel  can affect students and teachers | Scoop.it
Local news from The Daytona Beach News-Journal, your hometown newspaper.
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Andee Anderson's comment, February 14, 2012 11:26 PM
Here is an instance that we didn't see in Chapter 6. A student sueing another student when it involved a teacher. In this case what the other students said against Weeder significantly damaged his reputation. He was accused of intent to poison a adult which could affect him greatly! This isn't just something being said against who he is it is an action that could be very damaging for this kid. As we read he passed a polygraph, yet it is unadmissable in Florida's court. However, it could help show that the other two kids were making it up and trying to get Weeder in trouble. This is a very serious accusation!
Vikki Howard's comment, February 19, 2012 1:53 PM
Another form of bullying that does indeed effect the educational environment. What legal principle would you apply here to render a decision in this case?
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Principal Sues Student for Cyber Defamation

Principal Sues Student for Cyber Defamation | Legal Issues of how Slander and Libel  can affect students and teachers | Scoop.it
Teen Posted MySpace Profile Stating Man's Affinity for Porn, Booze, Underage Students...
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Andee Anderson's comment, February 14, 2012 10:49 PM
As stated in this article, teachers can be the butt of many jokes for students. They make up stories for entertainment, but this student took it to the next level. This teacher has a right to protect his image when a student has completely degraded him. However as learned posting of derogatory statements about teachers on teh Internet have generally been found not to create a right to sue for defamation (p. 85). Without there being factual support of the things being said against him it could be hard for him to make a case. The state Pennsylvania defines when a plaintiff is a public official, all-purpose public figure, and limited-purpose public figure in more-or-less the way described in the Actual Malice and Negligence section (n.a. 2008). Meaning that when you are a public official you must prove whether it was actual malice and negligent. In this case, the principle has a pretty strong case.
Vikki Howard's comment, February 19, 2012 1:57 PM
Would the plaintiff not be trying to prove that the statements were false rather than to prove that the claims against him were factual? Proving a falsehood is much more difficult than proving the truth...and in these cases, again, the burden is on the plaintiff. Good use of the actual malice principle--this is usually the hump that public official claimants cannot overcome--and the reason that very few educators have successfully litigated defamation suits for cyber-content that does effect one's professional reputation or have an effect on the educational environment--good analysis here Andee