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Physical education teacher is being sued? |
This physical education teacher at my high school believed that one of his student was a drug abuser. He had noticed the needle marks on the student's arms and has been acting erratically in recent weeks. The teacher reported this to the principal, who in turn notified the student's parents. This is in New York. Wouldn't it be a great world if teachers gave a damn -- oh wait this teacher did and they end up getting sued. Have him get a lawyer. You would think that there would be no reason for a teacher have to defend themselves in a civil suit when the show that they care about the students. A teacher is supposed to care about the children's well being. Sort of how a teacher is required by law to report signs of child abuse if the teacher notices. yes. if the teacher accurately reported his observations, and expressed opinions that he truly held, then truth is a defense to defamation. If he told the principal that he knew the student was a junky, instead of just expressing an opinion, then it is more difficult. However, damages are an element of the suit. Unless the kid and familly can demonstrate some harm, some damage to the kid from the comment, then there is no valid claim. The teacher might have insurance that would accept the defense. The school district should also assume the defense, especially if the teacher was actingi in the scope of his duties. If, for instance, the district encourages teachers to note and report drug abuse, then the district should assume the defense and pay any judgment. If the teacher went around telling everybody in sight that the student was a drug abuser then that can harm the kid's reputation. The teacher did what they thought was the right thing and should not be sued.They were just looking out for the welfare of the student.It is a shame that our country has become so sue happy,that even if you do something you think is helping someone,you can lose everything you own. he was right for reporting it showed he was concerned about his student. all the teacher should do is apologies for the mistake and move on. i mean what would have happened if he was and he didn't say anything are they gonna sue for him not saying anything. Another example of how our society works. If you do the job you are supposed to do and mind your own business.. you are a terrible person for not intervening if/when there is a problem. If you DO say something about it.. when you think there is a problem, you get in trouble for that. You can't win. It is a right shame for the teacher to get in trouble for doing what they are supposed to do. This is another reason to Never enter the Teaching Profession ! What targets Teachers have become, sure maybe he should have known about any student in his cares given condition, maybe if the student had been female this would open him up to other misconduct allogations, either way teachers can't win. I'ts a sad reflection on society when someone in a trusted position of authority is powerless to act out of concern for the student, for fear of being sued. Is that the same as being sued for incorrectly providing First Aid, do you have "the good samaritan act" there ? As far as deformation is concerned thats ridiculous, the Teacher has a duty of care to act and to pass on all concerns and information to the next in line (Superiors). My guess is thats what happened, he certainly wouldn't have been hinting that to other students or making wild accusations about the student. If he didn't act and his suspicions were tragically proved to be true than obviously his breached he's duty of care! Under the "child protection act" it is a criminal offence for someone in a position of authority to not pass on concerns as to (for example) the abuse or neglect of any child. Can't have it both ways, find a good lawyer, but really on grounds of best intent, duty of care, and no malicious aggrevation its a no brainer and sure winner ! |
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