Jeremy Hurd

School Law

Assignment #5

3-17-04

 

Scenario 9

 

You have just taken an administrative position in a new school district.  Physical Education is required in the 9th grade.  In speaking with your counselors, you ask why there are two sections of PE offered each hour for four hours of each day.  You are told that one is Girl’s PE and one is Boy’s PE.

 

There is no real problem with having a separate girls and boys PE program within a school for numerous reasons.  First, PE involves the changing of athletic clothes, were a male teacher for boys PE and a female for girls PE may be needed to provide supervision in locker rooms.  It also levels out competition based on gender, which most sports are organized in the first place.  Legally, any school who has non co-ed PE classes, must proves that both PE classes are separate but equal, or in other words, provide the same educational benefit to both groups without limiting the quality of education for each class.  This would involve the Equal Protection Clause and the use of the middle-level test to determine if there is anything illegal.  These classes do not seem to have overt or covert gender discrimination.  If it were proven that they were, it would be something that an administrator would need to look into.  Courts have upheld cases of sex segregation as long as the middle-level test proves a separate but equal education.

 

Scenario 10

 

A member of the high school teaching staff, Miss Williams, has made an appointment to see you during her planning period.  At this meeting she informs you that Mr. Jones, another teacher, has been sexually harassing her.  She says he often makes crude remarks to her such as, “Do you sleep in the nude?”  She states that she does not believe that she should have to tolerate this kind of abuse.  She hands you a copy of a paper on which she has written and dated the times, locations, and comments directed at her by Mr. Jones.

 

The primary law involved in this case involves Title VII of the Civil Rights Act of 1964 which stated that no employee should be subjected to racially or sexually hostile, intimidating, or offensive work environment.  The Equal Protection Clause is also involved in this particular issue.  Sexual harassment includes the submission to or rejection of this the harassment explicitly or implicitly that affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Under state and national law regarding the Civil Rights Act of 1964, it would be my duty to properly investigate these accusations and confront Mr. Jones regarding these accusations.  It is obvious that this type of harassment falls under a “hostile work environment” and not “quid pro quo”.  Mr. Jones would be informed to discontinue his conduct, otherwise, it would be ground for me as an administrator to relieve him of his position and he could also open himself up for litigation and lawsuits from anyone he would make those comments to.  Addressing the situation and preventing it from happening again and explaining the law would be the best thing to do.

 

Scenario 11

 

Ken is a new custodian in your school building and has worked for you for 6 months.  He calls in sick the day of a snowstorm.  The next day he returns to work and tells you that his doctor has told him that he cannot work for at least 30 days.  He says that he hurt his back moving the gym bleachers on his last day of work.  He files a workman’s compensation claim for his injury.

 

A few days later, your elementary school principal tells you about a conversation she had with Ken’s daughter.  When asked how her dad was feeling, Allysa (Ken’s daughter) told Mrs. Waterhouse (the Elementary Principal), “He’s not doing very well.  Our driveway is very long and he hurt his back shoveling snow.”

 

The laws in the state of South Dakota regarding workman’s compensation claims are outlined in Section 62 of the SDCL.  Workman’s Compensation claims vary from state to state, so the issue of the claim relies within state statutes.  I will not go into detail about workman’s compensation claims because they are rather complex.  However, there are very strict laws regarding what is qualified as a legal claim.  It is obvious that Ken realized that when he hurt his back shoveling snow, he knew that the only way he would be able to receive workman’s compensation, was to claim that the injury occurred while at work. In most states, including South Dakota, an employee’s injury resulting from the intentionally wrongful behavior of the coworker is not covered.  It is against the law to file a false claim.  In this situation, I would provide Ken to re-tell his side of the story and confront him with the testimony of his daughter.  I would inform him of the repercussions of filing a false claim if the injury did not occur at work.  If Ken were to admit that he was guilty, I would need to report that the claim was false to the administration of the school district and possibly contact state officials.  If he were to still claim that he was telling the truth, I still would need to contact the school district office and state authorities about the possibility of a false claim in this situation.

 

Scenario 12

 

You are interviewing William for a science teaching position combined with coaching.  William is certified to teach science, coach, and has experience in both areas.  During a tour of the facilities, he asks you if you can tell he has an artificial leg.  He then proceeds to pull up his pants leg and show you.

 

As an administrator, it would be illegal for me to not hire this particular teacher based upon his disability alone.  Federal laws protect employees with disabilities under two laws:  The Rehabilitation Act of 1973 Section 504 and the Americans with Disabilities Act (ADA) of 1990.  The most important is the ADA which states that “ no employer shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.”  It would be unfair to judge the hiring of this employee solely in his disability and it would be illegal.  I would continue my interview process and inform the potential employee that his disability would not be an issue and that I will hire the best possible candidate based on their qualifications alone, and not anything else.  There are also state statutes regarding this that must be followed.  Overall, as an administrator doing hiring, this would not be an issue when it came time to deciding who to hire for the position.