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EDAD 530 Part II


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What is the general definition of Sexual Harassment
Sexual harassment is a form of sex discrimination which is prohibited by federal and California Law
Sexual Harassment involves:
a. Unwelcome sexual advanced/request for sexual favors
b. Other verbal/physical conduct of a sexual nature
Sexual Harassment has the effect of the following:
a. Effects or interferes with work/education
b. Creates a hostile work/education environment
What are the two forms of sexual harassment?
a. Quid pro Quo
b. Hostile Environment
What are the various sexual harassment scenarios? Which is the most common?
a. E to E
b. E to S
c. S to E
d S to S
They are all about equal.
If a student touches another students rear end, what type of sexual harassment is this?
Serious or severe hostilfe environment.
If a male std makes a single remark about the teachers breasts, is this considered sexual harassment?
No. A single remark would most likely fall under inappropriate behavior. If it were repeated, frequent or pervasive then it would be sexual harassment.
What unit in LAUSD investiage's sexual harassment?
Educational Equity Compliance
If a std makes repeated remarks about another std's nice teeth, is this considered sexual harassment?
No. Sexual harassment must be unwelcome and Sexual in nature.
What factors must an alleged victim establish in order to prove that there was Quid Pro Quo sexual harassment?
1. Conduct in question was unwelcome
2. The conduct in question was sexually motivated
3. The alleged victim's reaction to supervisor's condcut or advances affected employment or education.
What are the elements of a Hostile Environment Sexual Harassment?
1. The conduct in question was unwelcome
2. The conduct in questions was sexually motivated
3. The conduct was sufficiently severe (serious) or pervasive (frequency) to alther employment/education conditions and to create abusive (hostile) environment.
Does the 14th amendment have anything to due with sexual harassment?
Yes. Due Process and Equal Protection
Under what statute do most employee related sexual harassments cases fall?
Title VII of the Civial Rights Act of 1964
What is the general definition of Title VII of the Civial Rights Act of 1964?
Prohibits race, color, religion, national origin or sex descrimination in the workplace.
What is the general definition of Title IX?
No person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activiy receiving federal assistance.
What was the result of Title IX?
It prohibits sexual discrimination in educational programs that are supported with federal monies
What statute created a revolution in woman's sports?
Title IX
What statute prohibits students from sexual harassment from other students and teachers?
Title IX
Provide examples of federal administrative agencies that handle sexual harassment complaints.
OCR Office of Civil Rights
EEOC Equal Employment ... (?)
These agencies are a place where complaints can be taken to above the school district and below the court system.
In a typical sexual harassment lawsuit, what is the most common point that alleged victims make about supervising employees?
That there was no response in dealing with a sexual harassment situation or allegation.
T/F. Liability in sexual harassment cases is limited to the perpetrator.
False. Supervisor and employer (District) are also liable.
Why is employee to std sexual harassment considered the most serious?
captive audience.
concept of std being safe on campus.
eaily taken advantage of because of authority/fear
Franklin v. Gwinnet Count Public Schools (1998)
Facts: Teacher to std harassment. Coach engaged std in sex conversation and persuaded her to have sex. Std claimed that district aware of sexual harassment. Also, std claimed that the district took no action, and persuaded her not to press charges. $$$ was awarded for damages. Set precident for $$$ awards for sexual harassment.
What are 2 district mandates that districts have in regards to school employees?
1. District must recruit, select, supervise and retain highly effective certificated and classified employees.
2. District must take corrective action in the form of discipline or dismissal from employment if employee is not performing in an acceptable manner.
What are the two general categories for certificated employment?
1. Probationary
2. Permanent.
T/F A tort is a crime can prosecuted by state prosecutors.
False. Tort is not a crime. It comes from separate body of law known as "civil law"
Define Battery.
Unlawful touching.
Define Assualt.
A threat of physical violence. No contact needs to be made.
T/F. Schools administrators or other district employees may only be sued tort law not criminal law.
False. Depending on the action. All school employees may be sued under either tort or criminal law.
Situation: A student trips and falls due to a raised tile on the classroom floor. If the student/family decides to sue, will they most likely sue under tort or criminal law?
Tort. They most likely will seek a negligence action against a school employee.
T/F Districts can be sued under crimnal law.
No. Criminal law applies to individuals such as administrators or other employees.
What is the state law definition of negligence?
failure to exercise the standard of care that a "reasonable prudent person would have exercised in a similar situation.
Torts or state or federal laws?
Describe the 4 prong test in finding negligence in a case.
Duty: the defendant must have a duty of care to the plaintiff recognized under the law.
Breach: there must be negligence constituting a breach of duty.
Proximate cause: a connection must exist between defendant's conduct and alleged injury or in other words, there must be a relationship between defendant's action and/or the lack of action in the resulting injury.
