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Miller, John J.; Paschen, Tucker L.; Doss, Kelvin D. – Physical Educator, 2021
The case of "Pellham v. Let's Go Tubing, Inc." (2017) is the result of the plaintiff striking a fallen log in the river after he fell off an inner tube he had rented from the defendants. The plaintiff sustained a ruptured eardrum, lower-disk problems in his back, a radiating foot pain, and eventually a neck fusion. The plaintiff alleged…
Descriptors: Court Litigation, Risk, Legal Responsibility, Negligence
Olivier Leclerc – Research Evaluation, 2025
Detecting and punishing violations of research integrity requires first having to prove them. However, establishing proof of research misconduct presents a number of challenges. Firstly, it has to be conducted in a variety of contexts, including before research integrity officers, university disciplinary committees, civil courts, criminal courts,…
Descriptors: Cheating, Research, Identification, Integrity
Miller, John J.; Bronson, Rachel; Barr, Millie; Kilcrease, Collin – Physical Educator, 2021
Jordan McNair, a 19-year-old freshman offensive lineman at the University of Maryland, collapsed during outdoor spring practice. Testimony from witnesses at the practice revealed that McNair exhibited signs of extreme exhaustion (Dinich, 2018). Additionally, witnesses indicated that he showed difficulty standing in an upright position while…
Descriptors: College Athletics, Athletes, Exercise Physiology, Death
Belt, Drake E.; Young, Sarah J. – Physical Educator, 2017
In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to…
Descriptors: Law Related Education, Legal Responsibility, Legal Problems, Injuries
Dall'Alba, Gloria; Barnacle, Robyn – Educational Philosophy and Theory, 2015
Despite an increasing array of "quality indicators" and substantial investments in educating professionals, there continues to be clear evidence of discordant, or even negligent, practice by accredited professionals. We refer to discordant professional practice as being "out of tune" with what is accepted as good practice. In a…
Descriptors: Professionalism, Philosophy, Professional Education, Negligence
Nelson, Steven L.; Waltz, Shawn J. – Educational Policy, 2019
Policymakers and practitioners are increasingly guiding K-12 students into dual enrollment programs. Dual enrollment programs have aided in improving the academic, occupational, and social trajectories of minoritized students although the gains of minoritized students in dual enrollment programs often trail the gains of White students in dual…
Descriptors: Dual Enrollment, Court Litigation, Equal Education, Legal Problems
Berg, Rachelle; Hendricks, Bret; Bradley, Loretta – Family Journal: Counseling and Therapy for Couples and Families, 2009
Major ethical considerations must be taken into account when providing counseling services to suicidal adolescents and their families. This article explores these ethical issues and the American Counseling Association and International Association of Marriage and Family Counselors ethical codes relevant to these issues. Related liability and…
Descriptors: Counseling Services, Adolescents, Ethics, Negligence
Ogunji, James A. – Journal of International Education Research, 2011
Examination malpractice or cheating has become a global phenomenon. In different countries of the world today, developed and developing, academic dishonesty especially cheating in examinations has heightened and taken frightening dimension. In many countries of the world this phenomenon has become a serious matter of concern that has left many…
Descriptors: Negligence, Cheating, Law Enforcement, Foreign Countries
Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard – Journal of Legal Studies Education, 2010
This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…
Descriptors: Accidents, Business Education, Case Studies, Traffic Safety
Teh, Kim – International Journal of Educational Reform, 2008
Many jurisdictions are showing a trend of school-related negligence cases being taken to court. This article explores the legal principles applied by the courts in England, Australia, Canada, the United States, and New Zealand to ensure the safety of students in schools. As we look at the developments in these countries, we can see student injury…
Descriptors: Negligence, Courts, Injuries, Court Litigation
Teh, Mui-Kim – Education Journal, 2008
The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure…
Descriptors: Negligence, Administrator Attitudes, Court Litigation, Foreign Countries
Mawdsley, Ralph D.; Cumming, J. Joy – Education and the Law, 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…
Descriptors: Negligence, Schools, State Courts, Foreign Countries
Potgieter, Johan – Perspectives in Education, 2004
This article points out that the "in loco parentis" maxim is partly to blame for introducing the confusing "reasonable parent" doctrine as the test for delictual negligence of educators in the school context. It is argued that the standard of care exercised by parents over their children is not appropriate to determine the negligence of educators.…
Descriptors: School Responsibility, Teacher Responsibility, Negligence, Legal Responsibility
Kantrowitz, Judy L. – Counseling and Values, 2010
When, why, and how clinicians decide to write about clients are ethical concerns. There are risks and potential clinical ramifications as well as responsibilities for how these decisions are made. On the basis of 141 interviews with psychoanalysts who have published in 3 major national and international psychoanalytic journals, the author explores…
Descriptors: Interviews, Attitude Change, Ethics, Decision Making
Hunter-Jones, John – Education 3-13, 2006
The Compensation Act 2006 received its Royal Assent on 25 July 2006. The Act allows the courts to have regard to the social utility of "desirable activities", including school trips, in considering negligence claims. The article reviews the law of negligence as it affects teachers of the very young and considers the possible impact of…
Descriptors: Negligence, Torts, Educational Malpractice, Field Trips