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Torts, Sports and Religion: Keeping your principal out of trouble

Torts, Sports and Religion: Keeping your principal out of trouble. National SAM/Principal Conference Phoenix, Arizona January 27-28, 2012. Why do we care?. $$$$ Respect Rights of others Changing standards Save Time Free you up to be best. Topics. Torts Sexual Misconduct

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Torts, Sports and Religion: Keeping your principal out of trouble

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  1. Torts, Sports and Religion: Keeping your principal out of trouble National SAM/Principal Conference Phoenix, Arizona January 27-28, 2012

  2. Why do we care? • $$$$ • Respect Rights of others • Changing standards • Save Time • Free you up to be best

  3. Topics • Torts • Sexual Misconduct • Social Networking sites • Religion • Sports

  4. Torts • Duty – Legal issue • Breach – Fact issue • Cause in fact • Damages

  5. 2 Ps • P________________________ • P________________________

  6. Examples • Supervision • Duty and training • Equipment • Field Trips • Buildings and grounds • How to Prepare your School

  7. Harassment • Student to Student • Responsible if ______________or _________________ and school system was deliberately indifferent.

  8. Who wants to pay a Million Dollar Judgment? 1. Teacher to Student Harassment 2. Consequences 3. News Headlines 4. Revised Louisiana Statute 14:81.4

  9. Potential Signs of Problems • Physical displays of affection • Frequent personal communications • Sexually suggestive conversations • Obstructing view of room • Drinking with students • Hot-tubing with students • Language

  10. Teacher to Teacher • Hostile work environment • Words, pictures, rumors or jokes • Affairs or romances • Does it affect teaching ability or performance

  11. Technology Issues • Cell Phones – Appropriate policies • Video Cameras • Facebook • Cyber-bullying • Social Networking sites and issues • Who knows the future?

  12. The Ugly • Teachers posting inappropriate items on their profiles on Facebook • Teachers inappropriately contacting students about non-school items • Lack of understanding as to private vs. public settings and material

  13. Examples -- Pictures • Photo of 37 year old female teacher kissing 18 year old male student on the lips • Poster depicting talking sperm with slang term for oral sex • Picture of female teacher on her back, eyes closed with a bottle of Jose Cuervo between head and shoulders • Painting of woman lifting up her dress exposing her lingerie and another showing her bare chest

  14. More examples -- pictures • Drunken Pirate (denied degree) • Pictures of teacher painting with his buttocks • Nude photos on partner’s website (professional photographer)

  15. Inappropriate Messages • Male teacher under picture of female student “This is sexy” • “I’m not a gynecologist, but I will take a look inside” • Supervisor of high school science & math called students “Germ bags” and parents “snobby” and “arrogant” • Listing as an interest “teaching chitlins in the ghetto of Charlotte”

  16. More Inappropriate Messages • Special education teacher “You’re a retard, but I love you” • Elementary teacher “I only have 2 feelings: hunger & lust” and “I slept with a hooker, Be jealous” • Headmistress boasted about the size of her breasts on Facebook • Student teacher complaining about supervisor • “Teaching in DCPS – Lesson #1 Don’t smoke crack while pregnant”

  17. Suggestions for teacher PD • Its Social Networking! You’re not in college any more • Learn how to put settings on private • Don’t friend students • Don’t be critical of supervisors or parents on Facebook • Ask would I post this to my grandmother? • Don’t make fun of students or post anything vulgar, obscene or lewd • PD to avoid issues so principal does not have to!

  18. Religion in Schools? • Can we pray in school? • 1. Student religious rights • a. Absolute right _____, not absolute right to _________. • b. ___,_______, _________ restrictions. • c. Classroom issues • d. Non-curricular issues – flagpole; clubs; athletics; programs. • 2. School “suggested” religion

  19. Sports & Coaches! • Physical issues • Equipment issues • Record keeping (schedules & practices) • Potential for criminal liability

  20. Sexual misconduct? • Why are there so many instances of coaches sexual misconduct? • What can principals do to reduce the risk?

  21. Religion & victory! • U.S Supreme Court speaks • Issues in the sporting arena • Methods to achieve purposes

  22. Questions Anyone? • Contact Information Nathan Roberts, J.D., Ph.D. • EDFL Department Head • University of Louisiana at Lafayette • nroberts@louisiana.edu • 337-482-5264

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