On February 26, 1986, a female student, whom the court records refer to as C.R., at Morton East High School in Illinois brought a note to her school psychologist, Dr. Rosario C. Pesce. The note informed the plaintiff that C.R.’s male friend (“J.D”) was struggling with shame, confusion, and suicidal thoughts because a male teacher at Morton East High School allegedly abused J.D. sexually. After hearing this, Dr. Pesce gave C.R. a professional therapist’s contact information to pass along to J.D., and later that day, J.D. chose to come see Dr. Pesce in his office to discuss his confusion and suicidal thoughts (“Dr. Rosario”). Before discussing the content of the letter and the student’s suicidal thoughts, Dr. Pesce “assured the student…of the …show more content…
Rosario”). However, the district court decided that the plaintiff violated the “Confidentiality Act,” which “permits disclosure of confidential communications of a minor between the ages of twelve and eighteen if…the therapist finds disclosure to be in the best interest of the minor” (“Dr. Rosario”). The courts also determined that he violated “The Reporting Act,” which requires school personnel to immediately report suspected child abuse to authorities (“Pesce v. J”). Dr. Pesce also violated the J. Sterling Morton High School District Employment Contract by not promptly reporting the incident, and therefore, putting J.D. in danger. In addition, the courts decided that Pesce’s rights were not violated (“Dr. Rosario”). In conclusion, as a future teacher, it is important to understand my responsibility to report any suspected child neglect or abuse. Even if my future student does not give me permission to report the incident, if the child is in danger, it is my responsibility to report. By keeping his promise of confidentiality to J.D., Dr. Pesce put J.D. in great danger. The student was in danger at school because of the misconduct of the teacher, and he was in danger outside of school because of his shame and suicidal thoughts and tendencies. It is important to always report suspected abuse to authorities when I am a
On May 12, 1983, Suzanne Figueroa was abducted at gunpoint in a child care center’s parking lot after dropping off her child. Subsequently, Figueroa was sexually assaulted and sliced with a knife. Suzanne and her husband, Luis Figueroa, sued North Park, the child center operator doing business at Evangelical Covenant Church, for negligent failure to provide adequate parking lot security. After the district court ruled against the Figueroas, they appealed the case arguing material issues of fact exist to prove the Evangelical Covenant Church owed them a duty of protection. The appeals court disagreed and affirmed the district court’s judgment.
Daniel James White, who was the defendant voluntarily resigned from his job, as a supervisor in San Francisco County on November 10, 1978. The defendant was trying to relieve some stress in his life. Although, seven days later he asked to be reinstated in his position. Due to being unable to financially support his family without a job. The defendant later found out, that his former supervisor did not agree with the defendant being reinstated.
Facts: Shortly after the beginning of the 1994-1995 school year, Katherine Taylor was diagnosed with bipolar disorder and was hospitalized. Shortly before being released to go back to work, her son contacted the school to request accommodations for his mother. When Taylor returned to work, her duties were lessened and her day was being micromanaged by the new principal, Mendel. In all the years she had worked for the school, the defendant had no disciplinary issues and actually received the following comments from the previous principal "excels in all aspects" of her job, was a "credit to our school," and "a tribute to excellence. " The defendant alleges that Mendel documented every misstep or problem that she had and only brought them to her
CASE HISTORY: On June 8, 1954, fifteen-year-old Gerald (“Jerry”) Gault was accused of making an obscene telephone call to a neighbor by the name of Mrs. Cook (Facts and Case Summary - In re Gault, n.d.). After the complaint was filed, Gault and friend, Ronald Lewis, were arrested and transported to the Children’s Detention Home. Gault was reportedly on probation when he was arrested due to having previously been in the company of another boy who had stolen a wallet from a purse (Facts and Case Summary - In re Gault, n.d.).
Moran’s credibility stems mainly from her personal experience with her lifestyle as a prostitute. Moran used pathos in her editorial to grasp an emotional response from the reader. After a year of being an orphan under the state’s care Moran started to sell herself and eventually turned to cocaine. For several years she was mentally destroyed with low self-esteem, and has no desire to return to the streets.
One out of court statement offered by the case manager to prove the truth of the matter asserted within another. The child and the therapist must undergo a separate hearsay analysis. Each level must be non-hearsay or meet an exception under FRE 803, 804, or 807. The child’s statements to the therapist would be considered hearsay because there were made outside of court and is offered to prove the truth of the matter asserted (child abuse). Nevertheless, the statements may be admitted under an exception to hearsay FRE 803(3) because they show how the child emotionally felt at the time.
