The Unruly Student Case Studies Examples

Introduction

Child rights have increasingly become a subject of much debate in the modern society. The question of respect and upholding of children’s dignity and wellbeing has dominated various discussions. As well, child right movements have emerged. Chief among these is the human rights societies. Indeed, the subject of children rights must consider the definitions, boundaries, limits, and responsibilities of child protection laws. This paper focusses on a typical case of an alleged violation of child right. For purposes of clarity and flow of thought, I will use pseudonyms to recount the event.

Craig (Student): (In a tempered tone) That is none of your business!

Craig: I said that is none of your business sucker!
(As Mrs. Allison is reflecting on what to say, Craig rises from his desk. He throws his books on the floor, swings at the teacher and hits her on the arm. Later, Craig stands up to take another shot. At this, the rest of the class is in still surprise. The principal, Mr. Glenn hears the commotion and walks into the class)
Craig: (Struggles to get out of Mr. Glenn’s grip. Then he says to Mr. Glenn) You are a child abuser! My parents must sue you. Just wait!
(The following day in the morning)
(The next morning at 10a.m)
Superintendent: (Phones Mr. Glenn). Hallo Mr. Glenn.
Superintendent: You have a visitor here in my office. She says she would like to interview you about the possibility of your involvement in child abuse. Please come to my desk.

Significant legal issues connected to the scenario

There are several legal issues related to this situation. Firstly, the scenario involves the question of inappropriate behavior towards the teacher. The action of throwing the books and hitting the teacher on the arm was certainly inappropriate. Secondly, it involves a question of the meaning of parental responsibility to report child abuse. Certainly, Craig’s parents have a responsibility not only to Craig, but also to the teacher and the school fraternity. Thirdly, it involves the question of due process in the determination of guilt. Apparently, it seems that due process was not followed in Mr. Glenn’s implication (Imber et al., 2013). Fourthly, this scenario contains allegations against a staff, in this case, Mr. Glenn, and Mrs. Allison. Fifthly, the scenario includes the consideration of the legal status of Craig at that point (Coram’s Children Legal Centre)

Five major case laws governing the legal issues.

Various case laws govern the legal problems. Firstly, The Federal Law supports exceptional cases in which the staff uses force to restrict or control a student. Moreover, it supports forceful interventions where school officials must enforce school rules and prevent damage, injury or disruption. Notably, this is enshrined in the Fourth Amendment protection against unreasonable seizures and the Due Process Clause of the Fourteenth Amendment (Imber et al., 2013). A case in point is that of Ramirez vs. Hsu (Bravo ex rel. Ramirez v. Hsu, 404 F. Supp. 2d 1195 (C.D. Cal. 2005). Martha Ramirez, the guardian of Ad Litem, seeing among inter alias Norman Hsu for a violation of the Fourth Amendment. Apparently, the court ruled in favor of Hsu (Imber et al., 2013).
Secondly, most States have enacted legislations, which hold parents responsible for some minimum damage caused by their children (Imber et al., 2013). Moreover, the State upholds that aberrant behavior from students is subject to school official’s intervention(Imber et al., 2013).
As well, this scenario contains an element of the Goss case. Indeed, according to this Case, a school official has the right to expel an unruly student from school on grounds of misconduct. Essentially, the case involved a group of students involved in disturbances during a time of widespread unrest {Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725 (1975)} (Imber et al., 2013). Surprisingly, the court ruled that no student had the right to education.

How the case laws apply to my arguments.

My position is that the parents failed to follow due process in filing their suit against Mrs. Allison. The Due process Clause of the Fourteenth Amendment guarantees that the state shall not deprive a person his right to liberty, life, and property without the due process (Imber et al., 2013). Thus, Mr. Butlers hurried suing of Glenn was not appropriate. Secondly, I argue that Mr. Glenn was right in withdrawing Craig from Mrs. Allison. Indeed, this was a step towards protecting Mrs. Allison against possible injury. As well, I argue that the school officials have the mandate of ensuring compliance of school rules by the students. Thus, according to the Goss Case, Mrs. Allison is justified in confronting Craig.

Weaknesses in my argument.