Actual loss/injuary: there must be an acutal loss or injury
T/F In a typical negligence case against the school district, plaintiffs have little difficulty establishing that the defendants have a duty of care or the student.
True. The "duty" is the easy part to prove. The "breach" is the hard part.
Daily v. LAUSD (1970)
two 16 yeard olds "slap boxing". One dies. Parents sued for wrongful death. District was held responsible.
When conducting the 4 prong test on a negligence case, what are the details of the "proximate cause" test?
1. Acts: was it an act or failure to act?
2. Time: was act close in time to injury?
3. Foreseeable: was injury foreseeable?
T/F. Education malpractice lawsuits are common.
Deing education malpractice.
Deprevation of student's learning or educational achievement.
If a parent sues a school district for educational malpractice, does this fall under tort law or crimnal law?
Tort Law. This set of state laws is used when plaintifs sue for educational malpractice.
Peter W. v. San Francisco USD (1976)
Issue: Peter was passed from grade to grade and graduated from high school even though he was at a 5th grade level.
Analysis: use 4 prong negligence test.
Conclusion: failed 4 prong test. Case dismissed.
What are the three types of intentional tort?
assualt, battery and defamation.
What is the most common intentional torts with which educators become involved with?
assualt and battery. disciplining students.
If a student swings and misses another student, could this be considered assualt or battery?
Assualt. Battery involves actual contact.
Deine battery
intentional and not permitted physical contact that causes bodily injury.
T/F. A threat is not considered an assault.
False. Threats instill fear from a physical act and there is assault.
T/F. Assault and battery may be prosecuted under criminal law only. (not civil law)
Provide an example of when a Constitutional tort occurs.
Note: your example should address the following.
a. Depravation of civil rights under the U.S. Constitution or other federal law.
b. Such things as deprevation of due process/equal protection, free speech, suspect criteria.
T/F. There is a set standard for Tort cases which is based on case law and state tort laws.
False. Tort cases are difficult to generalize because of the complex issues around each case. Therefore, tort cases are decided on an individual basis.
T/F. A district may be held liable if a student gets hit by a car while walking to school.
False. The school district may be held liable if the district is providing transportation.
T/F. When students parctipate in field trips, it has been established that less supervision is necessary because of the typical controlled environment in which they are in.
False. Many courts have ruled the opposite.

This is a picture of Gerardo drinking a beer in Cancun, Mexico
False. It is a picture of his shadow!
T/F. If a group of students job over the fence to play basketball on Sunday when school is not in session and one gets hurt, a district may be liable.
True. (crazy but true)
T/F. Courts generally accept that parental consents or waivers of liability signed for field trips limit the district's liability for student supervision.
Bartell v. Palos Verdes Peninsula School District (1978)
facts: 12 year old boy fatal injured while skateboarding on campus after hours.
conclusion: district no held liable for an injury occurring after school.
T/F. Due to the Bartell v. Palos Verdes case, school administrators should not worry abour their liability.
False. That case should not be relied upon.
Hoyem v. Manhattan Beach City School District (1978)
10 year old boy left school in the middle of the day without parent or school permission and was hit by a motorcycle off campus. Conclusion: district had duty of care and is liable.
Wood v. Strickland (1975)
District expelled student who alleged civil rights under violations under the 14th Amendment. Immunity from Liability for board members. Rule: Qualified good faith immunity (federal): case law and public policy (society does not want public decision makers to be fearful to do their job) Qualified by not absolute.
Carey V. Piphus (1978)
Facts: district suspended student who alleged civil rights violation under 14th amendment. Rule: Students are entitled to monetary damages with proof of actual inquiry if there is a violation of 42 U.S.C S-1983
Site at least 3 defenses a school emlpoyee can use in a negligence case.
a. Contributory negligence. Student's own conduct contributed to injury therefore reducing liability in direct proportion to fault.
b. comparative negligence. Fault of several persons.
c. Assumption of risk: injured person participated knowing inherent risks. (i.e. athletic activities)
T/F. School districts have full discretion whether or not they will represent an employee being sued on negligence.
False. The EC requires a school district to provide a defense and pay judgement provided an employee is working within their scope of employment/responsibilities.
T/F. Generally schools districts are the only entity liable for the tortuous conduct of students.
False. Parents are liable for tortuous conduct stemming from a minor's willful misconduct resulting in injury.
What must a teacher specifically due to report a known suspected child abuse?
1. Telephone report immediately.
2. Written report within 36 hours.

Reports must be to a child protective agency.
T/F. LAPD is a child protective agency.
True. LAPD, Sheriff's, Department of Children and Family Services (DCFS) are child proctective service agencies.
T/F. School police is a child prective agency.
