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Tenure

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The Due Process Clause of the 14th Amendment says that no state should deprive anyone of their constitutional right to life, liberty, or property, without due process of law. This process is basically a guarantee of fairness that is intended to serve two basic goals: to produce, through the use of fair procedures, more accurate results, to prevent the wrongful deprivation of interests, and to make people feel that the government has treated them fairly by, saying, and listening to their version of the story. It should be understood that fairness is comprised of many components: notice, an opportunity to be heard in a meaningful way at a meaningful time, and supported by a decision of substantial evidence.
There are significant prescribed processes that must be followed to dismiss a teacher. In a litigious society where there is a heightened awareness of potential misconception, poor judgement and unlawful acts.
Some believe these suggestions unreasonably interfere with a teacher’s style; however, teachers who refuse to become risk managers and blindly cling to the belief that because their motives are pure, they will not be misunderstood, do so at their own risk.
This administrator has a twofold responsibility to protect the teacher and the student. Prudent teachers should take steps to protect themselves. In order to move forward with passing any sanctions on this teacher a thorough investigation must ensue. The investigative interview begins with the informant. It is prudent to get a signed written statement of accounts and detailed report of this situation frim the informant.

Teacher negligence invoes four elements: the teacher must owe a duty of care to the student
• The teacher must breach that duty
• The student must suffer an injury
• There must be a direct connection between the student’s injury and your breach
Schools should also have a written code of conduct for teachers, other school staff members, and volunteers.
The most crucial decision the principal must make before the investigation is begun is whether or not to remove the teacher from student contact.
If the appropriate agency fails to investigate or the district attorney does not pursue a criminal charge, the school still must complete an investigation. Even an acquittal in a criminal proceeding should not deter the school from considering action against a teacher. Behavior that isn’t criminal may still fall below the standards of the education profession.
If a teacher confesses, punishment must follow. Absent a confession or a recanting of the allegation, the school must continue the investigation. However, the school’s responsibility does not end there because there are likely to be other unidentified victims.
There are three possible outcomes from the investigation: 1. The allegation is confirmed 2. The allegation is refuted 3. The allegation cannot be confirmed or refuted. If the allegation is confirmed, the teacher must be punished.…...

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