My position contains some gaps. Indeed, it can be challenged based on negligent misrepresentation of Mrs. Allison. Probably, this scenario may be an exposure of her ill-treatment of other students. Perhaps, Craig had been enduring grotesque behavior from her (Imber et al., 2013)
The provisions of the duty to report child abuse may challenge my argument. According to Imber et al., (2013), the invasion of privacy is a multi-faceted Tort having four main sides. Notably, the fourth provision states that the matters made public must be highly objectionable and offensive to a reasonable person having ordinary sensibilities. As such, that action could warrant legal redress. Certainly, the action between Mrs. Allison and Craig can be construed as offensive to his parents. Thus, it forced them to seek legal intervention.

Ways of averting the litigation.

This scenario ought not to have involved legal intervention. Indeed, various steps could have helped to avoid the litigation. For instance, Craig’s parents could have taken time to find out what transpired in the incidence. Indeed, hearing both sides of the story could have helped to make better and rational decisions.
In addition, the parents could have first resorted to address the matter with the school’s managing team or proprietor. Indeed, the managing directors could form a kind of tribunal to look into the matter. Besides, the managing team would consider inviting some parent reps to represent the parents. As well, they would consider involving a third party of about three people who are neutral to the case. Ideally, the third party would function as a jury, mandated to issue their verdict.
Certainly, the director could assist by launching an investigation into the matter. If convinced of the breach of child rights, the school director could take corrective measures to prevent the reoccurrence of abuse. Needless to say, Teacher Allison too had a right to resort to legal redress since Craig hit her on the arm. Precisely, this was a physical assault on her. As well, it was an act that degraded her dignity and taste of treatment. Thus, she could also forward the issue to the courts.
Another alternative to this scenario is the use of successive jurisdictional considerations. Mainly, this means that the parties to the scene would have referred to various contexts governing human relations. Firstly, they would have considered the rules governing the classroom relations. Then, they would have reviewed the norms governing the school. Subsequently, they would review the state laws. Finally, and the highest consideration would be the universal values and norms that govern human interaction. At this point, they would find values such as the respect and upholding of human dignity. Certainly, these measures would ensure a fair treatment of the case in which serves the interests of all parties.

Reflection

I have learned various lessons from completing this case study. Firstly, I have discovered that it is not good to rush to seek legal redress on issues affecting us. The swiftness with which Craig’s parents handled the case was unwarranted. Most importantly, they would have listened not just to Lauren but also to Mrs. Allison. Indeed, in that way they would have a balanced way of addressing the matter. Secondly, I have learned that the American Laws contain provisions that govern student- teacher relations. As such, it is important for all people to acquaint themselves with the laws. Mostly, this will help them understand their rights and privileges. Besides empowering the people, familiarizing oneself with the Law would help people avoid actions that would make them vulnerable to breach the Law. Most importantly, values of respect and human dignity should form a significant part of human relations.

Conclusion

As an educational leader, this study bears various implications for me. Firstly, it shows how some Laws may be used to demean the human values and progress. For instance, the Laws governing punishment of children in schools encouraged Craig to disrespect her teacher before other students. Presumably, if this trend remains, it can foster a culture of disrespect among the children. Subsequently, it would preclude behavior-molding efforts in the schools. Thus, the children are left to themselves to learn behavior.
I believe in the role of punishment in shaping a child’s character. Indeed, even from the scientific viewpoint reward and punishment contribute in shaping behavior. For instance, BF Skinner’s classical conditioning, both the positive and negative reinforces help to shape the character (Hansen, 2008). Nevertheless, the religious teachings also uphold the role of punishment in shaping behavior.
Certainly, this study implies the need for policies governing disciplinary matters right from the school’s level. In essence, such policies shed light on the DOs and DONTs. Importantly, parents bringing their children to school must receive these policies. Prior to admission, the parents need to consent to the governing policies by appending their signatures. Thus, this would safeguard not only the parent’s interests but also that of the student, teachers, and the school managers.

References

Hansen, C. (2008). Cognitive-behavioral interventions: Where they come from and what they do. Fed. Probation, 72, 43.
Coram’s Children Legal Centre. (n.d). Child Protection Project: Crosscutting Legal Issues. Retrieved March 17, 2015 from http://protectingchildren.org.uk/crosscutting-legal-issues/
Imber, M., Van Geel, T., Blokhuis, J. C., & Feldman, J. (2013). A teacher's guide to education law. Routledge.