A math teacher, Mr. Ashcroft has a sign, "JESUS IS WATCHING YOU!" in his class. Which is not a related issue?
a. the 1st Amendment
b. captive audiences
c. the Established Clause
d. a tradition
d: a tradtion
Which item should not be on the counter of the main office at Moon Valley High School in LAUSD during Christmas?
a. Santa
b. Christmas tree
c. Christmas lights
d. Bible
d: Bible
Where can we find that the government may not support one religion against another?
a. the FEC
b. the EC
c. Bible
d. the 14th Amendment
b: the EC (Establishment Clause)
Decorating the main office with a Christmas tree is
a. the FEC.
b. the EC.
c. 8th Amendment.
d. 10th Amendment.
a: the FEC (Free Exercise Clause)
A student puts the bible on his desk every day. This is not a violation. Which is not the reason.
a. It is traditon.
b. it isn't realted to the EC.
c. He does not have power.
d. He is not a role model.
a: It is tradition.
The EFC can overrul the EC.
False: Under the law the FEC does not supercede the EC's limitation.
The EC prohibits the use of public funds for endorsing a religion.
True: The EC prohibits use of public funds to support religion.
The EC and the FEC protect an individual's religious freedome or liberty.
True: The EC and the FEC can be found in the 1st Amendment.
Before a football game, a coach is allowed to pray, so they can win the game.
False: A violation of the EC.
The principal can demand that
a teacher should take down Halloween decorations if she decorates with withchraft and Satan motifs.
False: Halloween is not a violation of the EC. It is considered a tradition.
A teacher can allow one minute of silence before a test.
False: A violation of the EC.
A city buidling cannot display a big cross becaue it is a violation of the FEC.
False: A violation of the EC.
If a religious organization funds a religious program in a public high school, the principal can accept that program.
False: A violation of the EC.
An assistant principal cannot prohibit a studetn who wants to go home druing lunch time, so he can pray.
True: He has the 1st Amendment right (FEC).
Because a science teacher, Fatima, in LAUSD is Muslim, she can cover all of her body except her face.
False: A violation of the EC.
A teacher cannot put his bilbe in his desk drawer even though no one can see it.
False: It is not a violation of the FEC.
A Korean Bible Club can distribute the bible during luch time.
True: The club has the FEC rights.
A military chaplain is considered a tradition like Christmas decorations.
True: It is not a violation of the EC. It is a tradition.
What is RFRA (Religious Freedom Restoration Act) of 1993?
Congress passed this law to make it more dificult for state/local governments and courts to limit an individual's free exercise of religion.
Why did courts find RFRA unconstitutional?
It unreasonably emphasizes the 1st Amendment guarantee of the FEC and undermines the EC.
What is School District of Abington Township v. Schempp (1963)?
State statute required school to read ten bible verses and the Lord's prayer each morning. Statute is unconstitutinal and violation of the EC.
What is Lemon V. Kurtzman (1971)?
It is the "Lemon Test" when evaluate the EC cases. The government must maintain a religious neutral stance based on the EC/FEC.
What are the three parts of the "Lemon Test"?
1. Does the action have a secular purpose?
2. Does the action avoid advancing or impending religion?
3. Does the action avoid excessing relious entanglement?
Which case allows that bilbe can be studied as literature?
School District of Abington Township v. Schempp (1963).
Which case is striking down the ruling that a religious group cannot organize prayers during graduation ceremonies?
Lee v. Weisman (1992)
What is Edwards v. Agillard (1987)?
It is unlawful for a public secondary school that recives federal funds and has created a "limited open forum" to deny recognition of student initiate groups on the basis of religion, or politcal content of the speech at thier meetings.
What is a "limited open forum"?
It is not-curricular student groups and is allowed to meet on school premises during non-instruction time.
what is guaranteted in the Equal Access Act?
Students religious activities.
What is an example of a limited public forum?
A school (the campus)
What are examples of open public forums?
Street corner, Park
What is a closed forum?
Not available to the public such as classroom, hallway, or newspaper.
What is Bd. of ED. of Kiryas Joel v. Grumet(1994)?
Courts ruled paid public teachers can help low income students within a private religious school.
McInnis cases, Illinois (1968 and 1969)
rule: State statute resulted in wide variations in expenditures in per-pupil apportions was fair and constitutional.
Conclusion: as opposed to lling at the merits, court stated that relative to equal per-pupil expenditures, the controversy was not capable of being decided because of lack of judicially managealbe standards because:
1. court ill-equiped to make school funding plan
2. Lack of empirical data to understand funding plan effects.
3. Lack of consensus over schooling goals, basic education issues, etc.
Serrano v. Priest (1971)
challenged revenue disparities in different districts.
Conclusion: the legistlature changed the funding system and set a revenue limit.
T/F. In California education is a "fundamental right".
