Wednesday, January 16, 2013

Quick Law 3

     The following are the case studies that will be reviewed in my Educator and the Law course this week:

Quick Law 3

Winans, Jay. (2004). "Broken leg in Football Game: School Supervision Adequate"
Overview:
- Grade 4 student playing tackle football at recess with 15-20 students
- Rough sports like tackle football were banned at the school
- While participating, the student's leg was broken
- Parents charged the school, it was dismissed
- Playground supervisor was responsible for acting as a reasonable
  parent (in loco parentis) 
- Supervisor was present, aware and capable
Commentary/Opinion:
- I am glad to see a case where the supervisor wasn't charged (we see
  so many of them)
- It can be so hard to be everywhere at once and it is impossible for a 
  supervisor to be within arms reach of every single student to prevent
  an accident from occurring
- I agree that the supervisor had done everything she could in the situation
Implications:
- While in the field, it is important for us to realize what our standard of
  care is ensure that we are doing our jobs to the best of our ability at the 
  time
- Is it reasonable to expect the supervisor to be monitoring the students
  carefully, watching alertly and circulating the area? Yes
- Is it reasonable to expect the supervisor to be able to be within arms
  reach of all students to intercept an accident? No

Tannahill, Julie. (2009). "Assistant Coach's Convictions of Sexual Touching Aside: No Evidence of Exploitative Relationship".
Overview:
- A female university student serving as an assistant couch to an under
  14 girls soccer team was charged with touching a young person for
  sexual purpose and inciting the young person to touch her
- The young person was a family friend and had known the assistant
  coach prior to the soccer season starting
- The parents explored suspicious emails, nothing sexual was found, but
   an email did "cross the line"
- It was determined that sexual touching occurred on multiple occasions
  over a 6 month+ timeline at both parties request
- The events in question occurred after the coaching season ended, so the
   assistant coach was no longer is a position of authority
- There was no strong evidence of the assistant coach exerting power over
   the young person
- The assistant coach was acquitted of all charges
Commentary/Opinion:
- This case had a lot of points (more than I could list here) but I agree with
   the fact that the assistant coach was not seen as a person of authority
   over the young person
- I still believe that a 21 year old having sexual relations with a person under
  the age of 14 is not appropriate what so ever, I still feel like she should have
  been charged
Implications:
- As teachers, it is important we know exactly who we are having volunteer
  with us (as coaches, in the classroom, field trips, etc).

Tannahill, Julie. (2008). "Teacher Convicted of Sexually Assaulting Students".
Overview:
- Female students (8, 13 & 14/15) complained of sexual assault by their art
  teacher (touching between the legs and breasts)
- The teacher denied any accusations
- The teacher was charged
- The reliability of the witnesses was credible and there was no evidence that
   the girls made up or exaggerated their stories
Commentary/Opinion:
- This is just awful. I find it disgusting that anyone, but especially someone in
   a position to help others, would take advantage of their young students this 
   way.

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