GNSDO MEETINGLEGAL ISSUES IN EDUCATION

ROCKDALE MEDICAL CENTERApril 17th, 2012

Are you at risk??????

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Add in good faith………….

Follow policies

Seek guidance

Document

Four Rules

Provisions protecting personal, property and political rights

14th Amendment protection of due process

1st Amendment protection of free speech,freedom of religion, and the right to assemble

4th Amendment protection of search and seizure

Risk Areas-Areas Protected under the Constitution

DiscriminationBased on race, color, or national origin

American Disabilities Act

Family Educational Rights and Privacy Act (personal rights of school

records)

Mandatory vaccinations

Abuse Reporting

Copyright Practices

Copyright Infringement Penalties Copyright infringement is the act of violating any of a copyright

owner’s exclusive rights granted by the federal Copyright Act.  There are three elements that must be in place in order for the infringement to occur.

The copyright holder must have a valid copyright. The person who is allegedly infringing must have access to the

copyrighted work. The duplication of the copyrighted work must be outside the

exceptions.   The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work

infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.

Breach of Confidentiality

Cheating

Codes of Conduct

Ethics versus Law

Slander and defamation would be a reason to sue if the teacher said something untrue about a student's character that has a negative effect on their well-being or reputation.

Libel is letter Slander is spoken

Torts/Slander and Defamation

Breach of duty

Standards of care

Negligence

Plaintiff files COMPLAINT and SUMMONS Defendant files ANSWER Fact finding occurs through DISCOVERY Any and All MOTIONS Possible JUDGMENT, MEDIATION or SETTLEMENT

is entered. Common MotionsEntry of Default

Motion to Dismiss Motions to Compel Summary Judgment Possible JUDGMENT, MEDIATION or SETTLEMENT is entered. Common

MotionsEntry of Default

Motion to Dismiss Motions to Compel Summary Judgment A TRIAL may occur when settlement is not reached.

The process of being sued

Complaint-Prayer for relief/allegations/joinder of claims

Challenges to the compliant (motion to dismiss)

Answer (Denial, Affirmative defense, Admission of Guilt)

Counter Claims/Cross Claims (co-defendant) Discovery (Depositions, Interrogatories,

Inspection of Documents Summary Judgment/Trial

Pleadings

The content of the materials within are researched and presented from current evidence based practice. The materials are not to be replicated without express permission of the author.

Date Handouts/Signature on each page.

Disclaimer on course handouts

Insurance or no insurance???

It is easy to defend the

right thing.