Despite being aware of all of this, the after school officials did not take action, which led Franklin to feeling hopeless about pressing any further charges. With the condition that all charges be dropped, Hill resigned from the school, but Franklin still filed a suit against the Gwinnett County School System, by which she wanted to be compensated with monetary damages for the harassment she went through. The suit was denied by the lower courts and cited Drayden v. Needville Independent School District as the precedent for not being able to use Title IX to pay out the damages.…
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school 's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.…
The Supreme Court case of Gregg V. Georgia dealt with administrative law, which is the legal field that regulates the due process clause in the Constitution. The clause is about the Government having the obligations to respect and uphold the legal rights of American people during and after they are arrested. Troy Leon Gregg and other inmates on death row believed that the death sentence was in direct violation of the 8th and 14th Amendments, which dealt with cruel and unusual punishment and that states must require due process. Gregg was found guilty for armed robbery, and the murders of two men in 1973. From that the Supreme Court had accepted his death sentence for the charges of murder and not of armed robbery thus being the first man in…
3. Should this incident be limited to the class, or should the principal and parents be notified? I believe this incident should encourage a school wide learning situation, in which attention is brought to all students about the seriousness of sexual harassment. I also believe the principle should play apart in this event, as well as the parents. Not only the parents of those students involved in the incident, but all parents.…
‘Carolyn is 21-years-old, and autistic with moderate intellectual disabilities. She attends a special school program to assist with her disabilities. On a recent field trip, Carolyn’s teacher left her and two male students unsupervised in the school van for a brief period of time. While the teacher was gone, one of the young men took Carolyn’s shirt off, fondled her bare breasts, and took a picture of them. When the students returned to school, he showed the pictures to other students. Carolyn told her mother about what happened and her mother contacted APS for help.’…
DECISION Yes, the U.S. Supreme Court confirmed that the students were protect by freedom of speech.…
Gavora, Jessica. Tilting the Playing Field: Schools, Sports, Sex, and Title IX. San Francisco: Encounter, 2002. Print.…
In today’s time discrimination is a highly used factor when it comes to the way people form their opinions about societal issues as well as different individuals we may come in contact with. We base our perceptions of people off of what only the eye can see rather than getting to know a person for the skills they possess and what the can bring to the table. Back in 1967 discrimination was something that was common to use amongst the white or rich community towards the blacks, poor, or uneducated folks in the south. One situation in particular was a Supreme Court case of Furman v the state of Georgia. As you read throughout this paper I hope you began to form your own opinion about discrimination and the way it is used in our society as well as how this Supreme Court case has impacted the change in the way our judicial system works when it come to a fair and just conviction.…
He sued his former school, but a trial court dismissed his lawsuit. Lambda Legal took over his case before a federal appeals court, which issued the first judicial opinion in the nation’s history finding that a public school could be held accountable for not stopping antigay abuse. The case went back to trial and a jury found the school officials liable…
The court ruled in favor of the school because they said the U.S Constitution against cruel and unusual punishment did not apply to corporal punishment in the school system. Even the Supreme Court failed to consider the case because they ruled that the eight amendment, prohibiting cruel and unusual punishment, was intended to protect people charged with a crime, and didn’t apply to young children. It was decided that schools are public institutions and it’s very unlikely for something like abuse to happen. This case was one of the many failed attempts in trying to shed light on corporal punishment. Additionally, the Supreme Court has denied judicial review in the case whether corporal punishment is denying our children of their legal rights as a person.…
Mathew Fraser a 17 year old senior gave an inappropriate sexual speech during an assembly where his classmates and school staff attended. His speech was related to his classmate’s vice- presidential election for student government. He was suspended from school for three days because he broke the school disciplinary code for inappropriate sexual comments as well as gestures. The student father was angry and said the school was breaking the First Amendment for the freedom of speech.…
Teachers, police officers etc. are being charged with statutory rape, people who are supposed to be the leaders of this country. According to a news report in The Daily Times a 23-year old Jordan Harris was arrested for having sexual relations with one of his 16-year old students at his home. But later released on a 25,000 bond. If someone is employed to be a teacher, then all students should not be looked at as someone they can mess around with. Schools are a place to learn and be protected by the school staff, not to be preyed on. In this particular case Jordan Harris was already once in trouble with another school district for allegations of messing with another minor student. If he was already on the spotlight for this once before then why was he giving another chance at a different school? The schools should take more precautions before hiring people. This man was in a student teacher program and they weren’t even sure that he was a graduate of the…
Facts: On December 3, 1990, Vanderbilt and DiNardo executed an employment contract hiring DiNardo to be Vanderbilt's head football coach. On August 14, 1994, Paul Hoolahan, Vanderbilt's Athletic Director, went to Bell Buckle, Tennessee, where the football team was practicing, to talk to DiNardo about a contract extension. In November 1994, Louisiana State University contacted Vanderbilt in hopes of speaking with DiNardo about becoming the head football coach for L.S.U. Hoolahan gave DiNardo permission to speak to L.S.U. about the position. On December 12, 1994, DiNardo announced that he was accepting the L.S.U. position. Vanderbilt sent a demand letter to DiNardo seeking payment of liquidated damages under section eight of the contract. Vanderbilt believed that DiNardo was liable for three years of his net salary: one year under the original contract and two years under the Addendum. DiNardo did not respond to Vanderbilt's demand for payment.…
Facts: Sharon Yeagle was the assistant to the Vice President of Student Affairs at the Polytechnic Institute and State University. Her job included aiding students in their applications to the Governor’s Fellows Program, an academic honors program. The Collegiate Times, the university’s newspaper, printed an article that included a large print block quotation that described Yeagle as the “Director of Butt Licking”. Yeagle sued the newspaper claiming that the phrase defamed her since that the act described is a violation of the state sodomy statue, thus accusing Yeagle of a crime that she didn’t commit. She claimed that the phrase harmed her reputation by associating her with a lack of integrity and deviancy. The trial court dismissed the case claiming that the phrase was not defamation, and Yeagle appealed to the Virginia Supreme Court (Calhoun).…