Libel & Slader
35 views | +0 today
Your new post is loading...
Your new post is loading...
Scooped by Jamie Poukish!

Peninsula teacher, district failed a bullied boy - (blog)

Peninsula teacher, district failed a bullied boy - (blog) | Libel & Slader | (blog)Peninsula teacher, district failed a bullied (blog)Students haze another student while a teacher is in the room at Kopachuck Middle School In February.
Jamie Poukish's comment, August 31, 2012 5:45 PM
The bullying topic is one that every single teacher should be aware of, and be able to know how to deal with appropriately. Bullying should absolutely not be tolerated in schools. It appears in this article that the teacher is not only refusing to deal with it, and handle the situation properly, but is joining in on the act, which is completely unacceptable. The teacher in this case is responsible, and liable for reporting that a student in his class was being bullied, instead he chooses to join in. Slander can be considered in this article as well, because if this student was being bullied, there were most likely harsh words being used as they bullied him. A case that was similar to this article was the DeGooyer v. Harkness trial where a South Dakota High School athlete coach was liable in his active participation in a hazing that led to the death of a student/athlete.
Vikki Howard's comment, September 2, 2012 12:25 PM
This is tricky, as there are two legal terms that sound very much alike. Libel and liable refer to two different phenomenon. Liable is a situation that results in persons being harmed in some way through the actions of a responsible party. In the case you have described, this teacher is certainly vulnerable to a liability lawsuit--and I do not like her odds. However, libel (the written correlate to slander) is when a person is defamed. I believe this teacher too "an eye for an eye" a bit too far--perhaps lacking the skills to deal with this student in a more constructive manner. Whatever the case, she certainly lacked good judgment and may have caused long-term emotional harm to her student.
Scooped by Jamie Poukish!

Shredding the Constitution and Redefining Slander in our North ...

Shredding the Constitution and Redefining Slander in our North ... | Libel & Slader |
She also goes on to accuse the student of slander, “As a social studies teacher, I cannot allow you to slander any President in here, past or present”. Unless the definition of slander has been changed from telling a damaging ...
Jamie Poukish's comment, August 31, 2012 3:32 PM
This is an interesting article because a teacher is accusing a student for slander against the president of the United States during a debate in class. The big issue here is the teacher’s obvious disregard of the students First Amendment right to free speech. I believe this is a very important topic for teachers to be aware of because it is a teacher’s responsibility to understand that not everyone is going to agree on every topic, and that it is your job as a teacher to accept that and embrace it, especially when engaging in a debate in class. It’s important to discover all angles of topics to help the students come up with a decision for themselves. Even if that decision is off the wall, they are entitled to it. A court case that is similar to this one is West Virginia Board of Education v. Barnette where the rights of students were violated when their school insisted they salute the flag.
Vikki Howard's comment, September 2, 2012 12:35 PM
You make several good points Jamie. This teacher seems to have a hot spot related to Obama that caused her to overreact. Although our textbook explains that not all speech is protected by the First Amendment, the curtailing of legitimate opinion is one of our most well-protected rights. The slander/libel bar is set very high. However, when a person's reputation or profession is harmed by statements that are false, there may be a case for defamation--some statements are so vile that they are defamatory on their face. Public officials (which include teachers) have fewer protections than other citizens (must put up with more public criticism) when it comes to defamation. As our public discourse has become so caustic, first in social media and now spilling out to interpersonal communication, that teachers are likely to face increasing greater verbal challenges. Being prepared for this, and prepared to deal with comments that false, mean-spirited and even slanderous, in a proactive (teaching moment) way can help to mitigate some of the ugliness in our relationships. And yes, teachers need to open the door to opinions that vary from their own--this teacher sent precisely the wrong message.
Scooped by Jamie Poukish!

LETTER: Teacher tenure rules must be implemented fairly -

LETTER: Teacher tenure rules must be implemented fairly - | Libel & Slader |
Lehighvalleylive.comLETTER: Teacher tenure rules must be implemented fairlyLehighvalleylive.comThe Express Times' recent editorial regarding the changes in the tenure law in New Jersey is correct on some points but not on others (“Christie's speech...
Jamie Poukish's comment, August 31, 2012 2:53 PM
The tenured topic is extremely important to teachers. It is important because no matter where a teacher decides to teach they will need to know their rights as tenured teacher and have an understanding of the contract that deals with the tenured laws. This article mentions that tenure is such a process that school districts would "persuade" teachers to resign or retire by making their job difficult in order to fulfill the budget by cutting back. Making the point in this article that school districts "persuade" teachers to resign or retire, could be considered slander. A well-known case that relates to this article is Perry v. Sindermann, where a Texas, tenured teacher's one year contract was terminated, and not renewed.
Vikki Howard's comment, September 2, 2012 12:40 PM
While I cannot agree with harassing teachers into resigning or retiring, I am not sure that this is actual slander. Unless administrators use verbal or written statements that are derogatory and false to bait teachers into leaving the profession prematurely. A professional's reputation would certainly be damaged if this were the case.
Scooped by Jamie Poukish!

Board Upholds Non-Renewal of Teachers', Principal's Contracts -

Board Upholds Non-Renewal of Teachers', Principal's Contracts - | Libel & Slader |
Board Upholds Non-Renewal of Teachers', Principal's ContractsPatch.comA teacher whose contract has not been renewed has the right to go before .... Do the teachers have the right to a public meeting? .....
Jamie Poukish's comment, August 31, 2012 6:26 PM
This article is very important to teachers. A lot of places of employment for teachers have a year to year contract meaning that after every year their contract could be terminated without a reason, or explanation. It explains in the article that the Superintendent did not renew contracts of four well known and loved teachers, creating an uproar in the community. The students and parents alike gathered together in a community meeting protesting the termination of these teachers contract. Libel and slander can be considered in this article because at the community meeting parents and students brought posters, and gave personal statements about how these teachers have touched their lives, and urging the Superintendent to reconsider. A case that is similar to this the Stroudsburg Area School District v. Kelly 1997 where a teacher was dismissed for willful neglect of duties, and persistent negligence.
Vikki Howard's comment, September 2, 2012 12:44 PM
The fact that these teachers' contracts were not renewed and no explanation given makes a libel charge difficult. However, there may be implicit libel in that nonrenewal in itself constitutes damage to a teacher's reputation and professional standing. When these teachers attempt to apply for new positions (assuming the community uproar fails to prevail), they will most certainly be asked why they were dismissed -- lacking an explanation, an assumption will likely be that these teachers are ineffective.