True. In Serrano v. Priest (1971) one of the findings was that "Education is a fundamental right"
Define Fiscal Neutrality. It was a highlighted phrase in the Serrano v. Priest case of 1971
The quality of a child's education should not be based on the wealth of a child's school district but rather had to be based on the wealth of the state as a whole.
Explain Municipal overburden.
such things as vandalism and old buildings are present in all districts, but wealthier districts can focus more an acutal education where poorer school districts need to address higher occurrences of vandalism.
Rose v. Council for Better Education (1989)
facts: Kentucky's Constitution provided for an efficient system of common schools throughout the state.
rule: poorer districts in greater funding need than richer districts.
analysis: Kentucky's funding system was unequal.
San Antonio Independent School District v. Rodriguez (1973)
facts:federal case that may have affected education funding across the country.
Unlike Serrano, court stated that education is "not a fundamental right" because it is not in the constitution.
Can a person's wealth be used as a basis of unequal protection violation thereby triggering a strict scrutiny test?
No. wealther is not a suspect classifcation which would trigger a strict scrutiny test.
Which case closed the federal court system as a route to challenge inequities in school finance?
San Antonio Independent School District v. Rodriguez (1973)
T/F. Charter schools must follow the education code and the California Code of regulations.
False. Charter Schools are under contract law.
T/F. A Charter School must have a school board that dictates its policies.
Who issues Charter School status?
The local school board for a period of five years or less, in return for a promise to acieve certain results.
What may lead to a revocation of a school charter?
financial mismanagement.
violation of federal/stae laws.
T/F. Charter schools may be consitituted by a single gender.
What issue has replaced the hot topic of disparate funding in education?
School Choice - Vouchers.
Hartzell v. Connell (1984)
Facts: public school wanted to charge fees for extracurricular activities (i.e. cheerleading, singing, archery etc.)
Rule: charging fees violates "free schoo" guarantees in California's Constitution.
Can a school charge students for lab fees in school if it waives fees for needy students?
No. No fees may be requested. Education must be free, otherwise do not offer it.
Salazer v. Honig (1988)
Facts: California statute allowed schools to assess fees for students who ride school buses.
Rule: California statute violated the equal protection clause and violated the free school guarantee
T/F. The probationary period for a certificated employee is three complete consecutive years of service per the Calfironia Educaton Code.
False. It is only two years.
T/F. If a probationary employee works more than 50% of the days that school is in session, then that year will count towards gettting permanent status.
False. Employees need to work 75% of work days.
What is the length of time that a classified employee is probationary?
6 months
Who is responsible for ALL personnel matters?
The school board.
How often should evaluations and assessments be made for probationary and permanent employees?
Once a year for probationary.
Once every two years for permanent.
T/F. The evaluation and assessment shall be in writing and shall be transmitted to the teacher not later than March 15th?
False. The evaluation and assessment shall be sent to the teacher no later than 30 days.
What is the EC statute that outlines teachers dismissals.
EC Section 44932
Pickering v. Board of Education of Township High School District (1968)
Facts: permanent teacher dismissed after writing a letter, which was subsequently published to a newspaper.
conclusiong: teacher prevailed because of free speech.
Mount Healthy City School District Board of Education v. Dolye (1977)
Rule: same as pickering:
Analysis: can not dismiss a probationary teacher
Fowler v. Board of Education of Lincoln County (1987)
Teacher dismissed in Kentucky because she showed Pink Floyd movie - R-rated
Conclusion: court held that teachers have academic freedom but not absolute.
Wilson v. Chancellor (1976)
Wilson invited communist speaker to talk his high school class after having other political speakers.
Conclusion: since he invited other speakers, it was free speech.
Gaylord v. Tacoma School District (1977)
homosexucal teacher who received a lot of publicity at high school.
conclusion: found teacher's fitness was impaired due to his lifestyle
East Hartford Ed. Association v. Board of Education of Town of East Hartford (1977)
District required male teacher to wear ties (liberty interest)

Conclusion: school interest outweighed teacher's interest
Erb v. Iowa State Board of Public Instruction (1974)
rule: same as Gaylord
Conclusion: court did not find a nexus
Gillet v. USD (1980)
teacher was dismissed because of shoplifting charges.
Conclusiong: court found a nexus
Marshall v. Kirlkand
district had mostly women teachers and court found that district engages in improper sex discrimination because it did not hire female administrators.
Eckmann v. Board of Education of Hawthorn School District (1986)
Facts: district fired teacher because she was pregnant and not married.
rule: must treat pregnancy like other medical conditions
conclusion: court found that the terminating due to out-of-wedlock pregnancy was discriminatory.
Geller v. Markham (1990)
Facts: district did not hire an experienced 55 year old teacher solely because of her age.
Rule: cannot discriminate based on age
conclusion: district engaged in illegal discrimination

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