It is accepted and required that a mother have time off to spend with her newborn baby, and most, if not all employers give their employees days off during a time of emotional trauma. How is Jason Dunlap’s case much different from either of these acknowledged exceptions? However, LaMark Elementary School refused to authorize any vacation time or even attempt to lighten Mr. Dunlap’s work load during a time when he was in a strenuous medical position. To complete his therapy, Mr. Dunlap had to take medication that caused him to be drowsy and fatigued, both conditions that could inhibit his ability to complete jobs to the best of his capability. Rather than acknowledging that Mr. Dunlap was in need of a more relaxed work environment for a brief period after ten years of loyal employment, the school board decided to punish him for simply being himself.
The plaintiffs in the case, Brandon’s parents, were suing based on the school failing to handle harassment at the school. More claims of wrongful death because of negligence and discrimination against Brandon’s disabilities were a part of the case, as well as suing parents for harassment and emotional distress. The Myers had claimed that the staff members were fostering a system where bullying was being able to thrive in the school and have no consequence, which still seemed to be the case when the life threatening notes were given to the school and no direct action was being taken for the victim. This also includes how the district officials, along with the employees, had kept the evidence and destroyed it to essentially keep the school protected. In March of 2010, the plaintiff’s Rehabilitation Act claim was dismissed in favor of the defendants, but kept all other respects in the case.
Nicole’s father, Stephen Eisel sued the school system, the superintendent, the principal and two guidance counselors at Sligo Middle School in Montgomery County. In June 1990, Judge J. James McKenna dismissed the suit ruling that the counselors and school board had no duty to intervene (McCord, 1991). The court found there was no law that stated that the counselors inform the parents. The purpose of this case was to find that the school counselors had a duty to intervene and stop a suicide from taking place that the breach of confidentiality was minimum compare to a life and death situation. The case was taken to the Court of Appeals of Maryland in 1990.
This has turned into a landmark case because it has altered the way the juvenile delinquent court system runs. A teenager of fifteen years old, Gerald Gault found himself accused of making an obscene telephone call. The victim was a neighbor Mrs. Cook, who reported the incident to police on June 8, 1964. A police officer then located Gault and arrested him on the charges (United States Courts). In an interview with Gualt he describes the way officials handles his case.
On October 23rd, 2017 at approximately 10:00 AM I, Investigator James Poffel had a victim, Amber Hill, of a sexual assualt come to my office located at Kids' Space Child Advocacy Center to report being sexually assaulted back when she was 3 and 4 years old. Amber is now 41 years old and is having memories or flashbacks of sexual assaults that occurred to her at the hands of her uncle, Steven Wilson, back in 1980 to 1982, when she was approximately 3 to 4 years old. Amber stated some of her memories are more vivid than others. She can remember at least 3 different incidents. The most vivid memory of which was when she was at her grandmother, Mary Wilson and grandfather, Harold Wilson's house.
When working with children in the school setting you will need to be aware of the different signs that a child may be being abused, the signs may include behavioural and physical changes, although you will need to do your best to make sure the child’s safety is being looked after in your care but you will need to look for possible signs that they are being mistreated while they are not in
I decided the best option was to learn more about the situation by sitting down with the parents. If the teacher had any suspicion that Tyrone was being abused at home, she should contact outside services. The philosophical principle that aided in solving this dilemma was rightness of action. As a teacher, if there is any harm inflicted on a child in their classroom it is their obligation to act. In this case the teacher needs to contact outside services because she knows that a child being treated harshly at home is wrong.
★CB14(11/27) ①Name & citation of case Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). ②Facts Aurelia Davis (”Davis”) sued the Monroe County Board of Education (”Board") and school officials on behalf of her fifth grade daughter LaShonda(”LaShonda”). Davis alleged that LaShonda's school failed to stop student-on-student sexual harassment on several occasions. About six months from 1992 to 1993, G.F. sexually abused and harassed Lashonda and other classmates. He attempted to touched her, fondle her, and used offensive language toward her.
Something that rose a red flag for me is the student had on instead on medications for behavior and anxiety barriers. The student has had meds in the past for this but claimed it didn’t help. Again this is a flag to me because not many middle school students would insist on drugs for anxiety. The only type of student that I could see doing this is if they had meds in the past that worked and for some reason switched or got off them and now need them again. After the case was over I talked to Mrs. Winter about this and she explained that that was a flag for her too.