Presentation Transcript

1. “Now, was that smart?”Common Sense Can Help You Avoid Litigation

   Richard Fossey Paul Burdin Endowed Professor of Education University of Louisiana Lafayette, Louisiana Geaux, Cajuns!
2. “Don’t call me stupid.”Otto in A Fished Named Wanda (1988) Wanda: Now, was that smart? Was it shrewd? Was it good tactics? Or was it stupid? Otto: Don't call me stupid. Wanda: Oh, right! To call you stupid would be an insult to stupid people! I've known sheep that could outwit you. I've worn dresses with higher IQs. But you think you're an intellectual, don't you, ape? Otto: Apes don't read philosophy. Wanda: Yes they do, Otto. They just don't understand it.
3. The UC Davis Pepper Spray Incident November 18, 2011http://www.youtube.com/watch?v=6AdDLhPwpp4 http://www.youtube.com/watch?v=6AdDLhPwpp4
4. Mistakes were made: According to the University’s own report: Police did not substantiate belief that non-students were present at “Occupy” encampment. Police officer with no command role made command decision to use pepper spray in spite of fact that protesters were not violent. Pepper-spray used was not an authorized weapon for UC Davis police, and they were not trained in how to use it. Chancellor Katehifailed to communicate to police that they should avoid physical force. Lt. Pike’s decision to use pepper spray on the protesters was objectively unreasonable.
5. University of California Settles With Pepper Spray Victims A federal judge awarded a $1 million settlement to student protesters who were pepper sprayed. 21 protesters will receive $30,000 each. UC will pay an additional $250,000 to cover the plaintiffs' attorneys' fees and costs and $20,000 to cover the American Civil Liberties Union’s work as part of its effort to improve policies and procedures for handling protests. Lawyers for both sides called it a "good deal." Lt. John Pike, the officer who fired the pepper spray, no longer works on campus.
6. No Criminal Charges Filed in Pepper Spray Incident “through the totality of circumstances, there is insufficient evidence to establish proof beyond a reasonable doubt that the use of force . . . was unlawful and. . . warrants the filing of criminal charges” Officer Pike quoted as saying that he was “extremely relieved” Sacramento Bee, September 20, 2012
7. UC Davis should have known that it was unreasonable to use pepper spray on non-offensive students. Nelson v. City of Davis (2012) In 2004, UC Davis officers fired pepper spray at nonthreatening students, blinding on student in the eye. Ninth Circuit ruled that UC Davis police should have known that their conduct was objectively unreasonable.
8. Barnes v. Zaccari(2012)Students cannot be expelled without being afforded due process. Ronald Zaccari, president of Valdosta from 2002 to 2012 Previously president of West Liberty State College Former provost and dean of college of education at Southeastern Louisiana University Ronald Zaccari, President Valdosta State University
9. Overview of Barnes v. Zaccari Barnes, student at Valdosta, opposed VSA plan to build parking garage; contacted board of regents. No evidence that Barnes was a threat at VSU. Zaccaridecided to “administratively withdraw” Barnes without a hearing. Campus police notified Barnes by slipping letter underneath door. Barnes sued; in 2012, 11th Circuit upheld Barnes’s right to sue, citing Dixon v. Alabama Bd. Of Education (1961). 2013, jury awarded damages against Zaccari for $50,000.
10. “Now, was that smart?”Questions to ask before taking action against troublesome students Are students disruptive? Is forceful action necessary? Is there a legal basis for the action? Will the students be given procedural due process? Are personnel trained to take the contemplated action?