pages 233-234 by gerald card. knox county education association v. knox county board of education ...
TRANSCRIPT
![Page 1: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/1.jpg)
Pages 233-234
By Gerald Card
![Page 2: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/2.jpg)
Knox County Education Association v. Knox County Board Of Education
158 F.3d 361 (6th Cir. 1998) cert denied
528 U.S. 812 (1999)
![Page 3: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/3.jpg)
Drug Testing was a violation of the 4th Amendment-the right to unreasonable search and seizure
![Page 4: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/4.jpg)
Suspicionless drug testing for all to apply, transfer to, or promoted to a safety sensitive position-such as principals, teachers, aids, subs, secretaries, and bus drivers.
This is a 1 time test.
![Page 5: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/5.jpg)
Reasonable Suspicion drug/alcohol testing of all school employees-there must be a drug or alcohol related incident to prompt the test.
This does not support random drug testing
![Page 6: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/6.jpg)
United Teachers of New Orleans v. Orleans Parish School Board
142 F. 3d 853 (5th Cir. 1998) Policy was Challenged: Anyone injured in the course of employment had to submit to drug testing
Court found that an injury had no correlation to the use of drugs-policy violated 4th Amendment
![Page 7: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/7.jpg)
Hearn v. Savannah Board of Education191 F. 3d 1329 (11th Cir 1999) cert denied529 U.S. 1109 (2000)-Routine drug sniffing dog found a partially burned marijuana cigarette in her car. The car was unlocked and the window down.
-This was “reasonable suspicion” to prompt a mandatory drug test within a 2 hr. period.
-She failed to cooperate and was fired-firing upheld
![Page 8: Pages 233-234 By Gerald Card. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6 th Cir. 1998) cert denied 528 U.S](https://reader030.vdocuments.us/reader030/viewer/2022033103/5697bfc11a28abf838ca4390/html5/thumbnails/8.jpg)
When public safety issues are involved, the courts uphold drug testing, If not Reasonable Suspicions is required