The sexual misconduct of school employees has become a more common issue in the United States, and there has been very little empirical research conducted to provide context or understanding of the prevalence of this problem. Therefore, the purpose of this study was to investigate the reasons for license revocation and surrender in North Carolina…

This activity is designed to be utilized in a School Law class, but is also appropriate for a class in Human Resources. Holding students and staff accountable for their actions is essential to a well run school. School principals are prepared to deal with student accountability and student discipline issues, but rarely are principals ready to deal…

Provides school executives with due process information concerning termination of school personnel, including teachers. Outlines the usual reasons for termination, ranging from reduction in force to wrongdoing on the job, and explains the burden of proof resting on the employer. (MLH)

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

A discussion of Virginia Community Colleges' personnel policy is presented. Procedures discussed include those for: (1) dismissal of college personnel holding faculty rank, (2) non-reappointment of college personnel holding faculty rank, (3) faculty grievance, and (4) professional employees' appointment policy. (CK)

The responsibility of a school board in reaching decisions in immorality cases points to the obvious need to understand the scope of recent jurisprudence regarding this issue. This article focuses on the lesser-known areas of immorality and cites recent litigation that further illuminates the total concept. (Author)

Greater administrative accountability can result only from a replacement of the current "but-for" test with one that simply asks whether protected activity was a substantial cause of the decision to remove the employee. Available from the Yale Law Journal, 401A Yale Station, New Haven, CT 06520. (Author)

As a result of the large number of employees who feel a sense of duty to report waste and corruption within their firms, 500,000 people each year are unjustly dismissed. This document reviews several positions taken by various courts and illustrates some common ground for employees who have been unjustly dismissed due to their whistleblowing.…

Analyzes judicial response to employees who had been dismissed for sexual misconduct and objected to their school districts' dismissal processes. Issues tend to fall into three categories: elements of proof; relationship to the judicial evidentiary process; and standard for judicial review. Advises administrators to prepare, publish, and enforce…

Reduction in force actions in the DeKalb County (Georgia) School System are to be based on position classifications, Equal Employment Opportunity Commission classifications, lengths of continuous service, and certification, if applicable. The procedures, adopted in June 1979, establish the initial determination of surplus personnel, the…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

This guidebook provides a general overview of procedures that may be followed in staff misconduct situations. Following the preface and introduction, part 1 contains four chapters that present information on general misconduct procedures, serious misconduct requiring immediate suspension, the presentation of a case at a hearing, and misconduct…

The Canadian concept of "natural justice" is equivalent to "due process" in the United States. This paper traces the evolution of natural justice from English common law to its function in present day Canadian law. The extension of natural justice to school board employees is discussed. The paper points out that although in the…

The second edition of this guidebook, written for principals and supervisors, provides a general overview of procedures to follow in staff misconduct situations. Following the preface and introduction, part I discusses general procedures for handling misconduct and includes guidelines for conducting investigations and school-level meetings. Part…

Chapter 2 in a book on school law discusses the reasons for reduction in force (RIF) and presents a set of model regulations for school districts as the best means of minimizing legal problems resulting from RIF. The reasons for RIF include declining student enrollments; reduced turnover among teachers; changes in programs; and more constrained…